Prosecution Insights
Last updated: April 18, 2026
Application No. 18/389,018

IMAGE SENSOR AND METHOD OF FABRICATING THE SAME

Non-Final OA §102§103
Filed
Nov 13, 2023
Examiner
YEMELYANOV, DMITRIY
Art Unit
2891
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Samsung Electronics Co., Ltd.
OA Round
1 (Non-Final)
73%
Grant Probability
Favorable
1-2
OA Rounds
2y 8m
To Grant
92%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allow Rate
393 granted / 538 resolved
+5.0% vs TC avg
Strong +19% interview lift
Without
With
+18.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
43 currently pending
Career history
581
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
52.4%
+12.4% vs TC avg
§102
23.2%
-16.8% vs TC avg
§112
22.4%
-17.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 538 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 . Election/Restrictions Applicant’s election without traverse of Invention I, Species IB (Fig. 4B, 4D, 5B; Claims 1-3, 5-13, 15 and 16)) in the reply filed on 03/16/2026 is acknowledged. Claims 4, 14, 17-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention II or Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 03/16/2026. 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, 2 and 5-8 is/are rejected under 35 U.S.C. 102(A1) as being anticipated by Kim et al. (US 2020/0227449 A1). (US 2021/0193706 A1) PNG media_image1.png 552 480 media_image1.png Greyscale Regarding Claim 1, Kim (Fig. 3, 6A) discloses an image sensor comprising: a substrate (100) having a first surface and a second surface, the first surface being opposite to the second surface (top and bottom); an antireflection layer (132) disposed on the second surface of the substrate; and a pixel isolation (150) part disposed in the substrate (100), the pixel isolation part (150) separating a plurality of pixels (PX) from each other, wherein the plurality of pixels (PX) comprises a first pixel, a second pixel, a third pixel and a fourth pixel, all of which are arranged along a clockwise direction, (See Fig. 3) wherein the pixel isolation part comprises: a first isolation part disposed between the first pixel and the third pixel (150 between 1st and 3rd pixels), and a second isolation part disposed between a first center of the first pixel and a second center of the second pixel (150 between first center of the 1st pixel and a second center of the 2nd pixel), wherein each of the first isolation part and the second isolation part comprises: a semiconductor pattern (“conductive pattern 153 may be formed of or include, for example, poly silicon doped with n- or p-type impurities) that penetrates the substrate (100) along a direction perpendicular to the first surface (vertical), a first isolation dielectric pattern (insulating pattern 155) disposed between the substrate (100) and the semiconductor pattern (153), and a capping pattern (151) in the semiconductor pattern (153), wherein the capping pattern (151) is in contact with the antireflection layer (132). Regarding Claim 2, Kim discloses the image sensor of claim 1, wherein the semiconductor pattern (153) comprises a first semiconductor pattern (P1, P2) and a second semiconductor pattern (P3), the first semiconductor pattern (P1, P2) is between the first isolation dielectric pattern (insulating pattern 155) and the second semiconductor pattern (P3), the capping pattern (151) is spaced apart from the first semiconductor pattern across the second semiconductor pattern (P3, See portions of 151 separated from portions of P!, P2 across P3, Fig. 5) , and a top surface of the capping pattern (151) is coplanar with the second surface of the substrate. (100) Regarding Claim 5, Kim discloses the image sensor of claim 1, wherein the capping pattern comprises at least one of silicon oxide including SiO.sub.2, metal including W, Al, or Cu, high-k dielectrics including Al.sub.2O.sub.3, HfO, or TiO.sub.2, polysilicon, or amorphous polysilicon. [0060] Regarding Claim 6, Kim discloses the image sensor of claim 1, wherein the first pixel and the second pixel are disposed side by side along a first direction, the first pixel and the third pixel are disposed in a second direction that intersects the first direction, the first isolation part has a first width in the second direction, the second isolation part has a second width in the first direction, and the second width is less than the first width. The Examiner notes that the limitation is considered to be as long as second width is less than the first width at any cross section of the device and /or at any point of first isolation part and second solation part (see isolation parts are varying in width (See Fig. 4). The Examiner recommends further specifying view in which the second width is less than the first width. (ex. plan or top view) Regarding Claim 7, Kim discloses the image sensor of claim 1, wherein the first isolation dielectric pattern is a single layer or a multiple layer. (insulating pattern 155) Regarding Claim 8, Kim discloses the image sensor of claim 1, wherein the pixel isolation part (150) further comprises a third isolation part between the first pixel and the second pixel. (150 between 1st pixel and 2nd pixel). 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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2020/0227449 A1). Regarding Claim 3, Kim discloses the image sensor of claim 2, wherein the capping pattern (151) conformally covers a first inner surface of the second semiconductor pattern (P3), the antireflection layer includes a horizontal part (132) and a vertical part, and the vertical part of the antireflection layer (extends into the substrate and covers a second inner surface of the capping pattern. Kim does not explicitly disclose the antireflection layer includes a vertical part, and the vertical part of the antireflection layer extends into the substrate and covers a second inner surface of the capping pattern. However, in a different embodiment Kim (Fig. 6) discloses an antireflection layer (132, 151b) includes a vertical part (151b), and the vertical part of the antireflection layer extends into the substrate (100) and covers a second inner surface of a capping pattern. (151a). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the image sensor in Kim such that the antireflection layer includes a vertical part, and the vertical part of the antireflection layer extends into the substrate and covers a second inner surface of the capping pattern in order to have gapfill pattern having different refractive indexes [0069] Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2020/0227449 A1) in view of Lee et al. (US 2017/0104020 A1) Regarding Claim 9, Kim discloses the image sensor of claim 1, wherein the capping pattern (151) extends from the second surface toward the first surface of the substrate (150). Kim does not explicitly disclose a width of the capping pattern decreases when viewed beginning at the second surface and moving toward the first surface of the substrate. Lee (Fig. 7) discloses a width of a capping pattern (101d) decreases when viewed beginning at a second surface and moving toward a first surface of the substrate. (See Fig. 7) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the image sensor in Kim in view of Lee such that a width of the capping pattern decreases when viewed beginning at the second surface and moving toward the first surface of the substrate. in order to have width of the device separation layer gradually decrease in a direction from the second surface toward the first surface of the semiconductor substrate [0086] Allowable Subject Matter Claims 10-13, 15 and 16 are allowable. The following is an examiner's statement of reasons for allowance: With regards to claim 10, none of the prior art teaches or suggests, alone or in combination, “the dielectric pattern includes a first dielectric pattern adjacent to the second surface and a buried dielectric pattern adjacent to the first surface; a first isolation dielectric pattern disposed between the substrate and the dielectric pattern; a first semiconductor pattern disposed between the first isolation dielectric pattern and the first dielectric pattern; and a capping pattern in the first dielectric pattern, wherein the capping pattern is between the antireflection layer and the first dielectric pattern.” in the combination required by the claim. Claims 11-13, 15 and 16 are allowed by virtue of their dependency on the independent claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DMITRIY YEMELYANOV whose telephone number is (571)270-7920. The examiner can normally be reached M-F 9a.m.-6p.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, Matthew Landau can be reached at (571) 272-1731. 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. /DMITRIY YEMELYANOV/Examiner, Art Unit 2891
Read full office action

Prosecution Timeline

Nov 13, 2023
Application Filed
Apr 04, 2026
Non-Final Rejection — §102, §103 (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
73%
Grant Probability
92%
With Interview (+18.7%)
2y 8m
Median Time to Grant
Low
PTA Risk
Based on 538 resolved cases by this examiner. Grant probability derived from career allow rate.

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