Prosecution Insights
Last updated: May 29, 2026
Application No. 18/387,933

IMAGE SENSOR AND METHOD OF MANUFACTURING THE SAME

Non-Final OA §102
Filed
Nov 08, 2023
Priority
Jan 30, 2023 — RE 10-2023-0011666
Examiner
SMITH, BRADLEY
Art Unit
2817
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Samsung Electronics Co., Ltd.
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
76%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
702 granted / 882 resolved
+11.6% vs TC avg
Minimal -3% lift
Without
With
+-3.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
19 currently pending
Career history
915
Total Applications
across all art units

Statute-Specific Performance

§101
1.1%
-38.9% vs TC avg
§103
69.0%
+29.0% vs TC avg
§102
7.0%
-33.0% vs TC avg
§112
14.6%
-25.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 882 resolved cases

Office Action

§102
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 . 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) 1, 4, 14 and 15 is/are rejected under 35 U.S.C. 102a2 as being anticipated by Kim et al. (US 2022/0165763). The applied reference has a common applicant 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. Regarding claim 1, Kim et al. disclose a substrate (140); a plurality of photodiodes (PX, 120)[0038, 0044, 0061] (fig. 4) disposed in the substrate; an element isolation film (150)[0065] disposed between the plurality of photodiodes; an anti-reflection layer (162, 164)[0073,0079] disposed on the plurality of photodiodes and the element isolation film; a plurality of color filters (170)[0076] disposed on the anti-reflection layer; a fence pattern (163) disposed between the plurality of color filters and in the anti-reflection layer; and micro lenses (180)[0083] disposed on the plurality of color filters, wherein the fence pattern includes a first layer(163a in TH1)(fig 6)[0075] and a second layer (163b)[0074] that is disposed on the first layer and that includes a material different from that of the first layer, the first layer is disposed in the anti-reflection layer(163a is surrounded by 162 and 164), and the second layer includes a first part (top part of 163b) and a second part (bottom part of 163b), wherein the first part is disposed in (between) the plurality of color filters (170) (fig. 5), and wherein the second part is disposed in the anti-reflection layer (164) (fig. 5). Regarding claim 4, Kim et al. disclose the fence pattern (163) includes a side surface that is inclined with respect to an upper surface of the substrate (fig 5). Regarding claim 14, Kim et al. disclose a substrate (140) (fig. 4) having a pixel group including a plurality of pixels (PX1, PX2); a plurality of photodiodes (120) disposed in the substrate [0061] and respectively corresponding to the plurality of pixels; an element isolation film (150) (fig. 4) disposed between the plurality of photodiodes; an anti-reflection layer (162, 164) disposed on the plurality of photodiodes and the element isolation film; a plurality of color filters (170) disposed on the anti-reflection layer; a fence pattern (163) disposed between the plurality of color filters and in the anti-reflection layer; and micro lenses (180) (fig. 4) disposed on the plurality of color filters, wherein the fence pattern includes a first part (top portion of 163c) (figs 4 and 5), a second part (163b) (figs 4 and 5), and a third part (bottom portion of 163c) (figs 4 and 5), wherein the first part is disposed in (between) the color filter (170), wherein the second part is disposed in the anti-reflection layer (164), and wherein the third part is disposed in the anti-reflection layer (164) and is disposed between the first part and the second part, the second part is disposed between upper (top of 164) and lower surfaces (bottom of 162) of the anti-reflection layer, the first part (163c top portion) and the third part (163c bottom portion) include a same material as each other [0075], and the second part (163b)[0074] includes a material different from those of the first part and the third part. Regarding claim 15, Kim et al. disclose a lower surface of the second part (163b)is spaced apart from the element isolation film(150)(fig. 4). Allowable Subject Matter Claims 2-3, 5-13, 16-18 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. Claims 19-20 are allowable. The following is a statement of reasons for the indication of allowable subject matter as the prior art of record fails to teach or suggest: the first layer includes a first material that is a conductive material, and the second layer includes a second material having a refractive index that islower than those of the plurality of color filters and the anti-reflection layer (claims 2-3), a side surface of the fence pattern includes a curved surface (claim 5) the first layer of the fence pattern at least partially surrounds a lower surface and a portion of a side surface of the second part of the second layer (claim 6) the first layer has a first thickness, the first part of the second layer has a second thickness, the second part of the second layer has a third thickness, and the first thickness is less than the third thickness (claim 