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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 8, and 12 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.
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) 1-5, 8, 10-14, 18, 20-22, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Toumiya et al. (U.S. 2008/0135732 A1, hereinafter refer to Toumiya) in view of Horikoshi et al. (U.S. 2010/0230578 A1, hereinafter refer to Horikoshi) and Lin et al, (U.S. 2009/0189055 A1, hereinafter refer to Lin).
Regarding Claim 1: Toumiya discloses an image sensor (see Toumiya, Fig.1 as shown below and ¶ [0003]) comprising:
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a substrate (10) having a plurality of light receiving elements (PD) therein (note: the Toumiya single light receiving elements (PD) is equivalent to the claimed limitation of duplicated light receiving elements (PD), for support see Horikoshi, Fig.8 as shown below that demonstrates a plurality of light receiving elements (21)) (see Toumiya, Fig.1 as shown above and ¶ [0058]);
a gate (13/14) region on the substrate (10) (see Toumiya, Fig.1 as shown above);
a lower insulating layer (15/16) covering the gate region (13/14) (see Toumiya, Fig.1 as shown above);
a wiring region on the lower insulating layer (15/16), the wiring region comprising a multi- layered wiring structure and an interlayer insulating layer (20/21/22/25/26/27/30) covering the metal multi-layered wiring structure (see Toumiya, Fig.1 as shown above);
a plurality of light guides, each of the plurality of light guides comprising a cavity (H) in the interlayer insulating layer above a corresponding one of the light receiving elements (PD) (note: the Toumiya single light guide is equivalent to the claimed limitation of duplicated light guides, for support see Horikoshi, Fig.8 as shown below that demonstrates a plurality of light guides (14)) (see Toumiya, Fig.1 as shown above and ¶ [0058]);
an upper insulating layer (31) on or at the boundary, on the interlayer insulating layer (20/21/22/25/26/27/30) (see Toumiya, Fig.1 as shown above);
a passivation layer (33) on the upper insulating layer (20/21/22/25/26/27/30), on or at the boundary (see Toumiya, Fig.1 as shown above);and
a liner (36) in lining the cavity of each of the plurality of light guides and on the passivation layer (33) on or at the boundary, the liner (33) having a thickness in a range of 50 Å to 3000 Å (5000 Å) (see Toumiya, Fig.1 as shown above and ¶ [0071]); and
a light-transmitting insulating layer (37) on the liner (36) in the cavity (H) of each of the plurality of light guides, filling each said cavity (H) (see Toumiya, Fig.1 as shown above), and
the passivation layer (33) is not in the cavity (H) (see Toumiya, Fig.1 as shown above).
Toumiya teaches the liner layer thickness higher than the claimed invention as shown above; however, it would have been obvious to one of ordinary skill in the art of making semiconductor devices to determine the workable or optimal value for the thickness of liner layer through routine experimentation and optimization to obtain optimal or desired device performance because the thickness of liner layer is a result-effective variable and there is no evidence indicating that it is critical or produces any unexpected results and it has been held that it is not inventive to discover the optimum or workable ranges of a result-effective variable within given prior art conditions by routine experimentation. See MPEP § 2144.05
Toumiya is silent upon explicitly disclosing a plurality of light guides wherein a boundary between adjacent ones of the plurality of light guides in the wiring region.
Before effective filing date of the claimed invention the disclosed plurality of light guides were known to include a boundary between adjacent ones of the plurality of light guides in the wiring region in order to adjust the spectral balance to be constant in differences of light dispersion angles from waveguide exit ends due to wavelengths of light of the colors.
For support see Horikoshi, which teaches a plurality of light guides (14) wherein a boundary between adjacent ones of the plurality of light guides (14) in the wiring region (31) (see Horikoshi, Fig.8 as shown below and ¶ [0017]).
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Thus, it would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to combine the teachings of Toumiya and Horikoshi to duplicate the Toumiya light guide as taught by Horikoshi in order to obtain a plurality of light guides that includes a boundary between adjacent ones of the plurality of light guides in the wiring region in order to adjust the spectral balance to be constant in differences of light dispersion angles from waveguide exit ends due to wavelengths of light of the colors.
The combination of Toumiya and Horikoshi is silent upon explicitly disclosing wherein each of the liner and the passivation layer has a higher refractive index than the light-transmitting insulating layer.
