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 .
Response to Arguments
Applicant's arguments filed 04/08/2026 have been fully considered but they are not persuasive. The applicant’s argument for patentability based on the amended limitation of the independent claims is found unpersuasive in view of the following prior art rejections.
Applicant’s arguments with respect to claim(s) 1-18 have been considered but in response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies such as “a second air gap ... above the first air gap in a second direction” are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
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.
Claim(s) 1 and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Water Lur et al. (US 20040097065 A1) hereinafter referred to as “Lur”.
Regarding Claim 1 Lur teaches
An imaging element (Fig 13), comprising:
PNG
media_image1.png
479
803
media_image1.png
Greyscale
a wiring layer including a plurality of wiring lines that extend in a first direction;
a first barrier film on the wiring layer and having a first edge surface (the top most edge) above at least one wiring line of the plurality of wiring lines;
a first insulating film on the wiring layer and the first barrier film; (see diagram at right)
a first air gap (34 with at least a portion between wiring lines) between the wiring layer and the first insulating film, and between adjacent wiring lines of the plurality of wiring lines; and
a second air gap (42) above the at least one wiring line of the plurality of wiring lines above which the first edge surface (the first edge surface is above at least one wring line) is provided, and above the first air gap in a second direction (42 is above 34 vertically), wherein
the second air gap is laterally adjacent to the first edge surface, and
the first direction is perpendicular to the second direction.
PNG
media_image2.png
438
736
media_image2.png
Greyscale
Regarding Claim 16 Lur teaches
A method of manufacturing an imaging element, the method comprising:
forming a wiring layer including a plurality of wiring lines extending in a first direction;
PNG
media_image3.png
505
871
media_image3.png
Greyscale
forming a first barrier film on the wiring layer; (see diagram above)
forming a first opening in the first barrier film and between adjacent wiring lines of the plurality of wiring lines in a specific region of the wiring layer;
PNG
media_image4.png
505
871
media_image4.png
Greyscale
forming a first air gap (34) between adjacent wiring lines of the plurality of wiring lines, and
forming a first insulating film (see diagram above) such that a second air gap (42) is formed laterally adjacent to a first edge surface (see diagrams) defined by the first opening of the first barrier film, wherein
the second air gap is above at least one wiring line of the plurality of wiring lines above which the first edge surface is provided, and above the first air gap in a second direction, and
the first direction is perpendicular to the second direction.
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(s) 1, 6-11, 13-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoshihiko Nagahama (WO 2020179494 A1) using (US 20220123040 A1) as the English translation hereinafter referred to as “Nagahama”, and further in view of Water Lur et al. (US 20040097065 A1) hereinafter referred to as “Lur”.
Regarding Claim 1, Nagahama teaches:
An imaging element, comprising:
a wiring layer (123) including a plurality of wiring lines (123X1-123Y, Fig. 1, 3) that extend in a first direction;
a first barrier film (131) on the wiring layer and having a first edge surface above at least one wiring line of the plurality of wiring lines (Fig 3);
a first insulating film (132) on the wiring layer and the first barrier film;
a first air gap (G directly to the right of 123X2, Para. [0074]) between the wiring layer and the first insulating film, and between adjacent wiring lines of the plurality of wiring lines; and
a second air gap (G directly to the right of 123X3) above the at least one wiring line of the plurality of wiring lines above which the first edge surface is provided, wherein
the second air gap is laterally adjacent to the first edge surface
Nagahama is not relied upon to teach
the second air gap above the first air gap in a second direction, and the first direction is perpendicular to the second direction.
Lur teaches an air gap structure where
the second air gap (Fig 13 element 42) above the first air gap (element 34 ) in a second direction (vertical) , and the first direction is perpendicular to the second direction.
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the device of Nagahama such that the second air gap is above the first air gap in a second direction, and the first direction is perpendicular to the second direction, as described in Lur because the modification allows for maximum electrical isolation between adjacent metal structure and thusly reduces capacitance between lines. (Lur Para.
PNG
media_image5.png
63
66
media_image5.png
Greyscale
[0066][0070][0071]) Fig. 3
PNG
media_image6.png
515
704
media_image6.png
Greyscale
Regarding Claim 6, Nagahama in view of Lur teaches
The imaging element according to claim 1,
Nagahama further teaches
further comprising a third insulating film (142) on the first insulating film (132) and having a planar surface. (142 has a flat planar surface, Fig. 3)
Regarding Claim 7, Nagahama in view of Lur teaches
The imaging element according to claim 6,
Nagahama further teaches
further comprising a first electrically- conductive film (143) squarely opposed to at least a portion of the plurality of wiring lines (123X1-123Y), with the first insulating film(132) and the third insulating film (142) interposed therebetween. (Fig. 3)
Regarding Claim 8, Nagahama in view of Lur teaches
The imaging element according to claim 7,
Nagahama further teaches
wherein the first electrically-conductive film (143) is electrically coupled to the portion of the plurality of wiring lines via a coupling section(V2, 133 and V3) that penetrates the first insulating film and the third insulating film. (Fig. 3)
Regarding Claim 9, Nagahama in view of Lur teaches
The imaging element according to claim 1,
Nagahama further teaches
wherein the first insulating film(132) has an irregularity (132b) above the plurality of wiring lines.
