DETAILED ACTION
This Office Action is in response to the applicant's application filed November 13th, 2023. In virtue of this communication, claims 1-20 are currently presented in the instant application.
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 .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-15 are rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, as based on a disclosure which is not enabling. The disclosure does not enable one of ordinary skill in the art to practice the invention without describing or showing how the interconnection structure layer can be electrically insulated from the mirror layer, which is critical or essential to the practice of the invention but not included in the claim(s). See In re Mayhew, 527 F.2d 1229, 188 USPQ 356 (CCPA 1976). The disclosure shows that the interconnection structure layer includes forming a plurality of connectors 141 that pass through the mirror layer 120 and that the plurality of connectors 141 are electrically connected to the plurality of photosensitive devices 111, and electrically insulated from the plurality of mirror members 121 of the mirror layer 120 (see Fig. 4 and applicant’s original paragraph 47). However, the disclosure never discloses how the plurality of connectors are electrically insulated from the plurality of mirror members of the mirror layer. Is the mirror layer made of an electrically insulated material? Paragraph 36 and claim 8 require the mirror layer to be made of a material including aluminum. Is the mirror layer made of aluminum oxide? Are the connectors 141 via plugs provided with insulated sidewalls? How the interconnection structure layer is electrically insulated from the mirror layer is critical and essential to the practice of the invention. Claims 2-15 are also rejected as they do not clear up the issue with enablement.
Claims 18-19 are rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, as based on a disclosure which is not enabling. The disclosure does not enable one of ordinary skill in the art to practice the invention without describing or showing how the plurality of connectors can be electrically insulated from the plurality of mirror members of the mirror layer, which is critical or essential to the practice of the invention but not included in the claim(s). See In re Mayhew, 527 F.2d 1229, 188 USPQ 356 (CCPA 1976). The disclosure shows that the interconnection structure layer includes forming a plurality of connectors 141 that pass through the mirror layer 120 and that the plurality of connectors 141 are electrically connected to the plurality of photosensitive devices 111, and electrically insulated from the plurality of mirror members 121 of the mirror layer 120 (see Fig. 4 and applicant’s original paragraph 47). However, the disclosure never discloses how the plurality of connectors are electrically insulated from the plurality of mirror members of the mirror layer. Is the mirror layer made of an electrically insulated material? Paragraph 36 requires the mirror layer to be made of a material including aluminum. Is the mirror layer made of aluminum oxide? Are the connectors 141 via plugs provided with insulated sidewalls? How the interconnection structure layer is electrically insulated from the mirror layer is critical and essential to the practice of the invention. Claim 19 is also rejected as they do not clear up the issue with enablement.
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.
Claims 1-15 and 18-19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential elements, such omission amounting to a gap between the elements. See MPEP § 2172.01.
In claim 1, the omitted element is how the interconnection structure layer is electrically insulated from the mirror layer. As the mirror layer is understood to be made of aluminum (paragraph 38 and claim 8 require the mirror layer to be made of a material including aluminum) and the interconnection structure layer is electrically connected to the one or more photosensitive devices, it is unclear how the mirror layer could be electrically insulated from the interconnection structure. Is the mirror layer made of an electrically insulated material? Is the mirror layer made of aluminum oxide? Are the connectors 141 via plugs provided with insulated sidewalls? For the purposes of examination, the claim is understood to cover any way of being electrically insulated. Claims 2-15 depend from claim 1.
In claim 18, the omitted element is how the plurality of connectors are electrically insulated from the plurality of mirror members. As the mirror layer is understood to be made of aluminum (paragraph 38 requires the mirror layer to be made of a material including aluminum) and the plurality of connectors are electrically connected to the plurality of photosensitive devices, it is unclear how the plurality of mirror members could be electrically insulated from the plurality of connectors. Are the mirror members made of an electrically insulated material? Is the mirror layer made of aluminum oxide? Are the connectors 141 via plugs provided with insulated sidewalls? For the purposes of examination, the claim is understood to cover any way of being electrically insulated. Claim 19 depends from claim 18.
Claims 12-14 and 18-19 are 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.
Claim 12 recites the limitation "the plurality of photosensitive devices" in line 4. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination, this limitation has been understood to be --the one or more photosensitive devices--. Claims 13-14 depend from claim 12.
