DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 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.
Response to Amendment/Restriction
Applicant's election with traverse of Species I, claims 1 and 21; Subspecies A, claim 5; Sub-subspecies 1, claim 6, and generic claims 2-4 in the reply filed on July 10, 2026 is acknowledged. The traversal is on the ground(s) that “examination of all of the identified inventions and all of the pending claims would not result in a serious search and/or examination burden.” This is not found persuasive because the restriction requirement is under PCT Rule 13.1/13.2 of lacking unity of invention because the technical feature does not make a contribution over the prior art rather than under the search/examination burden under the US restriction practice.
The requirement is still deemed proper and is therefore made FINAL.
Specification
The title of the invention is broad and not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
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.
(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.
Claim(s) 1-6 and 21 are rejected under 35 U.S.C. 102(a)(1)(2) as being anticipated by U.S. Patent Application Publication No. 2020/0083268 A1 to Kim et al. (“Kim”). As to claim 1, Kim discloses a light detecting device, comprising: a plurality of pixels (PX) each having a photoelectric conversion region (110), wherein a structural body (311, 316) is formed in a lattice manner as viewed in plan on a semiconductor substrate (100) in which the photoelectric conversion region (110) is formed, the structural body (311, 316) having a first film (311) including a first material and a second film (316) including a second material different from the first material (See Fig. 3, Fig. 4, Fig. 5A, ¶ 0035, ¶ 0040, ¶ 0051, ¶ 0055). As to claim 2, Kim further discloses wherein the first film (311) is a low refractive index film (311) in which the first material has a predetermined refractive index (See ¶ 0055).
As to claim 3, Kim further discloses wherein the second film (316) is a high refractive index film (316) in which the second material has a higher refractive index than that of the first material (See ¶ 0051, ¶ 0055) (Notes: as evidenced by Column 12, lines 44-50 of Herner (US 11,004,895 B1), the index of refraction of aluminum oxide is 1.5 to 1.7).
As to claim 4, Kim further discloses wherein the second material is aluminum oxide (AlOx) (See ¶ 0051). As to claim 5, Kim further discloses wherein the structural body (311, 316) has a structure that reaches an element isolation region (101) formed in the semiconductor substrate (100), as viewed in section (See Fig. 4, Fig. 5A, ¶ 0040).
As to claim 6, Kim further discloses wherein the structural body (311, 316) has a structure that is thinner than the element isolation region (101) as viewed in section (See Fig. 4, Fig. 5A).
As to claim 21, Kim discloses an electronic apparatus, comprising: a light detecting device including a plurality of pixels (PX) each having a photoelectric conversion region (110), in which a structural body (311, 316) is formed in a lattice manner as viewed in plan on a semiconductor substrate (100) in which the photoelectric conversion region (110) is formed, the structural body (311, 316) having a first film (311) including a first material and a second film (316) including a second material different from the first material (See Fig. 3, Fig. 4, Fig. 5A, ¶ 0035, ¶ 0040, ¶ 0051, ¶ 0055).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID CHEN whose telephone number is (571)270-7438. The examiner can normally be reached M-F 12-6.
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/DAVID CHEN/Primary Examiner, Art Unit 2815
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