7-11) the plurality of color filters include a first color filter and a second color filter having different colors from each other, and the fence pattern is disposed on a boundary surface (ie touching/in direct contact with the color filter as shown in figures 3-6) between the first color filter and the second color filter (claims 12-13) a width of the fence pattern is smaller than a width of the element isolation film, and, a lower surface of the second part is disposed on an upper surface of the element isolation film (claim 16) a thickness of the second part is smaller than a thickness of the third part, and a sum of the thickness of the second part and the thickness of the third part is smaller than a thickness of the anti-reflection layer (claim 17) an upper surface of the third part is disposed at a substantially same level as the upper surface of the anti-reflection layer, and a lower surface of the third part is disposed at a substantially same level as an upper surface of the second part (claim 18) forming a plurality of photodiodes in a substrate; forming an element isolation film between the plurality of photodiodes; forming a first anti-reflection layer on the plurality of photodiodes and the element isolation film; forming a second anti-reflection layer on the first anti-reflection layer; forming a first trench by patterning the second anti-reflection layer; forming a first layer of a fence pattern by providing a conductive material in the first trench; forming a third anti-reflection layer on the second anti-reflection layer; forming a second trench exposing the first layer by patterning the third anti-reflection layer; and forming a second layer of the fence pattern in the second trench, wherein the second layer protrudes beyond an upper surface of the third anti-reflection layer, and wherein the second layer of the fence pattern includes a material different from those of the first layer and the third anti-reflection layer (claims 19-20). Conclusion Kim et al. (US 12,396,281) disclose an image sensor with reduced crosstalk and discloses a fence pattern inside the antireflective layer but fails to explicitly disclose the fence pattern includes a first layer and a second layer that is disposed on the first layer and that includes a material different from that of the first layer, the first layer is disposed in the anti-reflection layer, and the second layer includes a first part and a second part, wherein the first part is disposed in the plurality of color filters, and wherein the second part is disposed in the anti-reflection layer or the fence pattern includes a first part, a second part, and a third part, wherein the first part is disposed in the color filter, wherein the second part is disposed in the anti-reflection layer, and wherein the third part is disposed in the anti-reflection layer and is disposed between the first part and the second part, the second part is disposed between upper and lower surfaces of the anti-reflection layer, the first part and the third part include a same material as each other, and the second part includes a material different from those of the first part and the third part. Chien et al. (US 10,276,620) disclose an image sensor with color filters and microlenses an antireflective layer and grid layer but fails to fails to explicitly disclose the fence pattern includes a first layer and a second layer that is disposed on the first layer and that includes a material different from that of the first layer, the first layer is disposed in the anti-reflection layer, and the second layer includes a first part and a second part, wherein the first part is disposed in the plurality of color filters, and wherein the second part is disposed in the anti-reflection layer or the fence pattern includes a first part, a second part, and a third part, wherein the first part is disposed in the color filter, wherein the second part is disposed in the anti-reflection layer, and wherein the third part is disposed in the anti-reflection layer and is disposed between the first part and the second part, the second part is disposed between upper and lower surfaces of the anti-reflection layer, the first part and the third part include a same material as each other, and the second part includes a material different from those of the first part and the third part. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADLEY K SMITH whose telephone number is (571)272-1884. The examiner can normally be reached Monday-Friday, 10am-6pm. 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, Marlon Fletcher can be reached at 571-272-2063. 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. /BRADLEY SMITH/Primary Examiner, Art Unit 2817
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Prosecution Timeline

Nov 08, 2023
Application Filed
Apr 01, 2026
Non-Final Rejection mailed — §102 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
80%
Grant Probability
76%
With Interview (-3.2%)
2y 5m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 882 resolved cases by this examiner. Grant probability derived from career allowance rate.

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