Claim 12 recites the limitation "the plurality of mirror members of the mirror layer" in line 5. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination, this limitation has been understood to be --the mirror layer--. Claims 13-14 depend from claim 12.
Claim 18 recites the limitation "the plurality of mirror members of the mirror layer" in line 6. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination, this limitation has been understood to be --a plurality of mirror members of the mirror layer--. Claim 19 depend from claim 18.
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)(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, 8-13, and 15-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Uehira (US 2022/0406835 A1).
With respect to claim 1, Uehira teaches a backside illuminated (BSI) image sensor in at least Figs. 9-10 with Figs. 1A-8 teaching overlapping subject matter, comprising:
an array substrate 200 containing one or more photosensitive devices (APD comprising 111, 111a, 111c) and including a first surface 201 (see Figs. 9-10 and paragraphs 64, 67, 68, 107);
a mirror layer 350 disposed at a side of the first surface 201 of the array substrate 200 and electrically insulted from the one or more photosensitive devices (APD comprising 111, 111a, 111c) (see Figs. 9-10 and paragraphs 75, 77, 85, 107; note 350 reflects light having passed through the APD); and
an interconnection structure layer (comprising 311a, 320, 330, 361, 362) disposed at a side of the mirror layer 350 facing away from the array substrate 200, electrically connected (by way of 311a) to the one or more photosensitive devices (APD comprising 111, 111a, 111c), and electrically insulated (by way of 301) from the mirror layer 350 (see Figs. 9-10 and paragraphs 75-77, 85, 108).
With respect to claim 2, Uehira teaches the image sensor according to claim 1, further comprising: an isolation layer 301 disposed between the mirror layer 350 and the first surface 201 of the array substrate 200 (see Figs. 9-10 and paragraphs 75, 77).
With respect to claim 3, Uehira teaches the image sensor according to claim 2, wherein: the isolation layer 301 is in contact with the first surface 301 of the array substrate 200 (see Figs. 9-10 and paragraphs 75, 77, 131).
With respect to claim 4, Uehira teaches the image sensor according to claim 2, wherein: the isolation layer 301 is in contact with the mirror layer 350 (see Figs. 9-10 and paragraphs 75, 77; note 301 surrounds 350).
With respect to claim 8, Uehira teaches the image sensor according to claim 1, wherein: the mirror layer 350 is made of a material including aluminum (see Figs. 9-10 and paragraph 77).
With respect to claim 9, Uehira teaches the image sensor according to claim 1, wherein: a plurality of photosensitive devices (APD comprising 111, 111a, 111c from each pixel) is disposed within the array substrate 200 (see Figs. 9-10 and paragraphs 64, 67, 68, 107); and the mirror layer 350 includes a plurality of mirror members (350 for each pixel) having a one-to-one correspondence to the plurality of photosensitive devices (APD comprising 111, 111a, 111c from each pixel) (see Figs. 9-10 and paragraphs 75, 77, 85, 107; note one mirror 350 below each APD).
With respect to claim 10, Uehira teaches the image sensor according to claim 9, wherein: the array substrate 200 further includes a plurality of isolation structures (140 comprising 141, 142, 143) disposed between adjacent photosensitive devices (APD comprising 111, 111a, 111c) of the plurality of photosensitive devices (APD comprising 111, 111a, 111c from each pixel) (see Figs. 9-10 and paragraphs 69, 70, 72, 107-109).
With respect to claim 11, Uehira teaches the image sensor according to claim 10, wherein: a projection of the plurality of mirror members (350 for each pixel) on the first surface 201 of the array substrate 200 and a projection of the plurality of isolation structures (140 comprising 141, 142, 143) on the first surface 201 of the array substrate 200 are separated from each other (see Figs. 9-10 and paragraphs 69, 70, 72, 107-109; note separation in Fig. 10).
With respect to claim 12, Uehira teaches the image sensor according to claim 1, wherein: the interconnection structure layer (comprising 311a, 320, 330, 361, 362) includes a plurality of first interconnection layers 320 and a plurality of connectors 311a, wherein the plurality of connectors 311a are electrically connected to both the one or more photosensitive devices (APD comprising 111, 111a, 111c from each pixel) and the plurality of first interconnection layers 320 respectively, pass through the mirror layer 350, and are electrically insulated from the mirror layer 350 (see Figs. 9-10 and paragraphs 75-77, 83, 85, 108).
