Prosecution Insights
Last updated: October 02, 2026
Application No. 18/618,477

IMAGE SENSOR AND MANUFACTURING METHOD THEREOF

Non-Final OA §103
Filed
Mar 27, 2024
Priority
Jul 14, 2023 — RE 10-2023-0091954
Examiner
RODELA, EDUARDO A
Art Unit
Tech Center
Assignee
Samsung Electronics Co., Ltd.
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
932 granted / 1080 resolved
+26.3% vs TC avg
Moderate +6% lift
Without
With
+5.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
27 currently pending
Career history
1099
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
58.6%
+18.6% vs TC avg
§102
18.3%
-21.7% vs TC avg
§112
15.0%
-25.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1080 resolved cases

Office Action

§103
DETAILED ACTION This correspondence is in response to the communications received July 17, 2026. Claims 1-9, 11 and 12 are pending. 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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Election/Restrictions Applicant’s election without traverse of Group I (structure claims), Species I (second separating pattern is conductive), Sub-Species i (first and third separating patterns comprise different materials) in the reply filed on July 17, 2026 is acknowledged. Claims 10 and 13-20 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, Species II and Sub-Species ii, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on July 17, 2026. Relevant Prior Art Furumi et al. (US 12,100,722) Fig. 12, shown below. PNG media_image1.png 310 292 media_image1.png Greyscale Kim (US 2024/0274629 also US 12,720,888) Fig. 5A, shown below. ¶ 0076, “The pixel separation region DTI may include a first insulating layer 232, a second insulating layer 234, a third insulating layer 236, a first conductive layer 242, and a second conductive layer 244.” PNG media_image2.png 496 772 media_image2.png Greyscale Cheng et al. (US 2022/0367535) Fig. 1, shown below. PNG media_image3.png 628 588 media_image3.png Greyscale PNG media_image4.png 1144 494 media_image4.png Greyscale Park (US 9,741,759) Fig. 1B, shown below. PNG media_image5.png 534 792 media_image5.png Greyscale Noh et al. (US 2024/0222408) Fig. 4 and 5B, shown below. PNG media_image6.png 600 568 media_image6.png Greyscale PNG media_image7.png 508 756 media_image7.png Greyscale Park (US 2023/0299107) Fig. 1, shown below. PNG media_image8.png 642 534 media_image8.png Greyscale Kim (US 2023/0282667) Fig. 5, shown below. PNG media_image9.png 632 452 media_image9.png Greyscale Park (US 2023/0246052) Fig. 1, shown below. PNG media_image10.png 582 576 media_image10.png Greyscale Kim et al. (US 2023/0215892) Fig. 3, shown below. PNG media_image11.png 630 540 media_image11.png Greyscale Um et al. (US 2023/0207595) Fig. 5A, shown below. PNG media_image12.png 478 548 media_image12.png Greyscale Applicant’s Claim to Figure Comparison It is noted that this comparison is merely for the benefit of reviewers of this office action during prosecution, to allow for an understanding of the examiner’s interpretation of the Applicant’s independent claims as compared to disclosed embodiments in Applicant’s Figures. No response or comments are necessary from Applicant. PNG media_image13.png 666 588 media_image13.png Greyscale Regarding claim 1, the Applicant discloses in Figs. 5 and 6, an image sensor comprising: a substrate (400, ¶ 0066) comprising a first side (lower side) and a second side facing the first side (upper side); pixels (PX) comprising a photoelectric conversion layer (10, ¶ 0066) in the substrate (in 400) and a transistor (TX) on the first side of the substrate (lower side of 400); and a pixel separating pattern (450, ¶ 0066) between the pixels (between plural PX), wherein the pixel separating pattern (450) comprises a first separating pattern (451, ¶ 0079), a second separating pattern (452, ¶ 0079), and a third separating pattern (453, ¶ 0079), wherein the second separating pattern is conductive (“The second separating pattern 452 may include a crystalline semiconductor material, for example, polysilicon. For example, the second separating pattern 452 may further include a dopant, and the dopant may include impurities of a first conductive type or impurities of a second conductive type.”, ¶ 0132), and the first separating pattern (“The first separating pattern 451 may include a silicon-based insulating material (e.g., silicon nitride, silicon oxide, or silicon oxynitride). For example, the first separating pattern 451 may include silicon oxide.”, ¶ 0082) and the third separating pattern are non-conductive (“The third separating pattern 453 may include a silicon-based insulating material (e.g., silicon nitride, silicon oxide, or silicon oxynitride).”, ¶ 0138), PNG media_image14.png 696 356 media_image14.png Greyscale wherein the second separating pattern (452) is nearer the first side of the substrate (lower side of 400) than is the third separating pattern (453, see Fig. 6 above), and wherein a first end of the first separating pattern (top end of 451), a first end of the second separating pattern (top end of 452), and a first end of the third separating pattern (top end of 453) are on the second side of the substrate (upper side of 400). 