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 .
Status of Claims
The following is in response to the communication filed 7/6/2026.
Claims 1-20 are currently pending.
Claims 8-10 and 14-16 have been withdrawn.
Claims 1-7, 11-13, and 17-20 have been examined.
A new set of claims was submitted on 7/6/2026 along with the remarks. The claim set appears to have inadvertently mislabeled all claims as (Original) when some of the claims should have been marked as (Withdrawn) to match the claims the applicant had indicated as claims to withdraw in response to the Restriction sent on 6/26/2026 (regardless of arguments for traversal that were presented in the remarks).
An updated set of claims with corrected claim labels should be presented with any answer to this action.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d) to Korean Patent Application No. 10-2023-0087268, filed on July 5, 2023. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Election/Restriction
Applicant's election with traverse of Species A, Species C, and Species E in the reply filed on 7/6/2026 is acknowledged. According to applicant this includes claims 1-9, 11-13, and 17-20. The traversal is on the ground(s) that there are substantial overlap of common elements that applicant asserts would be naturally found when searching for another species. This is not found persuasive because as the search would be employing different search strategies or search queries it is not certain that the search for one species would necessarily result in finding the other species as there are multiple species that are distinct and non-obvious from each other.
Claims 8 and 9 are considered by the Examiner to appear to read on Species B. Therefore claims 8 and 9 will be withdrawn.
Claim 10 is considered by the Examiner to appear to read on Species F. Therefore will be withdrawn.
Therefore for purposes of examination the claims 1-7, 11-13, and 17-20 will be examined as they read on Species A, Species C, and Species E.
The requirement is still deemed proper and is therefore made FINAL.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 4/3/2024, are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: IMAGE SENSOR WITH LIGHT SPLITTER OVER MULTIPLE PHOTODIODES.
Claim Objections
Claim 17 is objected to because of the following informalities:
Claim 17 includes the following typo “wherein in a plan vie,” which the Examiner believes should read, “wherein in a plan view.”
Appropriate correction is required.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Nakata et al. US 20220392933 A1 (hereinafter Nakata) in view of Ebiko et al. US 20200027909 A1 (hereinafter Ebiko).
Regarding claim 1, Nakata discloses:
An image sensor (Nakata, Abstract, photoelectric conversion apparatus) comprising:
a substrate (semiconductor substrate 53) including a first photodiode (PD) region (Fig. 1, first photoelectric conversion unit 104) and a second PD region adjacent to the first PD region; (second photoelectric conversion unit 105 next to first photoelectric conversion unit 104)
a first PD having a first area, the first PD in the first PD region; ([0032], The second photoelectric conversion unit 105 by necessity has an area.)
a second PD having a second area smaller than the first area, the second PD in the second PD region; ([0032], The second photoelectric conversion unit 105 has an area that is smaller than the first photoelectric conversion unit 104.)
a micro-lens on the substrate and covering the first PD region; and (Fig. 1, on-chip lens 109.)
a light splitter between the substrate and the micro-lens, (Fig. 1, inner lens 108) and the light splitter including a material having a refractive index…, ([0035], the inner lens 108 is made of SiN which by necessity has a refractive index. The refractive index of SiN is n=2.)
wherein the light splitter extends from the first PD region to the second PD region. (See Fig. 1)
Nakata does not appear to directly disclose where the light splitter has “different from a refractive index of the micro-lens” because while Nakata discloses an on-chip lens 109 it does not disclose any material for the on-chip lens.
Ebiko, which teaches a light receiving element with an on-chip lens (Ebiko, Abstract), discloses a micro-lens (Fig. 2, on-chip lens 47) is formed by a resin ([0058], the on-chip lens is a styrene resin.). Resin such a styrene resin as a known refractive index of about 1.5. This is different from the refractive index of SiN as taught by Nakata for the inner lens ([0035], the inner lens is made of SiN.) SiN has a known refractive index of 2.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Nakata to have a light splitter with a different refractive index from the micro-lens as taught by Ebiko for purposes of using a resin material to provide both a protective coating for the top surface of the device as well as allow incident light to pass through the surface.
The following annotated drawing will be used in discussion of some of the dependent claims:
PNG
media_image1.png
834
1000
media_image1.png
Greyscale
Regarding claim 2, Nakata and Ebiko disclose all the elements of claim 1.
Nakata further discloses:
the first PD region includes a center portion (Annotated Fig. 1, area C) and an edge portion surrounding the center portion, (Annotated Fig. 1, area E) and
a horizontal area of the light splitter in the second PD region (Annotated Fig. 1, area A) is greater than a horizontal area of the light splitter in the edge portion of the first PD region. (See annotated Fig. 1, area A is greater than the area E adjacent to it.)
Regarding claim 3, Nakata and Ebiko disclose all the elements of claim 1.
Nakata further discloses:
the first PD region includes a center portion(Annotated Fig. 1, area C) and an edge portion surrounding the center portion, (Annotated Fig. 1, area E) and
a horizontal area of the light splitter in the center portion of the first PD region area C) is greater than a horizontal area of the light splitter in the edge portion (area E) of the first PD region. (See annotated Fig. 1, area C is greater than the area E adjacent to it.)
