Prosecution Insights
Last updated: August 18, 2026
Application No. 18/436,267

IMAGE SENSOR

Non-Final OA §102§103
Filed
Feb 08, 2024
Priority
Jul 27, 2023 — RE 10-2023-0098526
Examiner
MCDONALD, JASON ANDREW
Art Unit
2898
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Samsung Electronics Co., Ltd.
OA Round
1 (Non-Final)
67%
Grant Probability
Favorable
1-2
OA Rounds
11m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allowance Rate
4 granted / 6 resolved
-1.3% vs TC avg
Strong +100% interview lift
Without
With
+100.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
47 currently pending
Career history
62
Total Applications
across all art units

Statute-Specific Performance

§103
60.3%
+20.3% vs TC avg
§102
22.8%
-17.2% vs TC avg
§112
16.5%
-23.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 6 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 Election/Restrictions Claims 6-10 and 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Invention II and Species B-M, there being no allowable generic or linking claim. Applicant timely traversed the restriction election requirement in the reply filed on 2 June 2026. Applicant's election with traverse of Invention I, Species A in the reply filed on 2 June 2026 is acknowledged. The traversal is on the grounds that search and examination could be completed without a serious burden to the examiner. This is not found persuasive because of the diverging characteristics of the various species and non-elected invention, requiring additional search and consideration beyond the elected invention and species. The requirement is still deemed proper and is therefore made FINAL. 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. Claims 1-5, 11-14, and 16-19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Soeda et al (WO 2024053299 A1, hereinafter “Soeda”). Regarding Claim 1 - Soeda discloses an image sensor, comprising: a plurality of pixels arranged in a matrix form (P [0023] and Fig. 3); photodiodes for respective pixels of the plurality of pixels (PD [0025] and Fig. 1), the photodiodes within a semiconductor substrate having a first surface to which light is incident (101S1 [0012] and Fig. 1) and a second surface facing away from the first surface (101S2 [0012] and Fig. 1); micro lenses over the first surface of the semiconductor substrate and configured to concentrate the light (203L [0011] and Fig. 1); color filters between the semiconductor substrate and the micro lenses (202 [0012] and Fig. 1); and an optical path changing member configured to change a path of at least a portion of the light when the light travels toward the photodiodes through the micro lenses (Combination of 301, 302, and 303 [0011] and Fig. 1), wherein the optical path changing member has a curved surface being concave or convex on the first surface of the semiconductor substrate (Fig. 1). PNG media_image1.png 697 569 media_image1.png Greyscale PNG media_image2.png 547 458 media_image2.png Greyscale Regarding Claim 2 - Soeda further discloses the image sensor of claim 1, wherein at least two pixels among the plurality of pixels share one micro lens among the micro lenses (25L [0011], [0044], and Figs. 5 and 6), and the optical path changing member, when viewed from above a plane, is at a center of the at least two pixels (301 centered as in Fig. 1). PNG media_image3.png 293 425 media_image3.png Greyscale PNG media_image4.png 407 452 media_image4.png Greyscale Regarding Claim 3 - Soeda further discloses the image sensor of claim 2, wherein the optical path changing member has the curved surface being concave or convex in a direction from the first surface of the semiconductor substrate toward the second surface of the semiconductor substrate (301 curved toward 101S2, as shown in Fig. 1). Regarding Claim 4 - Soeda further discloses the image sensor of claim 3, wherein the optical path changing member has a depression recessed in the direction from the first surface of the semiconductor substrate toward the second surface of the semiconductor substrate (Stack of 301-303 set into depression in 101, as shown in Fig. 1). Regarding Claim 5 - Soeda further discloses the image sensor of claim 4, wherein the depression includes an insulating material (e.g. lanthanum fluoride, aluminum oxide, magnesium oxide, etc. [0020]). Regarding Claim 11 - Soeda further discloses the image sensor of claim 2, further comprising: a pixel isolator within the semiconductor substrate and dividing the plurality of pixels from each other (103 [0012] and Fig. 1), wherein the optical path changing member overlaps the pixel isolator when viewed from above the plane ([0011] and Fig. 1). Regarding Claim 12 - Soeda further discloses the image sensor of claim 11, wherein when viewed from above the plane, a portion of the pixel isolator is removed, and the optical path changing member is in a region from which the portion of the pixel isolator is removed (Top portion of 103 removed in Fig. 1 and he stack of 301-303 fills that