Prosecution Insights
Last updated: April 19, 2026
Application No. 18/381,800

IMAGE SENSOR AND METHOD OF FABRICATING THE SAME

Non-Final OA §102§103
Filed
Oct 19, 2023
Examiner
DINKE, BITEW A
Art Unit
2812
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Samsung Electronics Co., Ltd.
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
2y 5m
To Grant
84%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allow Rate
541 granted / 748 resolved
+4.3% vs TC avg
Moderate +12% lift
Without
With
+12.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
52 currently pending
Career history
800
Total Applications
across all art units

Statute-Specific Performance

§101
1.3%
-38.7% vs TC avg
§103
65.0%
+25.0% vs TC avg
§102
7.9%
-32.1% vs TC avg
§112
12.1%
-27.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 748 resolved cases

Office Action

§102 §103
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 . Allowable Subject Matter Claims 2, 3, and 7 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. The primary reason for the allowance of the claims is the inclusion of the limitation, along with the other claimed features, “wherein the metal pattern and the metal oxide pattern comprise a same metallic material, and wherein the metallic material comprises at least one selected from Ti, Ta, W, Al, Cu, and In”, as recited in claim 2. The primary reason for the allowance of the claims is the inclusion of the limitation, along with the other claimed features, “wherein the metal oxide pattern further comprises nitrogen (N)”, as recited in claim 3. The primary reason for the allowance of the claims is the inclusion of the limitation, along with the other claimed features, “wherein the metal oxide pattern comprises at least one selected from TiOx, TiON, and ITO”, as recited in claim 7. 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. Claim(s) 1, 4, 6, and 11-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen et al. (U.S. 2022/0293651 A1, hereinafter refer to Chen). Regarding Claim 1: Chen discloses an image sensor (see Chen, Fig.3 as shown below and ¶ [0035]) comprising: PNG media_image1.png 552 856 media_image1.png Greyscale a semiconductor substrate (304) comprising pixel regions (302) (see Chen, Fig.3 as shown above); and a fence structure (324/326/328/330) that defines openings corresponding to the pixel regions (302) (see Chen, Fig.3 as shown above), wherein the fence structure (324/326/328/330) comprises: a metal pattern (324/326) on the semiconductor substrate (304) (see Chen, Fig.3 as shown above and ¶ [0051]); a low-refractive pattern (330) on the metal pattern (324/326) (see Chen, Fig.3 as shown above and ¶ [0052]); and a metal oxide pattern (328/ hafnium oxide (e.g., hafnium dioxide (HfO.sub.2)) between the metal pattern (324/326) and the low-refractive pattern (330) (see Chen, Fig.3 as shown above and ¶ [0052]). Regarding Claim 4: Chen discloses an image sensor as set forth in claim 1 as above. Chen further teaches wherein a thickness of the metal oxide pattern (328/ hafnium oxide (e.g., hafnium dioxide (HfO.sub.2)) is less than a thickness of the metal pattern (324/326) (see Chen, Fig.3 as shown above and ¶ [0051]- ¶ [0052]). Regarding Claim 6: Chen discloses an image sensor as set forth in claim 1 as above. Chen further teaches wherein the metal pattern comprises at least one selected from TiN, TaN, Ti, Ta, Al, W, Cu, and ITO (see Chen, Fig.3 as shown above and ¶ [0051]). Regarding Claim 11: Chen discloses an image sensor as set forth in claim 1 as above. Chen further teaches wherein a photoelectric conversion region (306) provided in the semiconductor substrate (304) on each of the pixel regions (302) (see Chen, Fig.3 as shown above); and a pixel isolation structure (308) in the semiconductor substrate (304) and defining each of the pixel regions (302) (see Chen, Fig.3 as shown above), wherein the fence structure (324/326/328/330) overlaps the pixel isolation structure (308) (see Chen, Fig.3 as shown above). Regarding Claim 12: Chen discloses an image sensor (see Chen, Fig.3 as shown above and ¶ [0035]) comprising: a semiconductor substrate (304) comprising pixel regions (302) (see Chen, Fig.3 as shown above); and a fence structure (324/326/328/330) that defines openings that correspond to the pixel regions (302) (see Chen, Fig.3 as shown above), wherein the fence structure (324/326/328/330) comprises: a barrier pattern (328/326) on the semiconductor substrate (304) (see Chen, Fig.3 as shown above); and a low-refractive pattern (330) on the barrier pattern (328/326) (see Chen, Fig.3 as shown above), wherein the barrier pattern (328/326) comprises