With respect to claim 13, Uehira teaches the image sensor according to claim 12, wherein: the interconnection structure layer (comprising 311a, 320, 330, 361, 362) further includes a dielectric material (of 301); and the plurality of first interconnection layers 320 are disposed in the dielectric material (of 301) (see Figs. 9-10 and paragraphs 75, 77, 131).
With respect to claim 15, Uehira teaches the image sensor according to claim 1, further comprising: a logic substrate 500 disposed at a side of the interconnection structure layer (comprising 311a, 320, 330, 361, 362) facing away from the array substrate 200, and electrically connected to the array substrate 200 through the interconnection structure layer (comprising 311a, 320, 330, 361, 362) (see Figs. 9-10 and paragraphs 64, 75-77, 79; note signal output to pixel circuit for processing).
With respect to claim 16, Uehira teaches a method of forming a backside illuminated (BSI) image sensor in at least Figs. 9-10, 18A-19B with Figs. 1A-8 teaching overlapping subject matter, comprising:
forming an array substrate 200 containing one or more photosensitive devices (APD comprising 111, 111a, 111c) and including a first surface 201 (see Figs. 9-10, 18A, and paragraphs 64, 67, 68, 107, 131);
forming a mirror layer 350 over the first surface 201 of the array substrate 200 (see Figs. 9-10, 18B, 18C and paragraphs 75, 77, 85, 107, 132, 133; note 350 reflects light having passed through the APD); and
forming an interconnection structure layer (comprising 311a, 320, 330, 361, 362) over the mirror layer 350, the interconnection structure layer being electrically connected (by way of 311a) to the one or more photosensitive devices (APD comprising 111, 111a, 111c) (see Figs. 9-10, 18B, 18C, and paragraphs 75-77, 85, 108, 132, 133).
With respect to claim 17, Uehira teaches the method according to claim 16, further comprising: forming an isolation layer 301 over the first surface 201 of the array substrate 200 before forming the mirror layer 350; and forming the mirror layer 350 over the isolation layer 301 (see Figs. 9, 10, 18A-18C, and paragraphs 75, 77, 131, 132; note 301 between 350 and surface 201).
With respect to claim 18, Uehira teaches the method according to claim 16, wherein a plurality of photosensitive devices (APD comprising 111, 111a, 111c from each pixel) is disposed within the array substrate 200 (see Figs. 9-10, 18A, and paragraphs 64, 67, 68, 107, 131); and forming the interconnection structure layer (comprising 311a, 320, 330, 361, 362) over the mirror layer 350 includes: forming a plurality of connectors 311a passing through the mirror layer 350, the plurality of connectors 311a being electrically connected to the plurality of photosensitive devices (APD comprising 111, 111a, 111c from each pixel) respectively and being electrically insulated from a plurality of mirror members (350 for each pixel) of the mirror layer 350; and forming a plurality of first interconnection layers 320 that are electrically connected to the plurality of connectors 311a (see Figs. 9-10, 18A-18C, and paragraphs 75-77, 83, 85, 108, 131-133).
With respect to claim 19, Uehira teaches the method according to claim 18, wherein forming the interconnection structure layer (comprising 311a, 320, 330, 361, 362) over the mirror layer 350 further includes: forming a dielectric material (of 301) over the mirror layer 350; wherein: when forming the plurality of connectors 311a passing through the mirror layer 350, the plurality of connectors 311a pass through the dielectric material (of 301) and the plurality of mirror members (350 for each pixel) of the mirror layer 350; and when forming the plurality of first interconnection layers 320 electrically connected to the plurality of connectors 311s, the plurality of first interconnection layers 320 are formed in the dielectric material (of 301) (see Figs. 9-10, 18A-18C and paragraphs 75-77, 83, 85, 108, 131-133).
With respect to claim 20, Uehira teaches the method according to claim 16, further comprising: forming a plurality of isolation structures (140 comprising 141, 142, 143) between adjacent photosensitive devices (APD comprising 111, 111a, 111c) of the one or more photosensitive devices (APD comprising 111, 111a, 111c) (see Figs. 9-10, 18B, 18C, and paragraphs 69, 70, 72, 107-109, 132).