space.). Regarding Claim 13 - Soeda further discloses the image sensor of claim 2, wherein the plurality of pixels include a plurality of pixel groups, each of the plurality of pixel groups including first to fourth pixels arranged in a 2x2 matrix form ([0011] and Fig. 6). Regarding Claim 14 - Soeda further discloses the image sensor of claim 13, wherein the plurality of pixel groups include first to fourth pixel groups arranged in a 2x2 matrix, and the first to fourth pixel groups include a blue filter, a first green filter, a second green filter, and a red filter, respectively (Filter 24 can be red, green, or blue [0054], and one red, one blue, and two green pixel groups are shown in the array of Fig. 42 [0019]). PNG media_image5.png 399 471 media_image5.png Greyscale Regarding Claim 16 - Soeda further discloses the image sensor of claim 1, wherein the optical path changing member overlaps focuses of the micro lenses when viewed from above a plane ([0011] and Fig. 1). Regarding Claim 17 - Soeda further discloses the image sensor of claim 1, wherein materials on opposite sides of the curved surface with respect to the curved surface of the optical path changing member have different refractive indexes (101 has N0, and 301 has N1, and they are different [0019-0020]). Regarding Claim 18 - Soeda discloses an image sensor, comprising: a plurality of pixel groups (Pixels P arranged in units U [0011] and Figs. 5 and 6), each of which has one color among first to third colors ([0054]), wherein each of the plurality of pixel groups includes first to fourth pixels arranged in a 2x2 matrix form ([0011] and Fig. 6); photodiodes for the first to fourth pixels ([0025]), the photodiodes within a semiconductor substrate having a first surface to which light is incident (101S1 [0012] and Fig. 1) and a second surface facing away from the first surface (101S2 [0012] and Fig. 1); micro lenses over the first surface of the semiconductor substrate corresponding to the first to fourth pixels and configured to concentrate the light (203L [0011] and Fig. 1); a color filter between the semiconductor substrate and the micro lenses (202 [0012] and Fig. 1); and an optical path changing member configured to change a path of at least a portion of the light when the light travels toward the photodiodes through the micro lenses (Combination of 301-303 [0011] and Fig. 1), wherein the optical path changing member has a curved surface extending from the first surface of the semiconductor substrate (Fig. 1), the curved surface being concave or convex in a direction toward the second surface of the semiconductor substrate (301 curved toward 101S2, as shown in Fig. 1). Regarding Claim 19 - Soeda further discloses the image sensor of claim 18, wherein the optical path changing member overlaps focuses of the micro lenses when viewed from above a plane ([0011] and Figs. 1, 5, and 6), and materials on opposite sides of the curved surface with respect to the curved surface of the optical path changing member have different refractive indexes (101 has N0, and 301 has N1, and they are different [0019-0020]). 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 15 is rejected under 35 U.S.C. 103 as being unpatentable over Soeda et al (WO 2024053299 A1, hereinafter “Soeda”), in view of the following arguments. Regarding Claim 15 - Soeda further discloses the image sensor of claim 13, wherein the plurality of pixel groups include first to fourth pixel groups arranged in a 2x1 matrix ([0011] and Fig. 5). Soeda fails to clearly disclose the first to fourth pixel groups include a blue filter, a first green filter, a second green filter, and a red filter in pixel groups arranged in a 2x1 matrix. However, arranging the matrix of pixel groups to include a blue filter, a first green filter, a second green filter, and a red filter represents a simple duplication of parts. See MPEP 2144.04(VI)(B). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to consider positioning pixel groups in pairs such that a plurality of pixel groups include a matrix of a blue filter, a first green filter, a second green filter, and a red filter. ____________________________________________________________________________________ Second Rejection: 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 1-5 and 11-19 are rejected under 35 U.S.C. 103 as being unpatentable over Takahashi et al (JP 2013211413 A, hereinafter “Takahashi”), in view of Shiraishi et al (WO 2018221443 A1, hereinafter “Shiraishi”). Regarding Claim 1 - Takahashi discloses an image sensor, comprising: a plurality of pixels arranged in a matrix form ([0025] and Fig. 3); photodiodes for respective pixels of the plurality of pixels (61, 62 [0028] and Fig. 4), the photodiodes within a semiconductor substrate having a first surface to which light is incident and a second surface facing away from the first surface (60 with sides S1 and S2 [0028] and annotated Fig. 4); micro lenses over the first surface of the semiconductor substrate and configured