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 claims 1-6 and 15-28 in the reply filed on 07 January 2026 is acknowledged.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 17 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 17, it is unclear what is meant by “an optical path from the top surface of the medium to the plurality of focal points is shorter than an optical path from the top surface of the medium to a single focal point.” The claim recites two different distances from the top surface of the medium without providing sufficient structure explaining as to how said two differences are achieved. Paragraph 0076 of the instant specification teaches in order to have a single focal point optical path; it would only require a single meta lens opening. No such single lens opening is disclosed. Therefore, this claim has indefinite scope. For the purposes of this action, the claim will be interpreted as any individual meta lens opening can be considered as a single optical path when compared the plurality of meta lens openings creating an optical path to a plurality of focal points. The optical path of the plurality of meta lens openings being shorter than the single optical path.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
(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 and 6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Woehler (US Patent Pub 20210143201 A1).
Regarding Claim 1 Woehler teaches a semiconductor device, comprising:
a light sensor configured to convert incoming light to electrical signals (Woehler, Fig. 2B, light sensor 15);
a medium configured to transit the incoming light toward the light sensor (Fig. 2B, medium 16);
and a plurality of holes on a top surface of the medium, opposite the light sensor, configured to direct the incoming light toward a plurality of focal points associated with a top surface of the light sensor (Fig. 1 teaches a plurality of individual holes 13. Fig. 2B shows an individual hole 13 is opposite the light sensor 15. Each hole 13 of the plurality of holes directs incoming light toward individual light sensors 15, which are the focal points of the light sensor).
Regarding Claim 6, Woehler teaches the semiconductor device of claim 1, further comprising: an isolation structure formed in the medium and surrounding the light sensor (Woehler, Fig. 2B, isolation structure 17).
Claim(s) 1, 5, 15, 17, 19, and 21-28 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Xin et al. (US Patent No. 12153233 B1).
Regarding Claim 1, Xin teaches A semiconductor device, comprising:
a light sensor configured to convert incoming light to electrical signals (Xin, Fig. 6, light sensor 70);
a medium configured to transit the incoming light toward the light sensor (Fig. 6, medium 52);
and a plurality of holes on a top surface of the medium, opposite the light sensor, configured to direct the incoming light toward a plurality of focal points associated with a top surface of the light sensor (Fig. 6 teaches a plurality of individual holes 48 and 50. Column 9 lines 5-11 teaches that the image sensor of Fig. 6 can be arranged in an array, which would have a plurality of holes 48 and 50 that direct incoming light toward individual light sensors 70, which would be the plurality of focal points of the image sensor).
Regarding Claim 5, Xin teaches the semiconductor device of claim 1, further comprising: a dielectric layer filling the plurality of holes (Column 3 lines 2-8 teaches the holes 48 and 50 may be formed from dielectric material).
Regarding claim 15, Xin teaches a semiconductor device, comprising:
a light sensor configured to convert incoming light to electrical signals (Xin, Fig. 6, light sensor 70);
a medium configured to transit the incoming light toward the light sensor (Fig. 6, medium 52) ;
and a set of holes on a top surface of the medium, opposite the light sensor, comprising (Fig. 6, set of holes 50):
a first subset of holes, having a first opening, that are arranged over a plurality of focal points associated with a top surface of the light sensor (Fig. 6, first subset of holes 50 arranged over plurality of focal points 70);
and a second subset of holes, having a second opening smaller than the first opening, that approximately surround the first subset of holes in a plurality of circular patterns (Fig. 6, second subset of holes 48 having a second opening smaller than the first opening. Fig. 2F teaches second subset of holes surrounds the first subset of holes in a plurality of circular patterns (See annotated figure below)).
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Regarding Claim 17, Xin teaches the semiconductor device of claim 15, wherein an optical path from the top surface of the medium to the plurality of focal points is shorter than an optical path from the top surface of the medium to a single focal point (Xin, Fig. 6 teaches a single outermost optical path travels a longer distance than a plurality of optical paths near the center).
Regarding Claim 19, Xin teaches the semiconductor device of claim 15, further comprising: a dielectric layer filling the set of holes (Column 3 lines 2-8 teaches the holes 48 and 50 may be formed from dielectric material).
