Prosecution Insights
Last updated: April 19, 2026
Application No. 18/398,028

IMAGE SENSING DEVICE

Non-Final OA §103
Filed
Dec 27, 2023
Examiner
ASSOUMAN, HERVE-LOUIS Y
Art Unit
2812
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
SK Hynix Inc.
OA Round
1 (Non-Final)
91%
Grant Probability
Favorable
1-2
OA Rounds
2y 3m
To Grant
95%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allow Rate
590 granted / 648 resolved
+23.0% vs TC avg
Minimal +4% lift
Without
With
+4.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
42 currently pending
Career history
690
Total Applications
across all art units

Statute-Specific Performance

§101
2.6%
-37.4% vs TC avg
§103
54.3%
+14.3% vs TC avg
§102
21.2%
-18.8% vs TC avg
§112
9.2%
-30.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 648 resolved cases

Office Action

§103
Notice of 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 . DETAILED ACTION 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. Claims 1-3, 6, 9, 11-12 and 14-17 are rejected under 35 U.S.C. 103 as being unpatentable over Jin et al. (US 2018/0069046 A1) in view of Goma et al. (US 2017/0179177 A1). Regarding independent claim 1: Jin teaches (e.g., Figs. 1-3) an image sensing device comprising: a first substrate ([0050]: substrate including sensor 120) configured to include a first photoelectric conversion element structured ([0050], [0056]-[0058]: PD1) to respond to light to generate photocharges corresponding to an intensity of infrared light received by the first photoelectric conversion element ([0050], [0056]-[0058]: inherent function of a photoelectric conversion element), and a color photoelectric conversion element ([0056]-[0058]: PD2) structured to respond to visible light to generate photocharges corresponding to an intensity of visible light received by the color photoelectric conversion element ([0056]-[0058]: inherent function of a photoelectric conversion element PD2); and a second substrate ([0050]-[0051]: region including 110) stacked on the first substrate and configured to include a second infrared photoelectric conversion element ([0052]-[0053]: IR PD1/IR PD2) structured to respond to infrared light to generate photocharges corresponding to an intensity of infrared light that passes through the first photoelectric conversion element and is received by the second infrared photoelectric conversion element ([0052]-[0053]: second infrared photoelectric conversion element IR PD1/IR PD2). Jin does not expressly teach a first infrared photoelectric conversion element. Goma teaches (e.g. Fig. 3 and Figs. 4C-4F) an image sensing device comprising a first infrared photoelectric conversion element ([0063] and [0068]: 401b). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to include in the image sensing device of Jin, the first infrared photoelectric conversion element, as taught by Goma, for the benefits of increasing the range of sensitivity and broader wavelength spectrum of the image sensing device. Regarding claim 2: Jin and Goma teach the claim limitation of the image sensing device according to claim 1, on which this claim depends, Jin as modified by Goma teaches that the device further comprises an intermediate layer (Jin: [0061]) disposed between the first substrate (Jin: region in 120) and the second substrate (Jin: region in 110) and configured to transfer the infrared light having passed through the first infrared photoelectric conversion element to the second infrared photoelectric conversion element (Jin: [0052]-[0054]: IR PD1/IR PD2). Regarding claim 3: Jin and Goma teach the claim limitation of the image sensing device according to claim 1, on which this claim depends, Jin as modified by Goma teaches that the device further comprises a pixel output circuit (Jin: [0068] and [0078]: 217) for processing photocharges of the first and second infrared photoelectric conversion elements or photocharges of the color photoelectric conversion element is disposed in the second substrate (Jin: region including 110) overlapping the color photoelectric conversion element (Jin: PD2). Regarding claim 6: Jin and Goma teach the claim limitation of the image sensing device according to claim 1, on which this claim depends, Jin as modified by Goma teaches that the first infrared photoelectric conversion element has a same width as a width of the second infrared photoelectric conversion element (Jin: Fig. 3; PD1 and IR PD1 have the same width). Regarding claim 9: Jin and Goma teach the claim limitation of the image sensing device according to claim 1, on which this claim depends, Jin as modified by Goma does not expressly teaches, in a first embodiment, that the first infrared photoelectric conversion element has a smaller width than a width of the second infrared photoelectric conversion element. However, Jin teaches (e.g., Fig. 5B; a different embodiment) an image sensing device comprising a first photoelectric conversion element ([0076]: PD1) having a smaller width than a width of a second infrared photoelectric conversion element ([0074] and [0077]: IR PD). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to enable the disclosure of the image sensing device of Jin as modified by Goma and arrive at “the first infrared photoelectric conversion element has a smaller width than a width of the second infrared photoelectric conversion element” for the benefits of increasing the total flux incident to the infra-red photoelectric conversion element, and thus improve image quality. Regarding claim 11: Jin and Goma teach the claim limitation of the image sensing device according to claim 9, on which this claim depends, wherein the second infrared photoelectric conversion element (Jin: Fig. 5B; IR PD) includes: an upper region (Jin: Fig. 5B; elevated portion of IR PD) and a lower region (Jin: Fig. 5B; based portion of IR PD) disposed under the upper region, wherein the upper region has a smaller width than a width of the lower region (Jin: Fig. 5B; elevated portion of IR PD has a smaller width than a width of the based portion of IR PD). Regarding claim 12: Jin and Goma teach the claim limitation of the image sensing device according to claim 11, on which this claim depends, Jin as modified by Goma teaches that the lower region (Jin: Fig. 5B; based portion of IR PD) is configured to vertically overlap at least a portion of the color photoelectric conversion element (Jin: [0067]: PD2). Regarding claim 14: Jin and Goma teach the claim limitation of the image sensing device according to claim 9, on which this claim depends, Jin as modified by Goma further teaches that the device further comprising: at least one microlens (Jin: 150a) disposed over the first substrate (Jin: region 120) and configured to condense the infrared light or the visible light (Jin: PD1), wherein a focal point of the at least one microlens (Jin: [0007]-[0010] and [0030]-[0032]: the microlenses focus light) is located at the first infrared photoelectric conversion element (Jin: [0007]-[0010] and [0030]-[0032]: the microlenses focus light on the first infrared photoelectric; Goma: Fig. 3 and Fig. 4F; [0069]: 401b). Regarding independent claim 15: Jin teaches (e.g., Figs. 1-3) an image sensing device comprising: a pixel array ([0029]-[0063]) configured to include a first pixel ([0050], [0056]-[0058]: PD1) for generating photocharges corresponding to intensity of infrared light and a color pixel ([0056]-[0058]: PD2) for generating photocharges corresponding to intensity of visible light, wherein the first pixel includes photoelectric conversion elements ([0050], [0056]-[0058]: PD1) disposed in each of a first substrate ([0050]: substrate including sensor 120) and a second substrate ([0050]-[0053]: region 110 including IR PD1) that are stacked on each other, and the color pixel includes a photoelectric conversion element ([0056]-[0058]: PD2) disposed in the first substrate. Goma teaches (e.g. Fig. 3 and Figs. 4C-4F) an image sensing device comprising a first infrared photoelectric conversion element ([0063] and [0068]: 401b). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to include in the image sensing device of Jin, the first infrared photoelectric conversion element, as taught by Goma, for the benefits of increasing the range of sensitivity and broader wavelength spectrum of the image sensing device. Regarding claim 16: Jin and Goma teach the claim limitation of the image sensing device according to claim 15, on which this claim depends, Jin as modified by Goma teaches that the photoelectric conversion elements included in the infrared pixel include: a first infrared photoelectric conversion element (Goma: [0063] and [0068]: 401b) disposed over the first substrate; and a second infrared photoelectric conversion element (Jin: [0050]-[0053]: region 110 including IR PD1) disposed over the second substrate, wherein the photoelectric conversion element included in the color pixel is a color photoelectric conversion element (Jin: [0056]-[0058]: PD2) configured to generate photocharges in response to a reception of the visible light (inherent function of a photoelectric conversion element). Regarding claim 17: Jin and Goma teach the claim limitation of the image sensing device according to claim 16, on which this claim depends: Jin as modified by Goma teaches a pixel output circuit (Jin: [0068] and [0078]: 217) for processing photocharges of the first and second infrared photoelectric conversion elements or photocharges of the