to concentrate the light (50 [0028] and Fig. 4); color filters between the semiconductor substrate and the micro lenses (66 [0028] and Fig. 4); and an optical path changing member configured to change a path of at least a portion of the light when the light travels toward the photodiodes through the micro lenses (70 [0030] and Fig. 4), wherein the optical path changing member has a curved surface being concave or convex (Fig. 4). Takahashi fails to disclose the optical path changing member is on the first surface of the semiconductor substrate. However, Shiraishi discloses the optical path changing member is on the first surface of the semiconductor substrate (331, Shiraishi [0290] and Fig. 43). Shiraishi discloses a similar image sensor to Takahashi. Shiraishi teaches placing the optical path changing member over a recessed pixel isolator on the first surface of the semiconductor substrate for the benefit of improving the separation ratio of incident light optically and electrically, thereby improving the detection accuracy of the phase difference (Shiraishi [0296]). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to combine the teachings of Takahashi and Shiraishi to place the optical path changing member over a recessed pixel isolator on the first surface of the semiconductor substrate for the benefit of improving the separation ratio of incident light optically and electrically, thereby improving the detection accuracy of the phase difference. PNG media_image6.png 345 284 media_image6.png Greyscale PNG media_image7.png 427 279 media_image7.png Greyscale PNG media_image8.png 474 437 media_image8.png Greyscale Regarding Claim 2 - Takahashi modified by Shiraishi discloses all the limitations of claim 1. The combination of Takahashi and Shiraishi further discloses at least two pixels among the plurality of pixels share one micro lens among the micro lenses, and the optical path changing member, when viewed from above a plane, is at a center of the at least two pixels (Takahashi [0032] and Fig. 5a). PNG media_image9.png 252 258 media_image9.png Greyscale Regarding Claim 3 - Takahashi modified by Shiraishi discloses all the limitations of claim 2. The combination of Takahashi and Shiraishi further discloses the optical path changing member has the curved surface being concave or convex in a direction from the first surface of the semiconductor substrate toward the second surface of the semiconductor substrate (70 curved convex toward S2 as in Takahashi Fig. 4). Regarding Claim 4 - Takahashi modified by Shiraishi discloses all the limitations of claim 3. The combination of Takahashi and Shiraishi further discloses the optical path changing member has a depression recessed in the direction from the first surface of the semiconductor substrate toward the second surface of the semiconductor substrate (Filled by 331 as in Shiraishi Fig. 43). Regarding Claim 5 - Takahashi modified by Shiraishi discloses all the limitations of claim 4. The combination of Takahashi and Shiraishi further discloses the depression includes an insulating material (e.g. oxide film or glass, Shiraishi [0290]). Regarding Claim 11 - Takahashi modified by Shiraishi discloses all the limitations of claim 2. The combination of Takahashi and Shiraishi further discloses a pixel isolator within the semiconductor substrate and dividing the plurality of pixels from each other, wherein the optical path changing member overlaps the pixel isolator when viewed from above the plane (70 over 63, Shiraishi [0030] and Fig. 4). Regarding Claim 12 - Takahashi modified by Shiraishi discloses all the limitations of claim 11. The combination of Takahashi and Shiraishi further discloses when viewed from above the plane, a portion of the pixel isolator is removed, and the optical path changing member is in a region from which the portion of the pixel isolator is removed (Shiraishi [0290] and Fig. 43). Regarding Claim 11 - Takahashi modified by Shiraishi discloses all the limitations of claim 2. The combination of Takahashi and Shiraishi further discloses the plurality of pixels include a plurality of pixel groups, each of the plurality of pixel groups including first to fourth pixels arranged in a 2x2 matrix form (Takahashi [0051] and Fig. 15). PNG media_image10.png 383 286 media_image10.png Greyscale Regarding Claim 14 - Takahashi modified by Shiraishi discloses all the limitations of claim 13. The combination of Takahashi and Shiraishi further discloses the plurality of pixel groups include first to fourth pixel groups arranged in a 2x2 matrix, and the first to fourth pixel groups include a blue filter, a first green filter, a second green filter, and a red filter, respectively (as in a Bayer array, Takahashi [0048] and Fig. 15). Regarding Claim 15 - Takahashi modified by Shiraishi discloses all the limitations of claim 13. The combination of Takahashi and Shiraishi further discloses the plurality of pixel groups include first to fourth pixel groups arranged in a 2x1 matrix, and