Prosecution Insights
Last updated: May 29, 2026
Application No. 18/493,120

BACKSIDE ILLUMINATED IMAGE SENSOR AND METHOD OF MANUFACTURING SAME

Non-Final OA §102§103
Filed
Oct 24, 2023
Priority
Aug 30, 2023 — RE 10-2023-0114295
Examiner
MOJADDEDI, OMAR F
Art Unit
2898
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Db Hitek Co. Ltd.
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
458 granted / 512 resolved
+21.5% vs TC avg
Moderate +11% lift
Without
With
+10.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
38 currently pending
Career history
546
Total Applications
across all art units

Statute-Specific Performance

§101
1.2%
-38.8% vs TC avg
§103
86.5%
+46.5% vs TC avg
§102
7.8%
-32.2% vs TC avg
§112
4.0%
-36.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 512 resolved cases

Office Action

§102 §103
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 . DETAILED ACTION Election/Restrictions 1. Applicant's election, without traverse, of claims 1-9 in the “Response to Restriction Requirement” filed on 01/21/2026 is acknowledged and entered by the Examiner. This office action consider claims 1-20 pending for prosecution, wherein claims 10-20 are withdrawn from further consideration, and claims 1-9 are presented for examination. 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. Notes: when present, semicolon separated fields within the parenthesis (; ;) represent, for example, as (100; Fig 3A; [0063]) = (element 100; Figure No. 3A; Paragraph No. [0063]). For brevity, the texts “Element”, “Figure No.” and “Paragraph No.” shall be excluded, though; additional clarification notes may be added within each field. The number of fields may be fewer or more than three indicated above. These conventions are used throughout this document. 2. Claims 1, 3, and 8-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (US 20220173143 A1; hereinafter Kim) Regarding claim 1, Kim teaches a backside illuminated image senso (see the entire document, specifically Fig. 1+; [0004+], and as cited below; see alternative rejection for claim 1 below), comprising: a substrate (1; Fig. 4A; [0053]) having a top side (1a; Fig. 4A; [0053]) and a bottom side (1b; Fig. 4A; [0053]); a photoelectric conversion element (PD; Fig. 4A; [0055]) in the substrate (1; Fig. 4A; [0053]) within a pixel area (APS; Fig. 4A; [0053]); a wiring region (15; Fig. 4A; [0060]) disposed on the top side (1a; Fig. 4A; [0053]) of the substrate (1; Fig. 4A; [0053]); a color filter part (CF1, CF2; Fig. 4A; [0069]) disposed on the bottom side (1b; Fig. 4A; [0053]) of the substrate (1; Fig. 4A; [0053]) within the pixel area (APS; Fig. 4A; [0053]); a planarization layer (56; Fig. 4A; [0070]) disposed on the color filter part (CF1, CF2; Fig. 4A; [0069]); a lens part (ML; Fig. 4A; [0071]) disposed on the planarization layer (56; Fig. 4A; [0070]); and an align key (20: {14, 16}; Fig. 4A; [0062]; where element 20 comprises of insulating pattern 14 and conductive pattern 16 on the insulating pattern 14; see Claim 9 of the instant invention where it states that the align key comprises of an insulating film; and a metal film on the insulating film; thus, it is construed that 20: {14, 16}; Fig. 4A; [0053] is an align key) extending from the top side (1a; Fig. 4A; [0053]) to a side adjacent to the bottom side (1b; Fig. 4A; [0053]) of the substrate (1; Fig. 4A; [0053]) within a peripheral area (EG; Fig. 4A; [0053, 0071]). Regarding claim 3, Kim teaches all of the features of claim 1. Kim further teaches wherein as the align key (20: {14, 16}; Fig. 4A; [0062]; where element 20 comprises of insulating pattern 14 and conductive pattern 16 on the insulating pattern 14; see Claim 9 of the instant invention where it states that the align key comprises of an insulating film; and a metal film on the insulating film; thus, it is construed that 20: {14, 16}; Fig. 4A; [0053] is an align key) extends from the top side (1a; Fig. 4A; [0053]) to the bottom side (1b; Fig. 4A; [0053]) of the substrate (1; Fig. 4A; [0053]), a width of an inner wall of the align key (20: {14, 16}; Fig. 4A; [0062]; where element 20 comprises of insulating pattern 14 and conductive pattern 16 on the insulating pattern 14; see Claim 9 of the instant invention where it states that the align key comprises of an insulating film; and a metal film on the insulating film; thus, it is construed that 20: {14, 16}; Fig. 4A; [0053] is an align key) becomes narrower. Regarding