Prosecution Insights
Last updated: May 29, 2026
Application No. 18/365,423

IMAGE SENSING DEVICE AND METHOD FOR MANUFACTURING THE SAME

Non-Final OA §102§103
Filed
Aug 04, 2023
Priority
Dec 02, 2022 — RE 10-2022-0166544
Examiner
BELOUSOV, ALEXANDER
Art Unit
2818
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
SK Hynix Inc.
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
1m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
388 granted / 510 resolved
+8.1% vs TC avg
Strong +16% interview lift
Without
With
+16.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
16 currently pending
Career history
537
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
89.8%
+49.8% vs TC avg
§102
8.2%
-31.8% vs TC avg
§112
1.3%
-38.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 510 resolved cases

Office Action

§102 §103
DETAILED ACTION Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention. Claims 1-7 & 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by (US-2021/0288090) by Li et al (“Li”). Regarding claim 1, Li discloses in FIGs. 1-3 and related text, e.g., an image sensing device (FIG. 1) comprising: a plurality of first color filters configured to transmit light corresponding to a first color; a plurality of second color filters configured to transmit light corresponding to a second color; a plurality of third color filters configured to transmit light corresponding to a third color; a plurality of fourth color filters configured to transmit light corresponding to a fourth color (Li teaches four different colors and four corresponding color filters: 115GS for green, 115RS for red, 115BS for blue, and par. 40 teaches that white can be present also, as an additional (fourth) color; thus meeting limitations); and a grid structure (121/12S/123/123S) disposed between the first to fourth color filters (see FIG. 1; individual 121S/123S are sitting between various colors) and structured to block light from one color filter to another color filter (at least in part, in case of 123S, and completely in case of 121S; it is made of metal, according to par. 41), wherein one or more color filters of the first to fourth color filters are formed to have a lower height than the grid structure (see FIG. 2, 115BS is lower than 123S; also, see par. 40; white can be both types of layers [Wingdings font/0xE0] lower or higher; thus white also meets the limitations, even though it is not shown in drawings; also see par. 47; all heights are interchangeable; they are not limited to specific color), and one or more remaining color filters other than the one or more color filters are formed to have a higher height than the grid structure (both 115GS and 115RS are shown to be higher than 123S). Regarding claim 2, Li discloses in FIGs. 1-3 and related text, e.g., wherein: each of the first color filters is formed to have a lower height than the grid structure (say, blue, in FIG. 2; 115BS), and each of the second to fourth color filters is formed to have a higher height than the grid structure (say, red/green/white; 115RS/115GS in FIGs. 2-3, and unmarked, but taught white, as was stated above, regarding claim 1; could also be blue, as par. 47 makes clear [Wingdings font/0xE0] all 4 color filters could read on limitations; at the very least such arrangement is obvious in light of Li’s explicit teachings, “in order to improve the quality of the signal received”, par. 48). Regarding claim 3, Li discloses in FIGs. 1-3 and related text, e.g., wherein: the second to fourth color filters are formed to have different heights (par. 48 makes clear that even though heights are shown to be equal, they can be different instead, in order to improve the quality of the signal received; par. 40 makes clear that white reads on both types of color filter layers; hence, white could also have its own unique height, per Li’s explicit teachings; at the very least such arrangement is obvious in light of Li’s explicit teachings, “in order to improve the quality of the signal received”, par. 48). Regarding claim 4, Li discloses in FIGs. 1-3 and related text, e.g., wherein: the first color filters are white color filters (white can be “first” or “second” color filter layer, as par. 40 makes clear; also, par. 47 makes clear that specific heights of each color are adjustable; hence, “white” can be part of “first color filter” [Wingdings font/0xE0] meaning, of lower height; at the very least such arrangement is obvious in light of Li’s explicit teachings, “in order to improve the quality of the signal received”, par. 48). Regarding claim 5, Li discloses in FIGs. 1-3 and related text, e.g., wherein: the second color filters are red color filters, the third color filters are green color filters, and the fourth color filters are blue color filters (red/green/blue are explicitly taught above; par. 48 makes clear that even though heights are shown to be equal, they can be different