metal and oxygen (328/ hafnium oxide (e.g., hafnium dioxide (HfO.sub.2)) (see Chen, Fig.3 as shown above and ¶ [0052]), wherein the barrier pattern (328/326) comprises: a lower portion adjacent to the semiconductor substrate (304) (see Chen, Fig.3 as shown above); and an upper portion adjacent to the low-refractive pattern (330) (see Chen, Fig.3 as shown above), and wherein an oxygen concentration of the upper portion of the barrier pattern (328) is greater than an oxygen concentration of the lower portion of the barrier pattern (326) (note: lower portion of the barrier pattern is indirect contact with metal layer and the upper portion of the barrier layer is in direct contact with silicon oxynitride (SiON) layer. Hence, ordinary skill in the art recognize that the upper portion of the barrier pattern to have greater than an oxygen concentration of the lower portion of the barrier pattern) (see Chen, Fig.3 as shown above and ¶ [0052]). Note: the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical materials, since a prima facie case of either anticipation has been established for the oxygen concentration of the barrier pattern at the lower and upper surface. Note: the discovery of a previously unappreciated property of a prior art composition, or of a scientific explanation for the prior art’s property, does not render the old composition patentably new to the discoverer. Regarding Claim 13: Chen discloses an image sensor as set forth in claim 12 as above. Chen further teaches wherein a transmittance in the upper portion of the barrier pattern (328) is greater than a transmittance in the lower portion of the barrier pattern (326) (see Chen, Fig.3 as shown above and ¶ [0052]). Note: the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical materials, since a prima facie case of either anticipation has been established for the oxygen concentration of the barrier pattern at the lower and upper surface. Note: the discovery of a previously unappreciated property of a prior art composition, or of a scientific explanation for the prior art’s property, does not render the old composition patentably new to the discoverer. Regarding Claim 14: Chen discloses an image sensor as set forth in claim 12 as above. Chen further teaches wherein the lower portion of the barrier pattern (326) is oxygen free (see Chen, Fig.3 as shown above and ¶ [0051]- ¶ [0052]). Regarding Claim 15: Chen discloses an image sensor as set forth in claim 12 as above. Chen further teaches wherein the barrier pattern (324/326/328) further comprises nitrogen (N) (titanium nitride (TiN)) (see Chen, Fig.3 as shown above and ¶ [0051]). Regarding Claim 16: Chen discloses an image sensor as set forth in claim 12 as above. Chen further teaches wherein the metal (326) in the barrier pattern (326/328) comprises at least one selected from Ti, Ta, W, Al, Cu, and In (see Chen, Fig.3 as shown above and ¶ [0051]- ¶ [0052]). 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 5, 8, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (U.S. 2022/0293651 A1, hereinafter refer to Chen). Regarding Claims 5, 8, and 9: Chen discloses an image sensor as applied to claim 1 above. Chen further teaches wherein a sum of a thickness of the metal pattern and a thickness of the metal oxide pattern (328/ hafnium oxide (e.g., hafnium dioxide (HfO.sub.2)) is in a range from about 40 Å to about 100 Å (approximately 600 angstroms) (see Chen, Fig.3 as shown above and ¶ [0051]- ¶ [0052]) (as claimed in claim 5); wherein the metal pattern (324/326) has a thickness from about 30 Å to about 60 Å (approximately 2000 angstroms) (see Chen, Fig.3 as shown above and ¶ [0051]- ¶ [0052]) (as claimed in claim 8); wherein the metal oxide pattern (328/ hafnium oxide (e.g., hafnium dioxide (HfO.sub.2)) has a thickness from about 30 Å to about 60 Å (approximately 600 angstroms) (see Chen, Fig.3 as shown above and ¶ [0051]- ¶ [0052]) (as claimed in claim 9). Chen teaches a larger thickness of metal oxide pattern and metal pattern 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 metal oxide pattern and metal pattern through routine experimentation and optimization to obtain optimal or desired thickness and device performance because the thickness of metal oxide pattern and metal pattern 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 Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (U.S. 2022/0293651 A1, hereinafter refer to Chen) as applied to claims 1, 12, and 18 above, and further in view of Lim et al. (U.S. 2020/0119072 A1, hereinafter refer to Lim). Regarding Claim 10: Chen discloses an image sensor as applied to claim 1 above. Chen