Before effective filing date of the claimed invention the disclosed each of the liner and the passivation layer were known to have a higher refractive index than the light-transmitting insulating layer in order to form the wiring region and plurality of light guides that reduce optical crosstalk in imaging devices.
For support see Lin, which teaches wherein each of the liner (20) and the passivation layer (15) has a higher refractive index than the light-transmitting insulating layer (28) (note: Lin teaches liner layer 20 and passivation layer 15 made of silicon nitride material which have a refractive index of about 1.6 to 1.8) (see Lin, Fig.7C, ¶ [0017], ¶ [0022], and ¶ [0025]).
The combination of Toumiya and Horikoshi teaches the claimed invention except for the materials of the liner, the passivation layer, and the light-transmitting insulating layer. Hence, it would have been obvious to one having ordinary skill in the art before effective filing date of the claimed invention to combine the teachings of Toumiya, Horikoshi, and Lin to enable the known materials as taught by Lin in order to form the wiring region and plurality of light guides that reduce optical crosstalk in imaging devices, since it has been held to be within the general skill of a worker in the art to select a known material on the base of its suitability, for its intended use involves only ordinary skill in the art. In re Leshin, 125 USPQ 416.
Regarding Claim 2: Toumiya as modified teaches an image sensor as set forth in claim 1 as above. The combination of Toumiya, Horikoshi, and Lin further teaches wherein the liner (36) is in direct contact with the interlayer insulating layer in the light guide (see Toumiya, Fig.1 as shown above).
Regarding Claim 3: Toumiya as modified teaches an image sensor as set forth in claim 1 as above. The combination of Toumiya, Horikoshi, and Lin further teaches wherein the liner (36) covers sidewalls of the upper insulating layer (31) and the passivation layer (33) near the boundary (see Toumiya, Fig.1 as shown above).
Regarding Claim 4: Toumiya as modified teaches an image sensor as set forth in claim 1 as above. The combination of Toumiya, Horikoshi, and Lin further teaches wherein the passivation layer (33) is spaced apart from an adjacent passivation layer (33) on or at an adjacent boundary (see Toumiya, Fig.1 as shown above and see Horikoshi, Fig.8 as shown above).
Regarding Claim 5: Toumiya as modified teaches an image sensor as set forth in claim 1 as above. The combination of Toumiya, Horikoshi, and Lin further teaches wherein a color filter (39) on the insulating layer (see Toumiya, Fig.1 as shown above); and
a lens (40) on the color filter (39) (see Toumiya, Fig.1 as shown above).
Regarding Claim 8: Toumiya discloses an image sensor (see Toumiya, Fig.1 as shown above and ¶ [0003]) comprising:
a substrate (10) having a plurality of light receiving elements (PD) therein, each of the light receiving elements (PD) being in a corresponding pixel (note: the Toumiya single light receiving elements (PD) is equivalent to the claimed limitation of duplicated light receiving elements (PD), for support see Horikoshi, Fig.8 as shown above that demonstrates a plurality of light receiving elements (21)) (see Toumiya, Fig.1 as shown above);
a lower insulating layer (15/16) on the substrate (10) (see Toumiya, Fig.1 as shown above);
a wiring region on the lower insulating layer (15/16), the wiring region comprising a multi- layered wiring structure and an interlayer insulating layer (20/21/22/25/26/27/30) covering the metal multi-layered wiring structure (see Toumiya, Fig.1 as shown above);
a plurality of light guides, each of the plurality of light guides comprising a cavity in the interlayer insulating layer (20/21/22/25/26/27/30) above each a corresponding one of the light receiving elements (PD) (note: the Toumiya single light guide is equivalent to the claimed limitation of duplicated light guides, for support see Horikoshi, Fig.8 as shown above that demonstrates a plurality of light guides (14)) (see Toumiya, Fig.1 as shown above and ¶ [0058]);
a pad (32) on the interlayer insulating layer (20/21/22/25/26/27/30) in a surrounding region (see Toumiya, Fig.1 as shown above);
an upper insulating layer (31) on the interlayer insulating layer (20/21/22/25/26/27/30), on or at the boundary and sidewalls of the pad (32) (note: pad 32 has at least four sidewalls) in the surrounding region (see Toumiya, Fig.1 as shown above);
a passivation layer (33) on the upper insulating layer (31), on or at the boundary (see Toumiya, Fig.1 as shown above);
a liner (36) lining the cavity (H) of each of the plurality of light guides and on the passivation layer (33) on or at the boundary, in contact with the interlayer insulating layer (20/21/22/25/26/27/30) or the lower insulating layer (15/16), the liner (36) having a thickness in a range of 50 Å to 3000 Å (5000 Å) (see Toumiya, Fig.1 as shown above and ¶ [0071]),
a light-transmitting insulating layer (37) on the first region and filling the cavity (H) of the light guide (see Toumiya, Fig.1 as shown above),
the passivation layer (33) is not in the cavity (H) (see Toumiya, Fig.1 as shown above); and
an opening (P) on or over the pad (32) (see Toumiya, Fig.1 as shown above).