the first to fourth pixel groups include a blue filter, a first green filter, a second green filter, and a red filter, respectively (as in a Bayer array, Takahashi [0025] and Fig. 3). Regarding Claim 16 - Takahashi modified by Shiraishi discloses all the limitations of claim 13. The combination of Takahashi and Shiraishi further discloses the optical path changing member overlaps focuses of the micro lenses when viewed from above a plane (placed in the center position of the micro lens, Takahashi [0030] and Fig. 5a). Regarding Claim 17 - Takahashi modified by Shiraishi discloses all the limitations of claim 1. The combination of Takahashi and Shiraishi further discloses materials on opposite sides of the curved surface with respect to the curved surface of the optical path changing member have different refractive indexes (70 has lower index than surrounding material, Takahashi [0030]). Regarding Claim 18 - Takahashi discloses an image sensor, comprising: a plurality of pixel groups ([0025] and Fig. 3), each of which has one color among first to third colors (Red, Green, Blue [0025]), wherein each of the plurality of pixel groups includes first to fourth pixels arranged in a 2x2 matrix form (Bayer array [0025]); photodiodes for the first to fourth pixels (61, 62 [0028] and Fig. 4), the photodiodes within a semiconductor substrate having a first surface to which light is incident and a second surface facing away from the first surface (60 with sides S1 and S2 [0028] and annotated Fig. 4); micro lenses over the first surface of the semiconductor substrate corresponding to the first to fourth pixels and configured to concentrate the light (50 [0028] and Fig. 4); a color filter between the semiconductor substrate and the micro lenses (66 [0028] and Fig. 4); and an optical path changing member configured to change a path of at least a portion of the light when the light travels toward the photodiodes through the micro lenses (70 [0030] and Fig. 4), wherein the optical path changing member has a curved surface (Fig. 4), the curved surface being concave or convex in a direction toward the second surface of the semiconductor substrate (70 curved convex toward S2 as in Fig. 4). Takahashi fails to disclose the optical path changing member extends from the first surface of the semiconductor substrate. However, Shiraishi discloses the optical path changing member extends from the first surface of the semiconductor substrate (331, Shiraishi [0290] and Fig. 43). Shiraishi discloses a similar image sensor to Takahashi. Shiraishi teaches placing the optical path changing member over a recessed pixel isolator on the first surface of the semiconductor substrate for the benefit of improving the separation ratio of incident light optically and electrically, thereby improving the detection accuracy of the phase difference (Shiraishi [0296]). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to combine the teachings of Takahashi and Shiraishi to place the optical path changing member over a recessed pixel isolator on the first surface of the semiconductor substrate for the benefit of improving the separation ratio of incident light optically and electrically, thereby improving the detection accuracy of the phase difference. Regarding Claim 19 - Takahashi modified by Shiraishi discloses all the limitations of claim 18. The combination of Takahashi and Shiraishi further discloses the optical path changing member overlaps focuses of the micro lenses when viewed from above a plane (placed in the center position of the micro lens, Takahashi [0030] and Fig. 5a), and materials on opposite sides of the curved surface with respect to the curved surface of the optical path changing member have different refractive indexes (70 has lower index than surrounding material, Takahashi [0030]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON MCDONALD whose telephone number is (571) 272-5944. The examiner can normally be reached M-F 8a-6p Eastern, alternating Fridays out of office. 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, Julio Maldonado can be reached at (571) 272-1864. 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. /JASON MCDONALD/Examiner, Art Unit 2898 /JULIO J MALDONADO/Supervisory Patent Examiner, Art Unit 2898
Read full office action

Prosecution Timeline

Feb 08, 2024
Application Filed
Jul 24, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12697688
SEMICONDUCTOR DEVICE MANUFACTURING DEVICE AND MANUFACTURING METHOD
3y 5m to grant Granted Aug 04, 2026
Patent 12666616
SEMICONDUCTOR MEMORY DEVICE AND METHOD OF MANUFACTURING THE SAME
3y 5m to grant Granted Jun 23, 2026
Study what changed to get past this examiner. Based on 2 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
67%
Grant Probability
99%
With Interview (+100.0%)
3y 6m (~11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 6 resolved cases by this examiner. Grant probability derived from career allowance rate.

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