color photoelectric conversion element is disposed in the second substrate (Jin: region of 110) overlapping the color photoelectric conversion element (Goma: 401b). Claims 4-5 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Jin et al. (US 2018/0069046 A1) in view of Goma et al. (US 2017/0179177 A1) as applied above and further in view of Ryoki et al. (US 2014/0184808 A1). Regarding claim 4: Jin and Goma teach the claim limitation of the image sensing device according to claim 1, on which this claim depends, wherein the color photoelectric conversion element (Jin: [0034] and [0067]: PD2) includes: a red photoelectric conversion element (Jin: Fig. 3; [0034]: R) configured to generate photocharges corresponding to intensity of red light (Jin: Fig. 3; [0034]: R); a green photoelectric conversion element (Jin: Fig. 3; [0034]: G) configured to generate photocharges corresponding to intensity of green light (Jin: Fig. 3; [0034]: G); and a blue photoelectric conversion element (Jin: Fig. 3; [0034]: B) configured to generate photocharges corresponding to intensity of blue light (Jin: Fig. 3; [0034]: B), Jin as modified by Goma does not expressly teach that in the first substrate, the red photoelectric conversion element, the green photoelectric conversion element, the blue photoelectric conversion element, and the first infrared photoelectric conversion element are disposed in a matrix including two rows and two columns. Ryoki teaches (e.g., Figs. 1-7) an image sensing device comprising a first substrate ([0044], [0046] and [0049]: 9031), a red photoelectric conversion element ([0040] and [0048]: red pixel), a green photoelectric conversion element ([0040] and [0048]: green pixel), a blue photoelectric conversion element ([0040] and [0048]: blue pixel); Ryoki further teaches that first substrate ([0044], [0046] and [0049]: 9031), the red photoelectric conversion element, the green photoelectric conversion element, the blue photoelectric conversion element, and the first infrared photoelectric conversion element are disposed in a matrix including two rows and two columns (Fig. 5; [0040] and [0048]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to include in the image sensing device of Jin as modified by Goma, the image sensing device wherein, in the first substrate, the red photoelectric conversion element, the green photoelectric conversion element, the blue photoelectric conversion element, and the first infrared photoelectric conversion element are disposed in a matrix including two rows and two columns, as taught by Ryoki, so that signal processing can be performed on both the visible-light pixels and IR pixels, and thus correct and improve the imager functionality by improving the image signals. Regarding claim 5: Jin, Goma and Ryoki teach the claim limitation of the image sensing device according to claim 4, on which this claim depends, Jin as modified by Goma and Ryoki teaches that in the second substrate, a pixel output circuit (Jin: [0061], [0067]: 217 in the left side column) for processing photocharges accumulated in each of the red photoelectric conversion element, the green photoelectric conversion element, and the blue photoelectric conversion element is disposed below the red photoelectric conversion element (Jin: [0034] and [0046-[0047]); and in the second substrate (Jin: in region 110), a tap output circuit (Jin: [0036], [0067]-[0068]: TR2/TR3, Vout) for processing photocharges accumulated in each of the first infrared photoelectric conversion element and the second infrared photoelectric conversion element is disposed below the green photoelectric conversion element or the blue photoelectric conversion element (Jin: [0031], [0033], [0036] and [0067]-[0068]). Regarding claim 18: Jin and Goma teach the claim limitation of the image sensing device according to claim 16, on which this claim depends, Jin as modified by Goma teaches that the color photoelectric conversion element includes: a red photoelectric conversion element (Jin: Fig. 3; [0034]: R) configured to generate photocharges corresponding to intensity of red light; a green photoelectric conversion element (Jin: Fig. 3; [0034]: G) configured to generate photocharges corresponding to intensity of green light; and a blue photoelectric conversion element (Jin: Fig. 3; [0034]: B) configured to generate photocharges corresponding to intensity of blue light, Jin as modified by Goma does not expressly teach that, in the first substrate, the red photoelectric conversion element, the green photoelectric conversion element, the blue photoelectric conversion element, and the first infrared photoelectric conversion element are disposed in a matrix including two rows and two columns. Ryoki teaches (e.g., Figs. 1-7) an image sensing device comprising a first substrate ([0044], [0046] and [0049]: 9031), a red photoelectric conversion element ([0040] and [0048]: red pixel), a green photoelectric conversion element ([0040] and [0048]: green pixel), a blue photoelectric conversion element ([0040] and [0048]: blue pixel); Ryoki further teaches that first substrate ([0044], [0046] and [0049]: 9031), the red photoelectric conversion element, the green photoelectric conversion element, the blue photoelectric conversion element, and the first infrared photoelectric conversion element are disposed in a matrix including two rows and two columns (Fig. 5; [0040] and [0048]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to include in the image sensing device of Jin as modified by Goma, the image sensing device wherein, in the first substrate, the red photoelectric conversion element, the green photoelectric conversion element, the blue photoelectric conversion element, and the first infrared photoelectric conversion element are disposed in a matrix including two rows and two columns, as taught by Ryoki, so that signal processing can be performed on both the visible-light pixels and IR pixels, and thus correct and improve the imager functionality by improving the image signals. Regarding claim 19: Jin, Goma and Ryoki teach the claim limitation of the image sensing device according to claim 18, on which this claim depends, Jin as modified by Goma and Ryoki teaches that in the second substrate, a pixel output circuit (Jin: [0061], [0067]: 217 in the left side column) for processing photocharges accumulated in each of the red photoelectric conversion element, the green photoelectric conversion element, and the blue photoelectric conversion element is disposed below the red photoelectric conversion element (Jin: [0034] and [0046-[0047]); and in the second substrate (Jin: in region 110), a tap output circuit (Jin: [0036], [0067]-[0068]: TR2/TR3, Vout) for processing photocharges accumulated in each of the first infrared photoelectric conversion element and the second infrared photoelectric conversion element is disposed below the green photoelectric conversion element or the blue photoelectric conversion element (Jin: [0031], [0033], [0036] and [0067]-[0068]). Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Jin et al. (US 2018/0069046 A1) in view of Goma et al. (US 2017/0179177 A1) as applied above and further in view of Lee (US 2021/0306580 A1). Regarding claim 7: Jin and Goma teach the claim limitation of the image sensing device according to claim 1, on which this claim depends, Jin as modified by Goma teaches does not expressly teach that the first infrared photoelectric conversion element has a larger width than a width of the second infrared photoelectric conversion element. Lee teaches (e.g., Fig. 4) an image sensing device comprising a larger infrared photoelectric conversion element width ([0049]-[0051]: infrared photoelectric conversion element is more than twice the width of other photoelectric conversion elements). It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date to include in the image sensing device of Jin as modified by Goma, the image sensing device wherein the first infrared photoelectric conversion element has a larger width than a width of other infrared photoelectric conversion element, as taught by Lee, for the benefits of increasing the influx of oncoming infrared radiations and improve image quality. Therefore, 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 sensing device Jin as modified by Goma and Lee and arrive at “the first infrared photoelectric conversion element has a larger width than a width of the second infrared photoelectric conversion element” for the benefits outlined above. Claims 8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Jin et al. (US 2018/0069046 A1) in view of Goma et al. (US 2017/0179177 A1) and Lee (US2021/0306580A1) as applied above and further in view of Jhy-Jyi et al., hereinafter Jhy (US 2019/0165025 A1). Regarding claim 8: Jin and Goma and Lee teach the claim limitation of the image sensing device according to claim 7, on which this claim depends, further comprising: Jin as modified by Goma does not expressly teach a light reflection layer disposed below the first infrared photoelectric conversion element, and configured to reflect the infrared light passing through the first infrared photoelectric conversion element toward the first infrared photoelectric conversion element. Jhy teaches (e.g., Fig. 1) an image sensing device comprising a light reflection layer ([0024]: 136a) disposed below a first photoelectric conversion element ([0024]: 112), and configured to reflect the infrared light