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 without traverse of species XV, claims 1-5, 7 and 10-23, in the reply filed on January 12, 2026 is acknowledged.
Claims 1-5, 7, 10 and 21-23 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species. There is no support in the elected embodiment of Figs. 8, 15 and 16B for the claim limitations of "a device layer overlying and recessed into a substrate", as recited in claim 1, and this feature is found on unelected embodiments of Figs. 10A, 10C, 14A and 14C.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 8/8/23, 8/25/23, 11/1/23, 4/25/24 and 3/17/25 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Objections
Claim 15 is objected to because of the following informalities: inconsistent terminology. “The segments” should read “the pair of segments” (claim 15, line 3). Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 12 and 16-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. There is no support in the original specification (in the prior-filed application #16/988,955, filed on August 10, 2020) for the claim limitations of "a width of the interlayer cap is a same as a thickness of the interlayer", as recited in claim 12 and “an intrinsic silicon layer cupping an underside of the germanium device layer …”, as recited in claim 16.
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.
Claims 13, 15 and 19 are 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 claimed limitations of "a top surface of the substrate" “the top surface of the substrate”, as recited in claim 13, is unclear as to whether said limitation is the same as or different from "a top of a substrate", as recited in claim 11.
The claimed limitation of "the segments have individual top surfaces", as recited in claim 15, is unclear as to whether said limitation is in one-to-one or one-to-multiple relationship between the segment and the individual top surface applicant refers.
The claimed limitations of "a top surface of the silicon substrate" “the top surface of the silicon substrate”, as recited in claim 19, is unclear as to whether said limitation is the same as or different from "a top of a silicon substrate", as recited in claim 16.
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)(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(s) 11, 12 and 14, as best understood, is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Liu et al. (2021/0098524).
The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
As for claim 11, Liu et al. show in Figs. 2, 5 and related text an image sensor 500, comprising:
a device layer 102 recessed into a top of a substrate 104;
a photodetector 108 in the device layer;
an interlayer 112 extending along a sidewall of the device layer and a bottom surface of the device layer, wherein the interlayer separates the device layer from the substrate; and
an interlayer cap 502 localized on and directly contacting a top surface of the interlayer, wherein the interlayer cap is dielectric ([0045]);
wherein the substrate and the interlayer are a first semiconductor type, wherein the device layer is a second semiconductor type different than the first semiconductor type, and wherein the interlayer is undoped ([0025]).
As for claim 12, Liu et al. show a width (arbitrarily chosen) of the interlayer cap is a same as a thickness (arbitrarily chosen) of the interlayer.
As for claim 14, Liu et al. show a device cap layer 122 overlying and directly contacting the device layer, wherein the device cap layer is the first semiconductor type ([0033]).
Allowable Subject Matter
Claims 13 and 15-20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record does not teach or suggest, singularly or in combination, at least the limitations of “the interlayer cap has a bottom surface recessed relative to the top (surface) of the substrate and further has a top surface elevated relative to the top (surface) of the substrate”, as recited in claim 13; “the interlayer cap comprises a pair of segments between which the device cap layer is arranged, and wherein the pair of segments each have an individual top surface recessed relative to a top surface of the device cap layer”, as recited in claim 15; and “the silicon oxide cap has a ring-shaped top geometry”, as recited in claim 16.
Claims 13 and 15 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 16-20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
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/MEIYA LI/Primary Examiner, Art Unit 2811