Toumiya teaches the liner layer thickness higher than the claimed invention as shown above; however, it would have been obvious to one of ordinary skill in the art of making semiconductor devices to determine the workable or optimal value for the thickness of liner layer through routine experimentation and optimization to obtain optimal or desired device performance because the thickness of liner layer is a result-effective variable and there is no evidence indicating that it is critical or produces any unexpected results and it has been held that it is not inventive to discover the optimum or workable ranges of a result-effective variable within given prior art conditions by routine experimentation. See MPEP § 2144.05
Toumiya is silent upon explicitly disclosing a plurality of light guides wherein a boundary between adjacent ones of the plurality of light guides in adjacent pixels.
Before effective filing date of the claimed invention the disclosed plurality of light guides were known to include a boundary between adjacent ones of the plurality of light guides in adjacent pixels in order to adjust the spectral balance to be constant in differences of light dispersion angles from waveguide exit ends due to wavelengths of light of the colors.
For support see Horikoshi, which teaches a plurality of light guides (14) wherein a boundary between adjacent ones of the plurality of light guides (14) in adjacent pixels (see Horikoshi, Fig.8 as shown above and ¶ [0017]).
Thus, it would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to combine the teachings of Toumiya and Horikoshi to duplicate the Toumiya light guide as taught by Horikoshi in order to obtain a plurality of light guides that includes a boundary between adjacent ones of the plurality of light guides in adjacent pixels in order to adjust the spectral balance to be constant in differences of light dispersion angles from waveguide exit ends due to wavelengths of light of the colors.
The combination of Toumiya and Horikoshi is silent upon explicitly disclosing wherein each of the liner and the passivation layer has a higher refractive index than the light-transmitting insulating layer.
Before effective filing date of the claimed invention the disclosed each of the liner and the passivation layer were known to have a higher refractive index than the light-transmitting insulating layer in order to form the wiring region and plurality of light guides that reduce optical crosstalk in imaging devices.
For support see Lin, which teaches wherein each of the liner (20) and the passivation layer (15) has a higher refractive index than the light-transmitting insulating layer (28) (note: Lin teaches liner layer 20 and passivation layer 15 made of silicon nitride material which have a refractive index of about 1.6 to 1.8) (see Lin, Fig.7C, ¶ [0017], ¶ [0022], and ¶ [0025]).
The combination of Toumiya and Horikoshi teaches the claimed invention except for the materials of the liner, the passivation layer, and the light-transmitting insulating layer. Hence, it would have been obvious to one having ordinary skill in the art before effective filing date of the claimed invention to combine the teachings of Toumiya, Horikoshi, and Lin to enable the known materials as taught by Lin in order to form the wiring region and plurality of light guides that reduce optical crosstalk in imaging devices, since it has been held to be within the general skill of a worker in the art to select a known material on the base of its suitability, for its intended use involves only ordinary skill in the art. In re Leshin, 125 USPQ 416.
Regarding Claim 10: Toumiya as modified teaches an image sensor as set forth in claim 8 as above. The combination of Toumiya, Horikoshi, and Lin further teaches wherein each of the plurality of light guides decreases in width as a function of depth in the cavity (see Lin, Fig.7C).
Regarding Claim 11: Toumiya as modified teaches an image sensor as set forth in claim 8 as above. The combination of Toumiya, Horikoshi, and Lin further teaches wherein the liner (36) is on the passivation layer (33) in the pixel and the surrounding region (see Toumiya, Fig.1 as shown above).