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. Claims 1-5 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (US 2023/0089511) in view of Furumi et al. (US 12,100,722). PNG media_image15.png 796 1214 media_image15.png Greyscale Regarding claim 1, the prior art of Chen discloses in Figs. 2-18, an image sensor (see title, “… IMAGE SENSOR”) comprising: a substrate (“substrate 202”, ¶ 0012) comprising a first side (“202a”, ¶ 0012) and a second side (“202b”, ¶ 0012) facing the first side (202b facing 202a); pixels (“pixel region 1000 … pixel 232”, ¶ 0022) comprising a photoelectric conversion layer (“Each of the pixels includes a photodiode, or other suitable photoelectric element”, ¶ 0001, where the photoelectric conversion layer is the region labeled 232, however the Chen reference does not explicitly state this, so a secondary reference will be utilized below, to disclose this feature. Further implied in “isolation structures 206 formed in each of the pixel regions 1000 to isolate adjacent components (e.g., a photodiode and associated transistors)”, ¶ 0013, where this arguably does disclose the feature as claimed.) in the substrate (photodiode device that is implied to be at region 232 in 202) and a transistor (transistor shown per pixel, with “gate structure 231”, ¶ 0022, and mentioned in “isolation structures 206 formed in each of the pixel regions 1000 to isolate adjacent components (e.g., a photodiode and associated transistors)”, ¶ 0013) on the first side of the substrate (transistor shown at side 202a); and a pixel separating pattern (“isolation structure 250”, ¶ 0012) between the pixels (between 1000/232), PNG media_image16.png 710 862 media_image16.png Greyscale wherein the pixel separating pattern (250) comprises a first separating pattern (interpreted to be both of “dielectric liner 216”, ¶ 0027, and “dielectric layer 230”, ¶ 0021), a second separating pattern (“metal layer 246”, ¶ 0026 OR for an “alternative interpretation” for rejecting claim 9, the “second separating pattern” is formed from “metal layer 246”, ¶ 0026 and 218, where “218 includes doped polysilicon”, ¶ 0018), and a third separating pattern (“seam (air gap) 248”, ¶ 0026), wherein the second separating pattern is conductive (“metal layer 246”, ¶ 0026), and the first separating pattern (“dielectric liner 216”, ¶ 0027, and “dielectric layer 230”, ¶ 0021) and the third separating pattern (“seam (air gap) 248”, ¶ 0026) are non-conductive (both materials for 216/230 and 248 are non-conductive, where dielectric is not conductive, as well as air is non-conductive), wherein the second separating pattern (246) is nearer the first side (202a) of the substrate (202) than is the third separating pattern (246 has a portion which is closer to 202a, than the closest portion of 248 to 202a), and wherein a first end of the first separating pattern, a first end of the second separating pattern, and a first end of the third separating pattern are on the second side of the substrate (Looking to Fig. 18, the upper ends of portion 216 of 216/230 and 246 are positioned directly at the upper side 202b of 202. A widely held definition of ‘on’, as found at merriam-webster.com, is “on … used as a function word to indicate position in close proximity with”. With that meaning, the upper end of 248 is in close proximity to the upper surface 202b of 202). Chen does not explicitly disclose, “pixels comprising a photoelectric conversion layer”. PNG media_image17.png 542 600 media_image17.png Greyscale PNG media_image18.png 708 1082 media_image18.png Greyscale Furumi discloses in Figs. 13 and 18, where, “a pixel separation portion configured to demarcate a pixel region”, col. 2, lines 10-15, so each pixel is a region between the “pixel separation portion 150”, col. 6, line 48. Then in that pixel region, the element 160 is the “photoelectric conversion portion 160”, col. 6, line 35. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to utilize the limitation of, “pixels comprising a photoelectric conversion layer”, as disclosed by Furumi in the system of Chen, for the purpose of providing an array of individual semiconducting material regions which can, together, capture impinging light information for conversion to electrical signals to be able to capture imaging data . (G) Some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention. Regarding claim 2, the prior art of Chen et al. disclose the image sensor of claim 1, and Chen discloses in Figs. 2-18, further comprising: a first trench (“trench 212”, ¶ 0017, in Fig. 4, which ultimately penetrates both surfaces by the step of Fig. 12, where both sides 202a and 202b intersect with the 212 trench now represented by the materials which now fill said trench in Fig. 12, hereinafter referred to as ‘FT’) penetrating the first side and the second side of the substrate (FT intersect with both 202a and 202b, see note below for product-by-process aspect below.); and a second trench (“STI structures 204 … STI structures 206”, ¶ 0017) on the first side of the substrate and abutting the first trench (204/206 are formed at the 202a side of 202, and they also coincide with