passing through the first photoelectric conversion element ([0024]) toward the first photoelectric conversion element (112). Therefore, 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 sensing device Jin as modified by Goma, the light reflection layer disposed below the first photoelectric conversion element, and configured to reflect the light passing through the first photoelectric conversion element toward the first photoelectric conversion element, as taught by Jhy, for the benefits of increasing the quantum efficiency of the infra-red IR and/or near infra-red wavelength s (Jhy: [0024]). Thus, Jin as modified by Goma and Jhy teaches that the light reflection layer disposed below the first infrared photoelectric conversion element, and configured to reflect the infrared light passing through the first infrared photoelectric conversion element toward the first infrared photoelectric conversion element, for the same benefits mentioned above. Regarding claim 10: Jin and Goma teach the claim limitation of the image sensing device according to claim 9, on which this claim depends, Jin as modified by Goma does not expressly teach that the second substrate has a larger thickness than a thickness of the first substrate; and the second infrared photoelectric conversion element has a larger thickness than a thickness of the first infrared photoelectric conversion element. Jhy teaches (e.g., Fig. 1) an image sensing device comprising a second substrate ([0015]: substrate including 120) having a larger thickness than a thickness of a first substrate ([0015]: substrate including 110); and a second infrared photoelectric conversion element ([0015]: 122) having a larger thickness than a thickness of a first infrared photoelectric conversion element ([0015]: 112; [0038]-[0039]: thinner substrate). Therefore, 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 sensing device of Jin as modified by Goma, with the second substrate having a larger thickness than a thickness of the first substrate; and the second infrared photoelectric conversion element having a larger thickness than a thickness of the first infrared photoelectric conversion element, as taught by Jhy, for the benefits of increasing the optical efficiency of the image sensing device Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Jin et al. (US 2018/0069046 A1) in view of Goma et al. (US 2017/0179177 A1) as applied above and further in view of Hatakeyama et al. (US 2017/0317132 A1). Regarding claim 13: Jin and Goma teach the claim limitation of the image sensing device according to claim 9, on which this claim depends. Jin as modified by Goma further teaches that the image sensing device further comprises at least one microlens (Jin: [0064]: 150a) disposed over the first substrate (Jin: region 120) and configured to condense the infrared light or the visible light (Jin: [0064]), Jin as modified by Goma does not expressly teaches that the at least one microlens disposed over the first infrared photoelectric conversion element has a higher height than a height of the at least one microlens disposed over the color photoelectric conversion element. Hatakeyama teaches (e.g., Fig. 7) an image sensing device comprising at least one microlens ([0224] and [0026]: 134/144) disposed over the first infrared photoelectric conversion element ([0224]-[0227]: infrared photoelectric conversion element 120) has a higher height than a height of the at least one microlens ([0196] and [0224]-[0227]: 134/144 in region in region 118) disposed over the color photoelectric conversion element ([0196] and [0224]: 118). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to include in the image sensing device of Jin as modified by Goma, the at least one microlens disposed over the first infrared photoelectric conversion element having a higher height than a height of the at least one microlens disposed over the color photoelectric conversion element, as taught by Hatakeyama, for the benefits, or the influence of color mixing generated between adjacent pixels, and thus improve the optical quality of the image sensing device. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to HERVE-LOUIS Y ASSOUMAN whose telephone number is (571)272-2606. The examiner can normally be reached M-F: 08:30 AM-5:30 PM. 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. /HERVE-LOUIS Y ASSOUMAN/ Examiner, Art Unit 2812
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Prosecution Timeline

Dec 27, 2023
Application Filed
Feb 21, 2026
Non-Final Rejection — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
91%
Grant Probability
95%
With Interview (+4.1%)
2y 3m
Median Time to Grant
Low
PTA Risk
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