Regarding Claim 21, Xin teaches a semiconductor device, comprising:
a light sensor (Xin, Fig. 6, light sensor 70);
a semiconductor layer disposed over the light sensor (Fig. 6, semiconductor layer 50);
and a first plurality of holes formed in the semiconductor layer, wherein the first plurality of holes have a first width (Fig. 6, first plurality of holes having a first width (see annotated figure below));
and a second plurality of holes formed in the semiconductor layer, wherein the first plurality of holes have a second width smaller than the first width (Fig. 6, second plurality of holes . First plurality of holes have a second width smaller than the first width (see annotated figure below)),
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and wherein the second plurality of holes approximately surround the first plurality of holes (Fig. 2I, see annotated figure below).
Regarding Claim 22, Xin teaches the semiconductor device of claim 21, wherein the second plurality of holes approximately surround the first plurality of holes in a plurality of circular patterns (Xin, Fig. 2F, See annotated figure above).
Regarding Claim 23, Xin teaches the semiconductor device of claim 21, further comprising a third plurality of holes formed in the semiconductor layer, wherein the first plurality of holes have a third width smaller than the first width, and larger than the second width (Xin, Fig. 2I, See annotated figure below).
Regarding Claim 24, Xin teaches the semiconductor device of claim 23, wherein the third plurality of holes approximately surround the first plurality of holes (Xin, Fig. 2I, see annotated figure below).
Regarding Claim 25, Xin teaches the semiconductor device of claim 23, wherein the second plurality of holes approximately surround the first plurality of holes in a first circular pattern, wherein the third plurality of holes approximately surround the first plurality of holes in a second circular pattern (Xin, figure 2I. See annotated figure below).
Regarding Claim 26, Xin teaches the semiconductor device of claim 25, wherein the second circular pattern is approximately concentric with the first circular pattern (Xin, Fig. 2I, see annotated figure below).
Regarding Claim 27, Xin teaches the semiconductor device of claim 25, wherein the second circular pattern is inside the first circular pattern (Xin, Fig. 2I. See annotated figure below).
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Regarding Claim 28, Xin teaches the semiconductor device of claim 21, further comprising a dielectric layer filling the first plurality of holes and the second plurality of holes, wherein the dielectric layer has a different refractive index than the semiconductor layer (Xin, paragraph 19 teaches the holes 48 and 50 may be formed from dielectric material and that these materials may be comprised of materials that have a variety of different refractive indexes. These materials can have a different index of refraction than layer 54).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 2 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Woehler as applied to claims 1 and 6 above, and further in view of Qian et al. (US Patent Pub 20230215887 A1).
Regarding Claim 2, Woehler teaches the semiconductor device of claim 1.
Woehler fails to teach the composition of the light sensor as being formed of germanium.
However, Qian teaches a light sensor that can be comprised of germanium (Qian, Fig. 3, light sensor (301 and 308a-308d). Paragraph 0036 teaches the array of light sensors is comprised of 301 and 308a-308d. paragraph 0035 teaches 301 can be comprised of germanium).
It would have been obvious to one of ordinary skill in the art at the time of invention to incorporate the teachings of Qian into the method of Woehler by forming the semiconductor device wherein the light sensor comprises a germanium light sensor. The ordinary artisan would have been motivated to modify Woehler in the manner set forth above for at least the purpose of forming a plurality of photodiodes configured to generate corresponding image signal in response to incident light (Qian, paragraph 0036).
Regarding Claim 4, Woehler teaches the semiconductor device of claim 1.
Woehler fails to specify the medium comprises the medium comprises a silicon substrate.
However, Qian teaches an image sensing semiconductor device wherein the medium comprises a silicon substrate (Qian, Fig. 3, medium 330. 330 functions as a protective layer as well as a layer in which other structures (such as lenses) are built upon. Therefore, 330 is a substrate. Paragraph 0045 teaches 330 can be silicon dioxide, which comprises silicon).
It would have been obvious to one of ordinary skill in the art at the time of invention to incorporate the teachings of Qian into the method of Woehler by forming the semiconductor device wherein the medium comprises a silicon substrate. The ordinary artisan would have been motivated to modify Woehler in the manner set forth above for at least the purpose of inducing a hole accumulation region surrounding the trenches of first isolation structures so as to passivate surface defects and trench sidewall defects that may occur during fabrication (Qian, paragraph 0042).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Woehler as applied to claims 1 and 6 above, and further in view of Varghese et al. (US Patent Pub 20230290796 A1).