Regarding Claim 12: Toumiya discloses a method of manufacturing an image sensor (see Toumiya, Fig.1 as shown above and ¶ [0003]), the method comprising:
forming a plurality of light receiving elements (PD) in a substrate (10) (note: the Toumiya single light receiving elements (PD) is equivalent to the claimed limitation of duplicated light receiving elements (PD), for support see Horikoshi, Fig.8 as shown above that demonstrates a plurality of light receiving elements (21)) (see Toumiya, Fig.1 as shown above);
forming a gate region (13/14) on the substrate (10) (see Toumiya, Fig.1 as shown above);
forming a lower insulating layer (15/16) covering the gate region (13/14) (see Toumiya, Fig.1 as shown above);
forming a multi-layer metal wiring layer and an interlayer insulating layer (20/21/22/25/26/27/30) on the lower insulating layer (15/16), the interlayer insulating layer (20/21/22/25/26/27/30) covering the multi-layer metal wiring layer (see Toumiya, Fig.1 as shown above);
forming an upper insulating layer (31) and a passivation layer (33) on the interlayer insulating layer (20/21/22/25/26/27/30), and forming a cavity for each of a plurality of light guides above the plurality of light receiving elements (PD) by etching the passivation layer (33), the upper insulating layer (31), and the interlayer insulating layer (20/21/22/25/26/27/30) within boundaries of unit pixels, each unit pixel including one of the plurality of light receiving elements (PD) (see Toumiya, Fig.1 as shown above);
forming a liner (36) in the plurality of light guides and on the passivation layer (33) on or at the boundaries, the liner (36) having a thickness in a range of 50 Å to 3000 Å (5000 Å) (see Toumiya, Fig.1 as shown above and ¶ [0071]); and
forming a light-transmitting insulating layer (37) on the liner (36) and filling the cavity (H) (see Toumiya, Fig.1 as shown above), and
the passivation layer (33) is not in the cavity (H) (see Toumiya, Fig.1 as shown above).
Toumiya is silent upon explicitly disclosing a plurality of light guides wherein forming a cavity for each of a plurality of light guides above the plurality of light receiving elements by etching the passivation layer, the upper insulating layer, and the interlayer insulating layer within boundaries of unit pixels, each unit pixel including one of the plurality of light receiving elements.
Before effective filing date of the claimed invention the disclosed processing conditions were known for forming a cavity for each of a plurality of light guides above the plurality of light receiving elements by etching the passivation layer, the upper insulating layer, and the interlayer insulating layer within boundaries of unit pixels, each unit pixel including one of the plurality of light receiving element in order to adjust the spectral balance to be constant in differences of light dispersion angles from waveguide exit ends due to wavelengths of light of the colors.
For support see Horikoshi, which teaches a plurality of light guides (14) wherein forming a cavity for each of a plurality of light guides (14) above the plurality of light receiving elements (21) by etching the passivation layer, the upper insulating layer, and the interlayer insulating layer within boundaries of unit pixels, each unit pixel including one of the plurality of light receiving elements (21) (see Horikoshi, Fig.8 as shown above and ¶ [0017]).
Thus, it would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to combine the teachings of Toumiya and Horikoshi to enable the known processing conditions for forming a cavity for each of a plurality of light guides above the plurality of light receiving elements by etching the passivation layer, the upper insulating layer, and the interlayer insulating layer within boundaries of unit pixels, each unit pixel including one of the plurality of light receiving element as taught by Horikoshi in order to obtain a plurality of light guides that includes a boundary between adjacent ones of the plurality of light guides in adjacent pixels in order to adjust the spectral balance to be constant in differences of light dispersion angles from waveguide exit ends due to wavelengths of light of the colors.
The combination of Toumiya and Horikoshi is silent upon explicitly disclosing wherein each of the liner and the passivation layer has a higher refractive index than the light-transmitting insulating layer.
Before effective filing date of the claimed invention the disclosed each of the liner and the passivation layer were known to have a higher refractive index than the light-transmitting insulating layer in order to form the wiring region and plurality of light guides that reduce optical crosstalk in imaging devices.