Regarding Claim 10, Nagahama in view of Lur teaches
The imaging element according to claim 1,
Nagahama further teaches
wherein the first insulating film (132) includes a low-permittivity material (132a and 132b) having a relative permittivity k of 3.0 or less. (Para. [0080])
Regarding Claim 11, Nagahama in view of Lur teaches
The imaging element according to claim 1,
Nagahama further teaches
wherein the first barrier film (131) includes an insulating material. (Para. [0078])
Regarding Claim 13, Nagahama in view of Lur teaches
The imaging element according to claim 6,
Nagahama further teaches
wherein the third insulating film (142) includes a material having a polishing rate higher than a polishing rate of the first insulating film. (132). (Para. [0080], [0083])
Regarding Claim 14, Nagahama in view of Lur teaches
The imaging element according to claim 6,
Nagahama further teaches
wherein the third insulating film (142) includes silicon oxide, carbon-containing silicon oxide (Para. [0083]) , fluorine-doped silicon oxide, or silicon oxynitride.
Regarding Claim 15, Nagahama in view of Lur teaches
The imaging element according to claim 7,
Nagahama further teaches
further comprising:
a first substrate (10 and 20) including a first semiconductor substrate (11) including a sensor pixel (12 found in FD) that performs photoelectric conversion, and
a multilayer wiring layer (Fig. 23 element 56) in which the first electrically-conductive film (found in 23 and 24) is embedded and formed, wherein the multilayer wiring layer includes the third insulating film (142 found in 56); and
a second substrate (30) including a second semiconductor substrate (31) including a logic circuit (32) that processes a pixel signal based on electric charge outputted from the sensor pixel, and
a second multilayer wiring layer (62) in which a second electrically-conductive film (Fig. 22 element 64 and the unlabeled portion above 64) is embedded and formed, wherein the first substrate is electrically couped to the second substrate by bonding (58 and 64) between the first electrically-conductive film and the second electrically-conductive film. (Fig. 22, 23, and 19G)
Regarding Claim 16, Nagahama in view of Lur teaches
The imaging element according to claim 7,
Nagahama further teaches
A method of manufacturing an imaging element, the method comprising:
forming a wiring layer (123 and 133) including a plurality of wiring lines (123X1-123Y 133X1-133Y) extending in a first direction;
forming a first barrier film (131) on the wiring layer;
forming a first opening (v2 forms the opening) in the first barrier film (131) and between adjacent wiring lines of the plurality of wiring lines (133Y and 123Y) in a specific region of the wiring layer;
forming a first air gap (G directly to the right of 123X2) between adjacent wiring lines of the plurality of wiring lines, and
forming a first insulating film (132) such that a second air gap is formed (G directly to the right of 123X3) laterally adjacent to a first edge surface defined by the first opening of the first barrier film, wherein
the second air gap is above at least one wiring line of the plurality of wiring lines above which the first edge surface is provided,
Nagahama is not relied upon to teach
the second air gap above the first air gap in a second direction, and
the first direction is perpendicular to the second direction.
Lur teaches an air gap structure where
the second air gap (Fig 13 element 42) above the first air gap (element 34 ) in a second direction (vertical) , and the first direction is perpendicular to the second direction.
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the device of Nagahama such that the second air gap is above the first air gap in a second direction, and the first direction is perpendicular to the second direction, as described in Lur because the modification allows for maximum electrical isolation between adjacent metal structure and thusly reduces capacitance between lines. (Lur Para. [0066][0070][0071])
Regarding Claim 17, Nagahama in view of Lur teaches
The imaging element according to claim 16,
Nagahama further teaches
wherein, after the formation of the first opening (V2), a third insulating film(142) is formed that coats a top surface and the first edge surface of the first barrier film and top surfaces and side surfaces of the plurality of wiring lines.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nagahama in view of Lur as applied to claim 1 above, and further in view of Li-Qun Xia et al. (US 20090093100 A1) herein after referred to as “Xia”.
Regarding Claim 2, Nagahama in view of Lur teaches
The imaging element according to claim 1,
Nagahama does teach
The imaging element with a perpendicular first edge surface, but fails to teach a tapered shape as required by the claim limitations.