instead, in order to improve the quality of the signal received; at the very least such arrangement is obvious in light of Li’s explicit teachings, “in order to improve the quality of the signal received”, par. 48). Regarding claim 6, Li discloses in FIGs. 1-3 and related text, e.g., wherein the second to fourth color filters are alternately arranged with a gap between adjacent second to fourth color filters, wherein each of the first color filters is disposed at the gap between the adjacent second to fourth color filters (see FIG. 1; per Li’s explicit instructions in par. 40, replace one of the green regions with a white region; the resultant figure, reads on limitations; gaps are shown between all colors). Regarding claim 7, Li discloses in FIGs. 1-3 and related text, e.g., wherein the first to fourth color filters include: a first group configured to include the plurality of second color filters disposed adjacent to each other in a first diagonal direction and the plurality of first color filters disposed adjacent to each other in a second diagonal direction crossing the first diagonal direction; a second group and a third group, each of which includes the plurality of third color filters disposed adjacent to each other in the first diagonal direction and the plurality of first color filters disposed adjacent to each other in the second diagonal direction; and a fourth group configured to include the plurality of fourth color filters disposed adjacent to each other in the first diagonal direction and the plurality of first color filters disposed adjacent to each other in the second diagonal direction (see FIG. 1, modified as discussed regarding claim 6, so it now contains white instead of one of the greens; this is a repeating pattern for a pixel array of arbitrary size; now, the limitations above require the various groups to be “adjacent” and not “directly adjacent”; as one can see, a repeating pattern of FIG. 1, with white instead of one of the greens, would read on all the above limitations, since any/all groups are close to each other on a tiny chip, in a pixel array of arbitrary size). Regarding claim 9, Li discloses in FIGs. 1-3 and related text, e.g., further comprising: an over-coating layer (119) disposed over the first to fourth color filters, wherein first regions of the over-coating layer that overlap the first color filters are formed to be thicker than second regions of the over-coating layer that overlap the second to third color filters (see FIG. 2 and pars. 40, 47-48, as discussed above; no matter how one defines 1st through 4th color filters a thicker and thinner 119 will be present, thus meeting limitations). 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 8 is rejected under 35 U.S.C. 103 as being unpatentable over (US-2021/0288090) by Li et al (“Li”). Regarding claim 8, Li discloses in cited figures and related text, e.g., substantially the entire claim structure, as recited in above claims, except “wherein: the first to fourth groups are arranged in a Bayer pattern based on the second to fourth colors”. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the device of Li with “wherein: the first to fourth groups are arranged in a Bayer pattern based on the second to fourth colors”, in order to form a color filter arrangement in a notoriously well-known way (invented in 1976), in order to capture full-color images. Conclusion Additional references (if any) are cited on the PTO-892 as disclosing similar features to those of the instant invention. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alexander Belousov whose telephone number is (571)-272-3167. The examiner can normally be reached on 10 am-4 pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Jeff Natalini can be reached on 571-272-2266. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Alexander Belousov/Patent Examiner, Art Unit 2894 05/02/26 /Mounir S Amer/Primary Examiner, Art Unit 2818
Read full office action

Prosecution Timeline

Aug 04, 2023
Application Filed
May 06, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12635270
MANUFACTURING METHOD OF FILTER FOR SOLID-STATE IMAGING ELEMENT AND MANUFACTURING METHOD OF SOLID-STATE IMAGING ELEMENT
3y 12m to grant Granted May 19, 2026
Patent 12635268
PHOTO-DETECTING APPARATUS WITH LOW DARK CURRENT
3y 0m to grant Granted May 19, 2026
Patent 12628432
SEMICONDUCTOR DEVICE
3y 6m to grant Granted May 12, 2026
Patent 12628449
INTEGRATED PHOTOSENSITIVE MODULE, PHOTOSENSITIVE ASSEMBLY, CAMERA MODULE AND PREPARATION METHOD THEREFOR
3y 2m to grant Granted May 12, 2026
Patent 12622075
BACKSIDE-ILLUMINATED IMAGE SENSOR AND METHOD OF MANUFACTURING SAME
3y 4m to grant Granted May 05, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
76%
Grant Probability
92%
With Interview (+16.4%)
2y 11m (~1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 510 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month