For support see Lin, which teaches wherein each of the liner (20) and the passivation layer (15) has a higher refractive index than the light-transmitting insulating layer (28) (note: Lin teaches liner layer 20 and passivation layer 15 made of silicon nitride material which have a refractive index of about 1.6 to 1.8) (see Lin, Fig.7C, ¶ [0017], ¶ [0022], and ¶ [0025]).
The combination of Toumiya and Horikoshi teaches the claimed invention except for the materials of the liner, the passivation layer, and the light-transmitting insulating layer. Hence, it would have been obvious to one having ordinary skill in the art before effective filing date of the claimed invention to combine the teachings of Toumiya, Horikoshi, and Lin to enable the known materials as taught by Lin in order to form the wiring region and plurality of light guides that reduce optical crosstalk in imaging devices, since it has been held to be within the general skill of a worker in the art to select a known material on the base of its suitability, for its intended use involves only ordinary skill in the art. In re Leshin, 125 USPQ 416.
Regarding Claim 13: Toumiya as modified teaches a method of manufacturing an image sensor as set forth in claim 12 as above. The combination of Toumiya, Horikoshi, and Lin further teaches wherein the liner (36) is in direct contact with the lower insulating layer or the interlayer insulating layer in the light guide (see Toumiya, Fig.1 as shown above and see Horikoshi, Fig.8 as shown above).
Regarding Claim 14: Toumiya as modified teaches a method of manufacturing an image sensor as set forth in claim 13 as above. The combination of Toumiya, Horikoshi, and Lin further teaches wherein the upper insulating layer (31), the passivation layer (33), and the liner (36) are sequentially stacked on or at the boundaries (see Toumiya, Fig.1 as shown above and see Horikoshi, Fig.8 as shown above).
Regarding Claim 18: Toumiya as modified teaches an image sensor as set forth in claim 1 as above. The combination of Toumiya, Horikoshi, and Lin further teaches wherein the upper insulating layer (14) comprises silicon dioxide, the passivation layer (15) comprises silicon nitride, and the liner (20) comprises silicon nitride (see Lin, Fig.7C, ¶ [0017], ¶ [0022], and ¶ [0025]).
Regarding Claim 20: Toumiya as modified teaches an image sensor as set forth in claim 1 as above. The combination of Toumiya, Horikoshi, and Lin further teaches wherein the thickness of the liner (36) is controllable and reproducible (see Toumiya, Fig.1 as shown above).
Regarding Claim 21: Toumiya as modified teaches an image sensor as set forth in claim 1 as above. The combination of Toumiya, Horikoshi, and Lin further teaches wherein the interlayer insulating layer has a planarized uppermost surface (see Toumiya, Fig.1 as shown above and see Horikoshi, Fig.8 as shown above).
Regarding Claim 22: Toumiya as modified teaches an image sensor as set forth in claim 8 as above. The combination of Toumiya, Horikoshi, and Lin further teaches wherein the upper insulating layer (14) comprises silicon dioxide, the passivation layer (15) comprises silicon nitride, and the liner (20) comprises silicon nitride (see Lin, Fig.7C, ¶ [0017], ¶ [0022], and ¶ [0025]).
Regarding Claim 24: Toumiya as modified teaches a method of manufacturing an image sensor as set forth in claim 12 as above. The combination of Toumiya, Horikoshi, and Lin further teaches wherein the upper insulating layer (14) comprises silicon dioxide, the passivation layer (15) comprises silicon nitride, and the liner (20) comprises silicon nitride (see Lin, Fig.7C, ¶ [0017], ¶ [0022], and ¶ [0025]).
Claim(s) 19 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Toumiya et al. (U.S. 2008/0135732 A1, hereinafter refer to Toumiya), Horikoshi et al. (U.S. 2010/0230578 A1, hereinafter refer to Horikoshi), and Lin et al, (U.S. 2009/0189055 A1, hereinafter refer to Lin) as applied to claims 18 and 22 above, and further in view of Hwang (U.S. 2009/0101950 A1, hereinafter refer to Hwang).