Xia teaches a multilevel interconnect structure with the wiring layer
wherein the first edge surface has a reverse tapered shape (160) in which an end on a side of the at least one wiring line is more retracted. (Fig. 3d)
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the device of Nagahama in view of Lur such that the edge surface has a reverse tapered shape, as described in Xia because the modification allows for the control of the aspect ratio meaning a larger size for further separation and isolation. (Para. [0012], [0078], [0079])
Claim(s) 3-5, 12, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nagahama in view of Lur as applied to claim 1 above, and further in view of Yu-Bey Wu et al. (US 20190157204 A1) hereinafter referred to as “Wu”.
Regarding claim 3, Nagahama in view of Lur teaches
The imaging element according to claim 1,
Nagahama further teaches
the first insulating film (132), the first barrier film (131) , and the wiring lines(123X1-123Y)
Nagahama is not relied on to teach
a second insulating film
Wu teaches a semiconductor device with metal wirings and
a second insulating film (230) between the first insulating film (150) and the first barrier film(200) and continuously coating the first edge surface and top surfaces and side surfaces of the plurality of wiring lines (100 Fig. 11).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the device of Nagahama in view of Lur to include a second insulating film provided between the first insulating film and the first barrier film and continuously coating the first edge surface and top surfaces and side surfaces of the plurality of wiring lines, as described in Wu, because the modification allows for the second insulating film to control how much of the first insulating film comes in contact with the air gap further determining the size and volume of the airgap. (See the difference between fig. 11 and 12 and 56 and 58 compared to 56’ and 58’ Para. [0046], [0040], [0041]).
Regarding claim 4, Nagahama in view of Lur in view of Wu teaches
The imaging element according to claim 3,
Nagahama further teaches
a third air gap (g directly to the right of 123X4)
Wu further teaches
a second barrier film (240) between the first barrier film(200) and the second insulating film(230) and having a second edge surface above the at least one wiring line together with the first edge surface (Fig.11), wherein the second barrier film has an etching rate different from the first barrier film;(Para. [0023], [0040]) and a third air gap (56) adjacent to the second edge surface of the second barrier film. (Fig. 11)
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the device of Nagahama in view of Lur in view of Wu to include a second barrier film provided between the first barrier film and the second insulating film and having a second edge surface above the wiring line together with the first edge surface, the second barrier film having an etching rate different from the first barrier film, as described Wu the modification allows for second barrier film to be a etch-stop layer acting as a barrier, on the inner portions of the grooves where the airgaps will lie, during the etching process. (Para. [0023],[0040])
Regarding claim 5, Nagahama in view of Lur in View of Wu teaches
The imaging element according to claim 4,
Wu further teaches
PNG
media_image7.png
68
109
media_image7.png
Greyscale
wherein the first edge surface is at a position different from a position of the second edge surface. (Fig.11)
PNG
media_image8.png
331
493
media_image8.png
Greyscale
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the device of Nagahama in view of Lur in View of Wu such that the first edge surface and the second edge surface are formed at positions different from each other, as described in Wu because this feature of the device allows for the layers to be separate to have one be an etch-stop layer only to protect the wirings and one to protect the inside of the grooves that will hold the air gaps. (Para. [0024], [0040], [0046])
Regarding claim 12, Nagahama in view of Lur teaches
The imaging element according to claim 1,
Nagahama further teaches
and an insulating first barrier layer for each of the plurality of wiring lines. However, the material was not explicitly metal
Wu Teaches
the first barrier film (fig 11 element 200) includes a metal material for each of the plurality of wiring lines.(Para. [0023])
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the device of Nagahama in view of Lur such that the first barrier film is formed using a metal material for each of the plurality of wiring lines, as described in Wu because the substitution of one known insulating material for another would result in a predictable result of a barrier film (Para. [0023])
Regarding claim 18, Nagahama in view of Lur teaches
The method of manufacturing the imaging element according to claim 16,
Nagahama further teaches
the first barrier film (131)
and forming, upon the formation of the first insulating film (132), a third air gap (G directly next to 123X4) adjacent to a second edge surface formed by the first opening of the second barrier film, together with the first air gap and the second air gap. (Fig. 4d and 4e)
Nagahama does not teach
A second barrier film.
Wu teaches
the method further comprising: forming, after the formation of the first barrier film (fig 10A element 200), a second barrier film (fig 11 element 240) having an etching rate different from the first barrier film;(para. [0023], [0040])
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the device of Nagahama in view of Lur such that forming, after the formation of the first barrier film, a second barrier film having an etching rate different from the first barrier film, as described in Wu because the modification allows for second barrier film to be a etch-stop layer acting as a barrier, on the inner portions of the grooves where the airgaps will lie, during the etching process. (Para. [0023],[0040])
Conclusion
Applicant's amendment necessitated the new ground(s) of 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAIME LYNN SPRENGER whose telephone number is (571)272-8444. The examiner can normally be reached Monday - Thursday, 7:30a.m. - 5:00p.m. 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, 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.
/JAIME LYNN SPRENGER/ Examiner, Art Unit 2893
/SUE A PURVIS/ Supervisory Patent Examiner, Art Unit 2893
Prosecution Insights