Regarding Claim 3, Woehler teaches the semiconductor device of claim 1, wherein the semiconductor device is an image sensor having a plurality of holes for directing light towards the light sensor.
Woehler fails to specifically teach the width of each of the holes in the plurality of holes.
However, Varghese teaches an image sensing semiconductor device wherein the width of the hole in the image sensor has a width that is approximately 0.5 micrometers (µm) or less (Varghese, Fig. 8. Paragraph 0079 teaches the width of the hole in the image sensor is 200 nm (or 0.2 micrometers)).
wherein the width of the hole in the image sensor is 200 nm (or 0.2 micrometers).
It would have been obvious to one of ordinary skill in the art at the time of invention to incorporate the teachings of Varghese into the method of Woehler by forming the semiconductor device wherein each hole, in the plurality of holes, has a width that is approximately 0.5 micrometers (µm) or less. The ordinary artisan would have been motivated to modify Woehler in the manner set forth above for at least the purpose of increasing the concentration of optical power for the peak wavelength by around 3.5 times as compared to other wavelengths (Varghese, paragraph 0079).
Claim(s) 16 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xin as applied to claims 1, 5, 15, 17, 19, and 21-28 above, and further in view of Qian et al. (US Patent Pub 20230215887 A1).
Regarding Claim 16, Xin teaches the semiconductor device of claim 15.
Xin fails to disclose the thickness of the medium.
However, Qian teaches an image sensing semiconductor device wherein a thickness of the medium is approximately 6.0 micrometers (µm) or smaller (Qian, Fig. 3, medium 330. Paragraph 0044 teaches the thickness of 330 ranges from 500 nanometers (0.5 µm) to 1300 nanometers (1.3 µm), which is withing the claimed thickness range.
It would have been obvious to one of ordinary skill in the art at the time of invention to incorporate the teachings of Qian into the method of Xin by forming the semiconductor device wherein a thickness of the medium is approximately 6.0 micrometers (µm) or smaller. The ordinary artisan would have been motivated to modify Xin in the manner set forth above for at least the purpose of inducing a hole accumulation region surrounding the trenches of first isolation structures so as to passivate surface defects and trench sidewall defects that may occur during fabrication (Qian, paragraph 0042).
Regarding Claim 20, Xin teaches the semiconductor device of claim 15.
Xin fails to teach an isolation structure formed in the medium and surrounding the light sensor.
However, Quian teaches an image sensing semiconductor device comprising an isolation structure formed in the medium and surrounding the light sensor (Quian, Fig. 3, isolation structures 310).
It would have been obvious to one of ordinary skill in the art at the time of invention to incorporate the teachings of Qian into the method of Xin by forming the semiconductor device comprising an isolation structure formed in the medium and surrounding the light sensor. The ordinary artisan would have been motivated to modify Xin in the manner set forth above for at least the purpose of inducing a hole accumulation region surrounding the trenches of first isolation structures so as to passivate surface defects and trench sidewall defects that may occur during fabrication (Qian, paragraph 0042).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xin as applied to claims 1, 5, 15, 17, 19, and 21-28 above, and further in view of Sugizaki (US Patent Pub 20210066356 A1).
Regarding Claim 18, Xin teaches the semiconductor device of claim 15.
Xin fails to disclose the height of each hole in the set of holes.
However, Sugizaki teaches an image sensing device wherein each hole, in the set of holes, has a height that is approximately 0.5 micrometers (µm) or larger (Sugizaki , Fig. 12, set of holes 121D. Paragraph 0203 teaches that 121D can have a thickness of 500 nanometers (0.5 µm), which is within the claimed thickness range).
It would have been obvious to one of ordinary skill in the art at the time of invention to incorporate the teachings of Sugizaki into the method of Xin by forming the semiconductor device wherein each hole, in the set of holes, has a height that is approximately 0.5 micrometers (µm) or larger. The ordinary artisan would have been motivated to modify Xin in the manner set forth above for at least the purpose of tuning the performance of the image sensing device (Sugizaki, paragraph 0165-175).
Conclusion
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/V.R.G./Examiner, Art Unit 2899
/JOHN M PARKER/Examiner, Art Unit 2899