Regarding Claims 19 and 23: Toumiya as modified teaches an image sensor as applied to claims 1 and 8 above. The combination of Toumiya, Horikoshi, and Lin further teaches wherein the upper insulating layer (14) comprises silicon dioxide, the passivation layer (15) comprises silicon nitride, and the liner (20) comprises silicon nitride (see Lin, Fig.7C, ¶ [0017], ¶ [0022], and ¶ [0025]); however, the combination of Toumiya, Horikoshi, and Lin is silent upon explicitly disclosing wherein the passivation layer is formed by plasma-enhanced chemical vapor deposition (PECVD) and annealing to harden the passivation layer, and the liner has a higher refractive index than the passivation layer (as claimed in claim 19);
wherein the passivation layer is formed by plasma-enhanced chemical vapor deposition (PECVD) and annealing to harden the passivation layer, and the liner has a higher refractive index than the passivation layer (as claimed in claim 23).
Before effective filing date of the claimed invention the disclosed processing conditions were known for depositing a silicon nitride passivation layer.
For support see Hwang, which teaches wherein a silicon nitride passivation layer (30) formed by plasma-enhanced chemical vapor deposition (PECVD) and annealing to harden the passivation layer (see Hwang, ¶ [0020]).
Thus, it would have been within the scope of one of ordinary skill in the art at the time of the invention to combine the teachings of Toumiya, Horikoshi, Lin, and Hwang to enable the known processing conditions for forming the combination of Toumiya, Horikoshi, and Lin silicon nitride passivation layer according to the teachings of Hwang because one of ordinary skill in the art at the time of the invention would have been motivated to look to alternative suitable methods of performing the disclosed silicon nitride passivation layer and art recognized suitability for an intended purpose has been recognized to be motivation to combine. MPEP § 2144.07.
Hence, practicing the combination of Toumiya, Horikoshi, Lin, and Hwang to form the combination of Toumiya, Horikoshi, and Lin silicon nitride passivation layer according to the teachings of Hwang necessarily results the claimed limitation of “the liner has a higher refractive index than the passivation layer” as now specified in claims 19 and 23.
Note: patentability of a product does not depend on its method of production.
Claim(s) 25 is rejected under 35 U.S.C. 103 as being unpatentable over Toumiya et al. (U.S. 2008/0135732 A1, hereinafter refer to Toumiya), Horikoshi et al. (U.S. 2010/0230578 A1, hereinafter refer to Horikoshi), and Lin et al, (U.S. 2009/0189055 A1, hereinafter refer to Lin) as applied to claim 24 above, and further in view of Hwang (U.S. 2009/0101950 A1, hereinafter refer to Hwang).
Regarding Claim 25: Toumiya as modified teaches a method of manufacturing an image sensor as applied to claim 24 above. The combination of Toumiya, Horikoshi, and Lin further teaches wherein the upper insulating layer (14) comprises silicon dioxide, the passivation layer (15) comprises silicon nitride, and the liner (20) comprises silicon nitride (see Lin, Fig.7C, ¶ [0017], ¶ [0022], and ¶ [0025]); however, the combination of Toumiya, Horikoshi, and Lin is silent upon explicitly disclosing wherein the passivation layer is formed by plasma-enhanced chemical vapor deposition (PECVD) and annealing to harden the passivation layer, and the liner has a higher refractive index than the passivation layer.
Before effective filing date of the claimed invention the disclosed processing conditions were known for depositing a silicon nitride passivation layer.
For support see Hwang, which teaches wherein a silicon nitride passivation layer (30) formed by plasma-enhanced chemical vapor deposition (PECVD) and annealing to harden the passivation layer (see Hwang, ¶ [0020]).
Thus, it would have been within the scope of one of ordinary skill in the art at the time of the invention to combine the teachings of Toumiya, Horikoshi, Lin, and Hwang to enable the known processing conditions for forming the combination of Toumiya, Horikoshi, and Lin silicon nitride passivation layer according to the teachings of Hwang because one of ordinary skill in the art at the time of the invention would have been motivated to look to alternative suitable methods of performing the disclosed silicon nitride passivation layer and art recognized suitability for an intended purpose has been recognized to be motivation to combine. MPEP § 2144.07.
Hence, practicing the combination of Toumiya, Horikoshi, Lin, and Hwang to form the combination of Toumiya, Horikoshi, and Lin silicon nitride passivation layer according to the teachings of Hwang necessarily results the claimed limitation of “the liner has a higher refractive index than the passivation layer” as now specified in claim 25.
Conclusion
THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
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/BITEW A DINKE/Primary Examiner, Art Unit 2812