further teaches wherein color filters (332) provided in corresponding openings of the fence structure (324/326/328/330) (see Chen, Fig.3 as shown above); and a protection layer (334) that covers sidewalls of the fence structure (324/326/328/330) (see Chen, Fig.3 as shown above). Lim is silent upon explicitly disclosing wherein a protection layer that covers sidewalls of the fence structure and covers bottom surfaces of the color filters. Before effective filing date of the claimed invention the disclosed protection layer were known to cover sidewalls of the fence structure and covers bottom surfaces of the color filters in order to reduce or prevent dispersion degradation of the color filter. For support see Lim, which teaches wherein a protection layer (50) that covers sidewalls of the fence structure (41/42) and covers bottom surfaces of the color filters (CF) (see Lim, Fig.2 as shown below and ¶ [0029]). PNG media_image2.png 342 664 media_image2.png Greyscale 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 Chen and Lim to enable the Chen’s protection layer to cover sidewalls of the fence structure and covers bottom surfaces of the color filters as taught by Lim in order to reduce or prevent dispersion degradation of the color filter. Claim(s) 17 is rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (U.S. 2022/0293651 A1, hereinafter refer to Chen). Regarding Claim 17: Chen discloses an image sensor as applied to claim 12 above. Chen further teaches wherein the barrier pattern (324/326/328) has a thickness from about 40 Å to about 100 Å (approximately 2600 angstroms) (see Chen, Fig.3 as shown above and ¶ [0051]- ¶ [0052]). Chen teaches a larger thickness of barrier pattern 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 barrier pattern through routine experimentation and optimization to obtain optimal or desired thickness and device performance because the thickness of barrier pattern 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 Claim(s) 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (U.S. 2022/0293651 A1, hereinafter refer to Chen) in view of Lim et al. (U.S. 2020/0119072 A1, hereinafter refer to Lim). Regarding Claim 18: Chen discloses an image sensor (see Chen, Fig.3 as shown above and ¶ [0035]) comprising: a semiconductor substrate (304) comprising: a first surface; a second surface opposite to the first surface (see Chen, Fig.3 as shown above); a light-receiving area (see Chen, Fig.3 as shown above); and a pixel isolation structure (308) in the semiconductor substrate (304) on the light-receiving area, the pixel isolation structure (308) defining a plurality of pixel regions (302) (see Chen, Fig.3 as shown above); a plurality of photoelectric conversion regions (306) in the semiconductor substrate (304) of the pixel regions (302) on the light-receiving area (see Chen, Fig.3 as shown above); a plurality of microlenses (336) on the second surface of the semiconductor substrate (304), each of the plurality of microlenses (336) being provided on a corresponding one of the plurality of pixel regions (302) (see Chen, Fig.3 as shown above); a plurality of color filters (332) between the microlenses (336) and the second surface of the semiconductor substrate (304), each of the plurality of color filters (332) being provided on a corresponding one of the plurality of pixel regions (302) (see Chen, Fig.3 as shown above); an antireflection layer (312/316/318/320) between the plurality of color filters (336) and the second surface of the semiconductor substrate (304) (see Chen, Fig.3 as shown above); and a fence structure (324/326/328/330) on the antireflection layer (312/316/318/320) and between neighboring ones of the plurality of color filters (332) (see Chen, Fig.3 as shown above and ¶ [0051]- ¶ [0052]), wherein the fence structure (324/326/328/330) comprises: a barrier pattern (324/326) on the antireflection layer (312/316/318/320) (see Chen, Fig.3 as shown above); and a low-refractive pattern (330) on the barrier pattern (324/326), and wherein the barrier pattern (324/326) comprises: a metal pattern (324/326) on the antireflection layer (312/316/318/320) (see Chen, Fig.3 as shown above and ¶ [0051]- ¶ [0052]); and a metal oxide pattern (328/ hafnium oxide (e.g., hafnium dioxide (HfO.sub.2)) between the metal pattern and the low-refractive pattern (330) (see Chen, Fig.3 as shown above and ¶ [0051]- ¶ [0052]). Chen is silent upon explicitly disclosing wherein a semiconductor substrate comprising: a light-shielding area; a pixel isolation structure in the semiconductor substrate on the light-shielding area; a plurality of photoelectric conversion