claim 8, Kim teaches all of the features of claim 1. Kim further teaches wherein the align key (20: {14, 16}; Fig. 4A; [0062]; where element 20 comprises of insulating pattern 14 and conductive pattern 16 on the insulating pattern 14; see Claim 9 of the instant invention where it states that the align key comprises of an insulating film; and a metal film on the insulating film; thus, it is construed that 20: {14, 16}; Fig. 4A; [0053] is an align key) comprises an insulating film ({14}; Fig. 4A; [0062, 0077]) gap-filled within a via hole (10; Fig. 4A; [0061, 0077]) formed from the top side (1a; Fig. 4A; [0053]) to the bottom side (1b; Fig. 4A; [0053]) of the substrate (1; Fig. 4A; [0053]). Regarding claim 9, Kim teaches all of the features of claim 1. Kim further teaches wherein the align key (20: {14, 16}; Fig. 4A; [0062]; where element 20 comprises of insulating pattern 14 and conductive pattern 16 on the insulating pattern 14; see Claim 9 of the instant invention where it states that the align key comprises of an insulating film; and a metal film on the insulating film; thus, it is construed that 20: {14, 16}; Fig. 4A; [0053] is an align key) comprises: an insulating film ({14}; Fig. 4A; [0062]); and a metal film ({16}; Fig. 4A; [0062]) on the insulating film ({14}; Fig. 4A; [0062]). 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. Notes: when present, semicolon separated fields within the parenthesis (; ;) represent, for example, as (100; Fig 3A; [0063]) = (element 100; Figure No. 3A; Paragraph No. [0063]). For brevity, the texts “Element”, “Figure No.” and “Paragraph No.” shall be excluded, though; additional clarification notes may be added within each field. The number of fields may be fewer or more than three indicated above. These conventions are used throughout this document. 3. Claims 1-2, 4, and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (US 20220310675 A1; hereinafter Kim ‘675) (see alternative rejection for various claims above) Regarding claim 1, Kim ‘675 teaches a backside illuminated image senso (see the entire document, specifically Fig. 1+; [0005+], and as cited below; see alternative rejection for claim 1 above), comprising: a substrate (101; Fig. 1 in view of Fig. 2; [0026]) having a top side (100a; Fig. 1 in view of Fig. 2; [0027]) and a bottom side (100b; Fig. 1 in view of Fig. 2; [0027]); a photoelectric conversion element (PD; Fig. 1 in view of Fig. 2; [0026]) in the substrate (100) within a pixel area (PR; Fig. 1 in view of Fig. 2; [0028]); a wiring region ({221, 223}; Fig. 1 in view of Fig. 2; [0071]) disposed on the top side (100a; Fig. 1 in view of Fig. 2; [0027]) of the substrate (100; Fig. 1 in view of Fig. 2; [0027]); a color filter part (330; Fig. 1 in view of Fig. 2; [0072]) disposed on the bottom side (100b; Fig. 1 in view of Fig. 2; [0027]) of the substrate (100; Fig. 1 in view of Fig. 2; [0027]) within the pixel area (PR; Fig. 1 in view of Fig. 2; [0028]); a planarization layer (320; Fig. 1 in view of Fig. 2; [0072, 0075, 0076]) disposed on the color filter part (330; Fig. 1 in view of Fig. 2; [0072]); a lens part (340; Fig. 1 in view of Fig. 2; [0072, 0075, 0076]) disposed on the planarization layer (320; Fig. 1 in view of Fig. 2; [0072, 0075, 0076]); and an align key (PIS1: {111, 113}; Fig. 2; [0028, 0035, 0037, 0044]; where element PIS1 comprises of insulating pattern 111 and conductive pattern 113 on the insulating pattern 111; see Claim 9 of the instant invention where it states that the align key comprises of an insulating film; and a metal film on the insulating film; thus, it is construed that PIS1: {111, 113}; Fig. 2; [0028, 0035, 0037, 0044] is an align key) extending from the top side (100a) to a side adjacent to the bottom side (100b) of the substrate (100) within a peripheral area (ER; Fig. 1 in view of Fig. 2; [0028, 0031-0032, 0046-0047, 0072]). Regarding claim 2, Kim ‘675 teaches all of the features of claim 1. Kim ‘675 further teaches wherein the align key (PIS1: {111, 113}; Fig. 2; [0028, 0035, 0037, 0044]; where element PIS1 comprises of insulating pattern 111 and conductive pattern 113 on the insulating pattern 111; see Claim 9 of the instant invention where it states that the align key comprises of an insulating film; and a metal film on the insulating film; thus, it is construed that PIS1: {111, 113}; Fig. 2; [0028, 0035, 0037, 0044] is an align key) extends from the top side (100a; Fig. 1 in