Prosecution Insights
Last updated: October 02, 2026
Application No. 18/507,696

BACKSIDE ILLUMINATION IMAGE SENSOR AND METHOD OF FORMING THE SAME

Final Rejection §102§103
Filed
Nov 13, 2023
Priority
Nov 16, 2022 — CN 202211435752.1
Examiner
KLEIN, JORDAN M
Art Unit
2893
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Semiconductor Manufacturing International Corporation
OA Round
2 (Final)
86%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
465 granted / 544 resolved
+17.5% vs TC avg
Moderate +8% lift
Without
With
+8.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
19 currently pending
Career history
561
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
52.5%
+12.5% vs TC avg
§102
31.0%
-9.0% vs TC avg
§112
13.0%
-27.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 544 resolved cases

Office Action

§102 §103
DETAILED ACTION This Office Action is in response to the applicant's amendment filed May 11th, 2026. In virtue of this communication, claims 1, 3-16, and 18-22 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 § 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, 3, 4, 9-13, 15, 16, and 18-22 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 302 disposed at a side of the first surface 201 of the array substrate 200 (see Figs. 9-10 and paragraphs 68, 75, 77; note 302 capable of reflecting light); an isolation layer 301 disposed between the mirror layer 302 and the first surface 201 of the array substrate 200, the isolation layer 301 being an only layer disposed between the mirror layer 302 and the first surface 201 of the array substrate 200 (see Figs. 9-10 and paragraphs 75, 77); and an interconnection structure layer (comprising 311a, 320, 330, 361, 362) disposed at a side of the mirror layer 302 facing away from the array substrate 200, and electrically connected (by way of 311a) to the one or more photosensitive devices (APD comprising 111, 111a, 111c) (see Figs. 9-10 and paragraphs 75-77, 85, 108). With respect to claim 3, Uehira teaches the image sensor according to claim 1, wherein: the isolation layer 301 is in contact with the first surface 201 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 1, wherein: the isolation layer 301 is in contact with the mirror layer 302 (see Figs. 9-10 and paragraphs 75, 77). With respect to claim 9, Uehira teaches the image sensor according to claim 1, wherein: the one or more photosensitive devices include a plurality of photosensitive devices (APD comprising 111, 111a, 111c from each pixel) that is disposed within the array substrate 200 (see Figs. 9-10 and paragraphs 64, 67, 68, 107); and the mirror layer 302 includes a plurality of mirror members (302 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, 131, 132; note 302 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 (302 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; 140 extend through 302 so projections are separated). With respect to claim 12, Uehira teaches the image sensor according to claim 1, wherein: the one or more photosensitive devices include a plurality of photosensitive devices (APD comprising 111, 111a, 111c from each pixel) (see Figs. 9-10 and paragraphs 64, 67, 68, 107); 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, and pass through the mirror layer 302 (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 302 over the first surface 201 of the array substrate 200 (see Figs. 9-10 and paragraphs 68, 75, 77, 107, 131; note 302 capable of reflecting light); forming an isolation layer 301 disposed between the mirror layer 302 and the first surface 201 of the array substrate 200, the isolation layer 301 being an only layer disposed between the mirror layer 302 and the first surface 201 of the array substrate 200 (see Figs. 9-10 and paragraphs 75, 77, 131; note 301 between 302 and 201); and forming an interconnection structure layer (comprising 311a, 320, 330, 361, 362) over the mirror layer 302, 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 18, Uehira teaches the method according to claim 16, wherein the one or more photosensitive devices include a plurality of photosensitive devices (APD comprising 111, 111a, 111c from each pixel) that 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 302 includes: forming a plurality of connectors 311a passing through the mirror layer 302, the plurality of connectors 311a being electrically connected to the plurality of photosensitive devices (APD comprising 111, 111a, 111c from each pixel) respectively; 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 302 further includes: forming a dielectric material (of 301) over the mirror layer 302; wherein: the mirror layer 302 includes a plurality of mirror members (302 for each pixel); when forming the plurality of connectors 311a passing through the mirror layer 302, the plurality of connectors 311a pass through the dielectric material (of 301) and the plurality