Prosecution Insights
Last updated: April 19, 2026
Application No. 18/496,674

IMAGE SENSING DEVICE AND IMAGING DEVICE INCLUDING THE SAME

Non-Final OA §102§103
Filed
Oct 27, 2023
Examiner
SUN, YU-HSI DAVID
Art Unit
2817
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
SK Hynix Inc.
OA Round
1 (Non-Final)
77%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
85%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allow Rate
648 granted / 845 resolved
+8.7% vs TC avg
Moderate +8% lift
Without
With
+8.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
27 currently pending
Career history
872
Total Applications
across all art units

Statute-Specific Performance

§101
3.0%
-37.0% vs TC avg
§103
45.9%
+5.9% vs TC avg
§102
25.5%
-14.5% vs TC avg
§112
16.6%
-23.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 845 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 Species I in the reply filed on 2/18/2026 is acknowledged. Claims 5-8 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2/18/2026. 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)(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 1-4 and 10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by SAKAMOTO (US PG Pub 2025/0107258, hereinafter Sakamoto). Regarding claim 1, figure 10A of Sakamoto discloses an image sensing device comprising: first to fourth pixel groups (52) arranged in a (2×2) matrix including two rows and two columns (see note below), wherein each of the first to fourth pixel groups includes 1) at least one of a red pixel including a red color filter configured to transmit light corresponding to a red color, a green pixel including a green color filter configured to transmit light corresponding to a green color, or a blue pixel including a blue color filter configured to transmit light corresponding to a blue color (figure 8A shows pixels and color filters of red (R), green (G) and blue (B)), and 2) at least one cyan pixel including a cyan color filter (C) configured to transmit light corresponding to the green color and the blue color. Note: The pixel group shown in figure 10A is one among an array of pixel groups (see figure 3). Thus, the pixel group shown in figure 10A would part of a 2x2 matrix of pixel groups among the entire array. Regarding claim 2, figure 10A of Sakamoto discloses the first pixel group and the fourth pixel group are arranged in a direction diagonal to each other; and the second pixel group and the third pixel group are disposed in a direction diagonal to each other. Regarding claim 3, figure 10A of Sakamoto discloses the first pixel group includes one red pixel and three cyan pixels; the fourth pixel group includes one blue pixel and three cyan pixels; and each of the second pixel group and the third pixel group includes one green pixel and three cyan pixels. Regarding claim 4, figure 10A of Sakamoto discloses each of the red pixel, the green pixel, and the blue pixel is disposed in a same position with respect to the three cyan pixels in a corresponding pixel group. Regarding claim 10, figure 10A of Sakamoto discloses an image sensing device configured to have a pixel array that includes red pixels configured to generate first image data in response to receiving light corresponding to a red color, green pixels configured to generate second image data in response to receiving light corresponding to a green color, blue pixels configured to generate third image data in response to receiving light corresponding to a blue color, and cyan pixels configured to generate fourth image data in response to receiving light corresponding to the blue color and the green color (¶ 102); and an image signal processor (ISP)(34) configured to generate RGB image data by interpolating raw image data including the first image data, the second image data , the third image data , and the fourth image data (¶ 68, 167), wherein the pixel array includes a plurality of pixel groups, each of which includes 1) at least one of the red pixel, the green pixel, or the blue pixel, and 2) at least one cyan pixel. Note: The pixel group shown in figure 10A is one among an array of pixel groups (see figure 3). Thus, the pixel group shown in figure 10A would part of a 2x2 matrix of pixel groups among the entire array. 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 9 is rejected under 35 U.S.C. 103 as being unpatentable over Sakamoto. Regarding claim 9, Sakamoto does not explicitly disclose a difference between a wavelength of red light and a width of the cyan pixel is smaller than a difference between a wavelength of green or blue light and the width of the cyan pixel. However, it would have been obvious to form the pixel colors to have wavelength properties within the claimed ranges, since it has been held by the Federal circuit that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. (In Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984)). Allowable Subject Matter Claims 11-18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to YU-HSI DAVID SUN whose telephone number is (571)270-5773. The examiner can normally be reached Mon-Fri 8am-4pm ET. 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, Marlon Fletcher can be reached at 571-272-2063. 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. /YU-HSI D SUN/Primary Examiner, Art Unit 2817
Read full office action

Prosecution Timeline

Oct 27, 2023
Application Filed
Mar 23, 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
77%
Grant Probability
85%
With Interview (+8.4%)
2y 9m
Median Time to Grant
Low
PTA Risk
Based on 845 resolved cases by this examiner. Grant probability derived from career allow rate.

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