FT), wherein the first separating pattern (216/230) comprises a first portion along an edge of the first trench (portion 216 has a portion along edge of FT) and a second portion in the second trench (portion 230 is in region of 204/206). It is noted that the limitation of “a first trench penetrating the first side and the second side of the substrate” is considered to be a process limitation, and since the current claim is directed to a device structure, this limitation is considered a “product by process” feature, wherein the claim is directed to the product, and no matter how the structure is actually made, it is the final product which must be determined in a claim directed to an product, and not the patentability of the process. MPEP 2113, I. "[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) Regarding claim 3, the prior art of Chen et al. disclose the image sensor of claim 2, and Chen discloses in Figs. 2-18, wherein the second separating pattern (“metal layer 246”, ¶ 0026, see Fig. 18) is in the first trench (in aforementioned FT), and wherein the first separating pattern (interpreted to be both of “dielectric liner 216”, ¶ 0027, and “dielectric layer 230”, ¶ 0021) is between the second separating pattern (“metal layer 246”, ¶ 0026) and the substrate (“substrate 202”, ¶ 0012). Regarding claim 4, the prior art of Chen et al. disclose the image sensor of claim 3, and Chen discloses in Figs. 2-18, wherein the second separating pattern (“metal layer 246”, ¶ 0026, see Fig. 18) comprises a first portion filling a center region of the first trench (the “first portion” is interpreted to be 246 at centermost region along FT and vertically at the same level as 248) and a second portion along the first portion of the first separating pattern (the “second portion” is interpreted to be the portion of 246 that is below where 248 is located, see Fig. 18. This is the same configuration as Applicant’s Fig. 6, region 452A, see analysis of claim 5 against Applicant’s Fig. 6, immediately below). Applicant’s claim to fig comparison for claim 5 (below) Regarding claim 5, the Applicant disclose the image sensor of claim 4, and Chen discloses in Figs. 2-18, wherein the third separating pattern (453) is disposed in a region inside the second portion of the second separating pattern (second portion of 452 is 452B, where 453 is inside), and wherein the third separating pattern (453) overlaps the first portion of the second separating pattern in a thickness direction of the substrate (453 overlaps 452A in vertical direction). Applicant’s claim to fig comparison for claim 5 (above) Regarding claim 5, the prior art of Chen et al. disclose the image sensor of claim 4, and Chen discloses in Figs. 2-18, wherein the third separating pattern (“seam (air gap) 248”, ¶ 0026) is disposed in a region inside the second portion of the second separating pattern (248 is located at previously defined second portion of the second separating pattern “metal layer 246”, ¶ 0026, which is portion of 246 which vertically overlaps with 248), and wherein the third separating pattern (248) overlaps the first portion of the second separating pattern in a thickness direction of the substrate (along a vertical line, 248 overlaps with the portion of 246 that does not accommodate 248, so the part of 246 below 248). Regarding claim 8, the prior art of Chen et al. disclose the image sensor of claim 1, and Chen discloses in Figs. 2-18, wherein the first separating pattern (216/230) and the third separating pattern (248) comprise different materials (“dielectric liner 216”, ¶ 0027, and “dielectric layer 230”, ¶ 0021, are different materials than, “seam (air gap) 248”, ¶ 0026). Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (US 2023/0089511) in view of Furumi et al. (US 12,100,722) in view of Wu et al. (US 2018/0158850). Regarding claim 6, the prior art of Chen et al. disclose the image sensor of claim 5, and Chen does not disclose, “wherein a length of the third separating pattern in the thickness direction of the substrate is equal to or greater than 1 μm.” PNG media_image19.png 442 736 media_image19.png Greyscale PNG media_image20.png 462 740 media_image20.png Greyscale The prior art of Wu discloses in Figs. 2C-2I, wherein a partial trench in a pixel separation region is formed to “depth of the trenches 224, measured from the back surface 206 of the semiconductor substrate 202, is in a range substantially from 1 micrometers to 10 micrometers.”, ¶ 0045. It is further noted that the “dielectric material 28”, ¶ 0049, ultimately in trench 224, would have a depth which is not significantly reduced by “high-k layer 226”, ¶ 0050, liner layer. So the quoted depth would be largely the same for 228 after deposition of liner 226. This partial trench through depth of photoelectric conversion layer substrate discloses the claimed limitation. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to utilize the limitation of, “wherein a length of the third separating pattern in the thickness direction of the substrate is equal to or greater than 1 μm.”, as disclosed by Wu in the system of Chen, for the purpose of providing a pixel separation trench to a substantial depth so as to provide adequate lateral light blocking ability between the pixels to improve pixel signal definition. (G) Some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention. Claims 9, 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (US 2023/0089511) in view of Furumi et al. (US 12,100,722) in view of Cheng et al. (US 2021/0335861). Regarding claim 9, the prior art of Chen et al. disclose the image sensor of claim 1, and Chen discloses in Figs. 2-18, wherein the first separating pattern comprises silicon oxide (“the dielectric liner 216”, ¶ 0020, where the material for dielectric material is discloses as, “The dielectric material may include silicon oxide”, ¶ 0021), wherein the second separating pattern comprises polysilicon (in the alternative interpretation, the “second separating pattern” is formed from “metal layer 246”, ¶ 0026 and 218, where “218 includes doped polysilicon”, ¶ 0018). However Chen does not specify, “wherein the third separating pattern comprises silicon nitride.” PNG media_image21.png 610 438 media_image21.png Greyscale PNG media_image22.png 284 166 media_image22.png Greyscale Cheng discloses in Fig. 18, where a first pixel separating pattern “liner 114”, ¶ 0017, second pixel separating pattern “liner 113”, ¶ 0026, and third pixel separating pattern “dielectric fill layer 112”, ¶ 0026, create a pixel separation region. Then it is clear that the void space that 113 creates is similar to an air void construction, however in this case the reference stops short before formation of the air void, and fills the space with silicon nitride, “dielectric fill layer 112 may be made of … silicon nitride”, para 0017. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to utilize the limitation of, “wherein the third separating pattern comprises silicon nitride.”, as disclosed by Cheng in the system of Chen, for the purpose of providing filling material which can improve the mechanical robustness of the overall device and prevent intrusion of environmental contaminants during fabrication and subsequent service lifetime. (G) Some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention. Regarding claim 11, the prior art of Chen et al. disclose the image sensor of claim 1, and Chen does not disclose, “further comprising: a surface insulation layer on the second side of the substrate.” PNG media_image23.png 242 748 media_image23.png Greyscale Cheng discloses in Figs. 18-20 (figure provided above as portion from Fig. 20), further comprising: a surface insulation layer (“A dielectric liner 508 lines sidewall and top of the composite grid 506”, ¶ 0029) on the second side of the substrate (on light facing side of “substrate 102’”, ¶ 0032). It is noted that this arrangement is compatible with the similar arrangement of Chen Fig. 18. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to utilize the limitation of, “further comprising: a surface insulation layer on the second side of the substrate.”, as disclosed by Cheng in the system of Chen, for the purpose of providing a sealing material which can improve the mechanical robustness of the overall device and prevent intrusion of environmental contaminants during fabrication and subsequent service lifetime. (G) Some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention. Regarding claim 12, the prior art of Chen et al. disclose the image sensor of claim 11, and Cheng discloses in Fig. 18, wherein the third separating pattern (112) further comprises a void (see partial void created by almost closed void of 113 layer in Fig. 18), and wherein the void is filled with the surface insulation layer (“dielectric fill layer 112”, ¶ 0026, fills the space with silicon nitride, “dielectric fill layer 112 may be made of … silicon nitride”, para 0017). Allowable Subject Matter Claim 7 is 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. The prior art of Chen et al. (US 2023/0089511) discloses a similar arrangement in Fig. 18, but does not cite any relative sizes with regard to the “third separating pattern” in comparison to the “second separating pattern”, and therefore does not disclose the content of claim 7. “7. The image sensor of claim 5, wherein a length of the third separating pattern in the thickness direction of the substrate is equal to or less than 70 % of a length of the second separating pattern in the thickness direction of the substrate.” Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to Eduardo A Rodela whose telephone number is (571)272-8797. The examiner can normally be reached M-F, 8:30-5:00pm 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, Yara B Green can be reached on (571) 270-3035. 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. /EDUARDO A RODELA/Primary Examiner, Art Unit 2893
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Prosecution Timeline

Mar 27, 2024
Application Filed
Sep 21, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
86%
Grant Probability
92%
With Interview (+5.7%)
2y 2m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1080 resolved cases by this examiner. Grant probability derived from career allowance rate.

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