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 5 is rejected under 35 U.S.C. 103 as being unpatentable over Uehira (US 2022/0406835 A1) in view of Keung et al. (US 2018/0227521 A1; hereinafter Keung).
With respect to claim 5, Uehira discloses the image sensor according to claim 2.
Uehira does not disclose wherein: the isolation layer is made of a material including silicon nitride.
Keung discloses an image sensor in at least Fig. 6 wherein: an isolation layer 632 is made of a material including silicon nitride (see Fig. 6 and paragraph 36).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the isolation layer of Uehira would be made of a material including silicon nitride as taught by Keung because silicon nitride is a well-known material for isolation layers and it has been held by the courts that selection of a prior art material on the basis of its suitability for its intended purpose is within the level of ordinary skill (see MPEP 2144.07).
Claim 6, 7, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Uehira (US 2022/0406835 A1) in view of Wu et al. (US 2023/0215891 A1; hereinafter Wu).
With respect to claim 6, Uehira discloses the image sensor according to claim 2.
Uehira does not explicitly disclose wherein: a thickness of the isolation layer ranges from 100Å to 1000Å.
Wu discloses a similar image sensor in Figs. 1-6 wherein: a thickness of an isolation layer 130 ranges from 100Å to 1000Å (see Figs. 1-6 and paragraph 40).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention wherein: a thickness of the isolation layer ranges from 100Å to 1000Å since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only ordinary skill in the art (see MPEP 2144.05 I).
With respect to claim 7, Uehira discloses the image sensor according to claim 1.
Uehira does not explicitly disclose wherein: a distance between the mirror layer and the first surface of the array substrate ranges from 100Å to 1000Å.
Wu discloses a similar image sensor in Figs. 1-6 comprising a distance between a mirror layer 142 and a first surface 100a of an array substrate 100 (see Figs. 1-6 and paragraph 35, 43, 44, 52).
Wu does not explicitly disclose wherein this distance ranges from 100Å to 1000Å. However, Wu discloses that the first dielectric layer 130, which is between the mirror layer 142 and the first surface 100a, is about 500 Å to 4000 Å (see paragraph 40).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that a distance between the mirror layer and the first surface of the array substrate of Uehira would range from 100Å to 1000Å based on the teachings of Wu because the thickness of the first dielectric layer 130 suggests that the distance would have such a range because a prima facie case of obviousness exists where device dimensions of the prior art are such that one of ordinary skill in the art would have expected them to have the same performance (see MPEP 2144.04 IV A). Additionally, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only ordinary skill in the art (see MPEP 2144.05 I).
With respect to claim 14, Uehira discloses the image sensor according to claim 12.
Uehira does not explicitly disclose wherein: a distance between the plurality of first interconnection layers and the first surface of the array substrate ranges from 3000 Å to 6000 Å.
Wu discloses a similar image sensor in Figs. 1-6 comprising a distance between a plurality of first interconnection layers 182a and a first surface 100a of the array substrate 100 (see Figs. 1-6 and paragraphs 44-46, 48).
Wo does not explicitly disclose wherein this distance ranges from 3000 Å to 6000 Å. However, Wu discloses that the first dielectric layer 130, which is between the mirror layer 142 and the first surface 100a, is about 500 Å to 4000 Å (see paragraph 40).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that a distance between the plurality of first interconnection layers and the first surface of the array substrate of Uehira would range from 3000 Å to 6000 Å based on the teachings of Wu because the thickness of the first dielectric layer 130 suggests that the distance would have such a range because a prima facie case of obviousness exists where device dimensions of the prior art are such that one of ordinary skill in the art would have expected them to have the same performance (see MPEP 2144.04 IV A). Additionally, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only ordinary skill in the art (see MPEP 2144.05 I).
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JORDAN M KLEIN whose telephone number is (571)270-7544. The examiner can normally be reached 9:00 am - 5:00 pm.
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/J.M.K/Examiner, Art Unit 2893
/SUE A PURVIS/ Supervisory Patent Examiner, Art Unit 2893