regions in the semiconductor substrate of the pixel regions the light-shielding area. Before effective filing date of the claimed invention the disclosed semiconductor substrate were known to comprise: a light-receiving area and a light-shielding area, wherein a pixel isolation structure in the semiconductor substrate on the light-receiving area and the light-shielding area and a plurality of photoelectric conversion regions in the semiconductor substrate of the pixel regions on the light-receiving area and the light-shielding area in order to obtain an image sensor having improved sensitivity. For support see Lim, which teaches wherein a semiconductor substrate (10) (see Lim, Fig.2 as shown above and ¶ [0005]) comprising: a light-receiving area (PIX); and a light-shielding area (OB) (see Lim, Fig.2 as shown above and ¶ [0005]); a pixel isolation structure (13) in the semiconductor substrate (10) on the light-receiving area (PIX) and the light-shielding area (OB) (see Lim, Fig.2 as shown above and ¶ [0005]), a plurality of photoelectric conversion regions (PD) in the semiconductor substrate (10) of the pixel regions on the light-receiving area (PIX) and the light-shielding area (OB) (see Lim, Fig.2 as shown above and ¶ [0005]). 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 Chen and Lim to enable the Chen’s semiconductor substrate to comprise the light-receiving area and the light-shielding area, wherein the pixel isolation structure in the semiconductor substrate on the light-receiving area and the light-shielding area and the plurality of photoelectric conversion regions in the semiconductor substrate of the pixel regions on the light-receiving area and the light-shielding area as taught by Lim in order to obtain an image sensor having improved sensitivity. Regarding Claim 19: Chen as modified teaches an image sensor as set forth in claim 18 above. The combination of Chen and Lim further teaches wherein a light-shielding pattern on the antireflection layer on the light-shielding area, wherein the light-shielding pattern (47) overlaps the photoelectric conversion region (pd) on the light-shielding area (OB) (see Lim, Fig.2 as shown above), and wherein the light-shielding pattern (47) and the barrier pattern (41/42) comprise a same material (see Lim, Fig.2 as shown above and ¶ [0054]). Regarding Claim 20: Chen as modified teaches an image sensor as set forth in claim 18 above. The combination of Chen and Lim further teaches wherein the barrier pattern (41a) and the light-shielding pattern (47a) comprise metal and oxygen (lanthanum oxide (LaO)) (see Lim, Fig.2 as shown above and ¶ [0054]), wherein the barrier pattern (324/326/328) (see Chen, Fig.3 as shown above and ¶ [0051]- ¶ [0052]) comprises: a lower portion adjacent to the semiconductor substrate (304) (see Chen, Fig.3 as shown above and ¶ [0051]- ¶ [0052]); and an upper portion adjacent to the low-refractive pattern (330), and wherein an oxygen concentration of the upper portion of the barrier pattern (328) is greater than an oxygen concentration of the lower portion of the barrier pattern (324/326) (see Chen, Fig.3 as shown above and ¶ [0051]- ¶ [0052]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to BITEW A DINKE whose telephone number is (571)272-0534. The examiner can normally be reached M-F 7 a.m. - 5 p.m.. 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, Davienne Monbleau can be reached at (571)272-1945. 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. /BITEW A DINKE/Primary Examiner, Art Unit 2812
Read full office action

Prosecution Timeline

Oct 19, 2023
Application Filed
Dec 18, 2025
Non-Final Rejection — §102, §103
Feb 27, 2026
Examiner Interview Summary
Feb 27, 2026
Applicant Interview (Telephonic)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12604598
SOLID-STATE IMAGING DEVICE AND ELECTRONIC APPARATUS
2y 5m to grant Granted Apr 14, 2026
Patent 12588484
BACKSIDE DIFFUSION BREAK
2y 5m to grant Granted Mar 24, 2026
Patent 12575303
ORGANIC LIGHT-EMITTING DISPLAY PANEL AND MANUFACTURING METHOD THEREFOR, AND DISPLAY DEVICE
2y 5m to grant Granted Mar 10, 2026
Patent 12563797
SEMICONDUCTOR DEVICE STRUCTURE AND METHOD FOR FORMING THE SAME
2y 5m to grant Granted Feb 24, 2026
Patent 12556275
Display Substrate, Display Apparatus, and Visible Light Communication System
2y 5m to grant Granted Feb 17, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
72%
Grant Probability
84%
With Interview (+12.0%)
2y 5m
Median Time to Grant
Low
PTA Risk
Based on 748 resolved cases by this examiner. Grant probability derived from career allow 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