of mirror members (302 for each pixel) of the mirror layer 302; 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). With respect to claim 21, Uehira teaches the image sensor according to claim 12, wherein: the mirror layer 302 includes a plurality of mirror members (302 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, 131, 132; note 302 below each APD); and each of the plurality of first interconnection layers 320 and each of the plurality of mirror members (302 for each pixel) have a same length along a direction parallel to the array substrate 201 (see Figs. 9-10 and paragraphs 75-77, 83, 85, 108; 302 has a length along a direction parallel to 201 that is the same as the length of 320. It is noted that the claim does not require the total length of the mirror members to be exactly the same as the interconnection layers and not extend past that length. It is also noted that the applicant has not disclosed that this same length requirement solves any problem or is for a particular reason.). With respect to claim 22, Uehira teaches the method according to claim 19, wherein: the mirror layer 302 includes a plurality of mirror members (302 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, 131, 132; note 302 below each APD); and each of the plurality of first interconnection layers 320 and each of the plurality of mirror members (302 for each pixel) have a same length along a direction parallel to the array substrate 201 (see Figs. 9-10 and paragraphs 75-77, 83, 85, 108; 302 has a length along a direction parallel to 201 that is the same as the length of 320. It is noted that the claim does not require the total length of the mirror members to be exactly the same as the interconnection layers and not extend past that length. It is also noted that the applicant has not disclosed that this same length requirement solves any problem or is for a particular reason.). 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 1. 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). Claims 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 1. 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). Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Uehira (US 2022/0406835 A1) in view of Lenchenkov (US 2015/0228689 A1). With respect to claim 8, Uehira discloses the image sensor according to claim 1. Uehira does not explicitly disclose wherein: the mirror layer is made of a material including aluminum. It is noted that the mirror layer 302 is made of silicon nitride (see paragraph 77). Lenchenkov discloses an image sensor in at least Fig. 4 wherein: a mirror layer 34 is made of a material including aluminum (see Fig. 4 and paragraph 33). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the mirror layer of Uehira would be made of a material including aluminum as taught by Lenchenkov because aluminum is a well-known reflective material 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; it is noted that the list of suitable materials for the reflective structures 34 of Lenchenkov includes aluminum and silicon nitride). Response to Arguments Applicant’s arguments, see pages 9 and 10 of the response filed May 11th, 2026, with respect to the amended claims 1 and 16 under 102(a)(2) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. Upon further consideration, a new ground of rejection is made in view of Uehira. The applicant correctly points out that, as previously rejected with Uehira, the isolation layer 301 is not the only layer disposed between the mirror layer 350 and the first surface 201 of the array substrate 200. However, as currently rejected, the isolation layer 301 is the only layer disposed between the mirror layer 302 and the first surface 201 of the array substrate 200 (see Fig. 9 of Uehira and the rejection of claims 1 and 16 above). Uehira teaches that a material capable of reflecting light is used for the optical thin film 302 (see Uehira paragraph 75). Therefore, the claims remain rejected as outlined above. Conclusion Applicant's amendment necessitated the new rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. 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. 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, Sue Purvis can be reached at 571-272-1236. 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. /J.M.K/Examiner, Art Unit 2893 /SUE A PURVIS/ Supervisory Patent Examiner, Art Unit 2893
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Prosecution Timeline

Nov 13, 2023
Application Filed
Feb 10, 2026
Non-Final Rejection mailed — §102, §103
May 11, 2026
Response Filed
Aug 10, 2026
Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
86%
Grant Probability
94%
With Interview (+8.0%)
2y 5m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 544 resolved cases by this examiner. Grant probability derived from career allowance rate.

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