view of Fig. 2; [0027]) of the substrate (100; Fig. 1 in view of Fig. 2; [0027]) to a depth of approximately 60% to 90% of a total depth of the substrate (100; see Fig. 2). Regarding claim 4, Kim ‘675 teaches all of the features of claim 1. Kim ‘675 further teaches wherein the align key (PIS1: {111, 113}; Fig. 2; [0028, 0035, 0037, 0044]; where element PIS1 comprises of insulating pattern 111 and conductive pattern 113 on the insulating pattern 111; see Claim 9 of the instant invention where it states that the align key comprises of an insulating film; and a metal film on the insulating film; thus, it is construed that PIS1: {111, 113}; Fig. 2; [0028, 0035, 0037, 0044] is an align key) comprises: a first region (see Fig. 2; see PIS1: {111, 113}; Fig. 2; [0028, 0035, 0037, 0044]) extending in a lateral direction; and a second region (see Fig. 2; see PIS1: {111, 113}; Fig. 2; [0028, 0035, 0037, 0044]) extending in a longitudinal direction. Regarding claim 7, Kim ‘675 teaches all of the features of claim 1. Kim ‘675 further teaches wherein the align key (see Fig. 2; see PIS1: {111, 113}; Fig. 2; [0028, 0035, 0037, 0044]) comprises: a first align key (see Fig. 2; see PIS1: {111, 113}; Fig. 2; [0028, 0035, 0037, 0044]) having a laterally extending region and a longitudinally extending region; and a second align key (see Fig. 2; see PIS1: {111, 113}; Fig. 2; [0028, 0035, 0037, 0044]) having a laterally extending region and a longitudinally extending region to surround the first align key (see Fig. 2; see PIS1: {111, 113}; Fig. 2; [0028, 0035, 0037, 0044]). 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 of this title, 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. Notes: when present, semicolon separated fields within the parenthesis (; ;) represent, for example, as (30A; Fig 2B; [0128]) = (element 30A; Figure No. 2B; Paragraph No. [0128]). For brevity, the texts “Element”, “Figure No.” and “Paragraph No.” shall be excluded, though; additional clarification notes may be added within each field. The number of fields may be fewer or more than three indicated above. These conventions are used throughout this document. 4. Claims 5-6 are rejected under 35 U.S.C.103 as being unpatentable over Kim et al. (US 20220310675 A1; hereinafter Kim ‘675), in view of the following statement. Regarding claim 5, Kim ‘675 teaches all of the features of claim 4. Kim ‘675 further teaches wherein the first region (see Fig. 2; see PIS1: {111, 113}; Fig. 2; [0028, 0035, 0037, 0044]) is provided in a set of two, with the two first regions (see Fig. 4A; see 20: {14, 16}; Fig. 4A; [0062, 0077]) being spaced apart from each other longitudinally, and the second region (see Fig. 2; see PIS1: {111, 113}; Fig. 2; [0028, 0035, 0037, 0044]) (see below for “is provided in a set of two, with the two second regions”) being spaced apart from each other laterally (see Fig. 2; see PIS1: {111, 113}; Fig. 2; [0028, 0035, 0037, 0044]). Although Kim ‘675 does not expressly disclose wherein the first region is provided in a set of two, with the two first regions being spaced apart from each other longitudinally, and the second region is provided in a set of two, with the two second regions being spaced apart from each other laterally, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced (In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) See MPEP § 2144.04 VI. B. Regarding claim 6, Kim ‘675 teaches all of the features of claim 5. Kim ‘675 further teaches wherein the align key regions (see Fig. 2; see PIS1: {111, 113}; Fig. 2; [0028, 0035, 0037, 0044]) has a substantially rectangular planar shape. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Omar Mojaddedi whose telephone number is 313-446-6582. The examiner can normally be reached on Monday – Friday, 8:00 a.m. to 4:00 p.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, Julio J. Maldonado, can be reached on 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 an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /OMAR F MOJADDEDI/Examiner, Art Unit 2898
Read full office action

Prosecution Timeline

Oct 24, 2023
Application Filed
May 18, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
90%
Grant Probability
99%
With Interview (+10.7%)
2y 3m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 512 resolved cases by this examiner. Grant probability derived from career allowance rate.

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