Regarding claim 4, Nakata and Ebiko disclose all the elements of claim 1.
Nakata further discloses:
wherein the light splitter (Fig. 1, inner lens 108) includes at least one of TiO2, SiO2, SiN, and amorphous silicon. ([0035], the inner lens 108 is made of SiN.)
Regarding claim 5, Nakata and Ebiko disclose all the elements of claim 1.
Nakata further discloses:
a direction parallel to an upper surface of the substrate and from a center portion of the first PD region to a center portion of the second PD region is defined as a first direction, (See annotated Fig. 3A, X-direction)
a direction parallel to the upper surface of the substrate and perpendicular to the first direction is defined as a second direction, and (Annotated Fig. 3A, Y-direction)
along the first direction from the center portion of the first PD to the center portion of the second PD, the light splitter has thickness in the second direction that varies. (See annotated Fig. 3A, from the center of the first photoelectric conversion unit 104 the inner lens 108 varies in thickness along the y-direction.)
Regarding claim 6, Nakata and Ebiko disclose all the elements of claim 1.
Nakata further discloses:
a deep trench isolation (DTI) (Fig. 1, first light blocking wall 106) that separates the first PD region (first photoelectric conversion unit 104) from the second PD region, (second photoelectric conversion unit 105) the light splitter (inner lens 108) vertically overlapping at least a portion of the DTI. (See Fig. 1.)
Claims 11-13, 17, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Nakata in view of Okawa US 20230230992 A1 et al. (hereinafter Okawa).
Regarding claim 11, Nakata discloses:
An image sensor (Nakata, Abstract, photoelectric conversion apparatus) comprising:
a substrate (semiconductor substrate 53) in which a first photodiode (PD) region (Fig. 1, first photoelectric conversion unit 104) and a second PD region are defined; (second photoelectric conversion unit 105 next to first photoelectric conversion unit 104)
a first PD having a first area in the substrate, the first PD in the first PD region; ([0032], The second photoelectric conversion unit 105 by necessity has an area.)
a second PD in the substrate, in the second PD having a second area smaller than the first area, and the second PD in the second PD region; ([0032], The second photoelectric conversion unit 105 has an area that is smaller than the first photoelectric conversion unit 104.)
a color filter (color filter layer 55) on the substrate (semiconductor substrate 53); and
a light splitter (inner lens 108) between the substrate(semiconductor substrate 53) and the color filter(color filter layer 55), or on the color filter, (color filter layer 55) (Fig. 1, the light splitter is considered by the Examiner to be on the color filter as it with in the device in a direct stack with the color filter even if it not directly touching or above the color filter.)
wherein the light splitter (Fig. 1, inner lens 108) includes a material having a refractive index ([0035], the inner lens 108 is made of SiN which by necessity has a refractive index. The refractive index of SiN is n=2.)…,
the light splitter vertically overlapping at least a portion of the first PD region and at least a portion of the second PD region. (See Fig. 1)
Nakata does not appear to directly disclose where the light splitter has “different from a refractive index of the color filter” because while Nakata discloses a color filter layer 55 it does not disclose any materials or properties of the materials for the color filter.
Okawa, which teaches photoelectric conversation device which has color filters, (Okawa, Abstract) discloses a color filter (Fig. 4A, color filter layer 33) and while specifical material isn’t disclosed the refractive index of the color filter layer would be 1.6 and 1.8. This is different from the refractive index of SiN as taught by Nakata for the inner lens ([0035], the inner lens is made of SiN.) SiN has a known refractive index of 2.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Nakata to have the light splitter having a different from a refractive index of the color filter as taught by Okawa for purposes of transmitting specific wavelengths of incident light desired to be receive by the photoelectric conversion device. (Okawa, [0071].)
Regarding claim 12, Nakata and Okawa disclose all the elements of claim 11.
Nakata further discloses:
wherein the light splitter is on the color filter. (Fig. 1, the light splitter is considered by the Examiner to be on the color filter as it with in the device in a direct stack with the color filter even if it not directly touching or above the color filter.)
Regarding claim 13, Nakata and Okawa disclose all the elements of claim 12.
Nakata further discloses:
a micro-lens on the light splitter, (Fig. 1, the inner lens 108 is considered by the Examiner to be on the on-chip lens 109 as it with in the device in a direct stack with the on-chip lens 109 even if the inner lens 108 is not in direct connect with the on-chip lens 109.)
wherein the micro-lens exposes at least a portion of the light splitter. (The on-chip 109 lens exposes the inner lens 108 to the light entering the device.)
Regarding claim 17, Nakata and Okawa disclose all the elements of claim 11.
Nakata further discloses:
a micro-lens on the color filter, (See Fig. 1, the color filter 55 is considered by the Examiner to be on the on-chip lens 109 as it with in the device in a direct stack with the on-chip lens 109.)
wherein the micro-lens covers an entirety of the first PD region, and (See Fig. 1)
the micro-lens vertically overlaps at least a portion of the second PD region. (See Fig. 1)
Regarding claim 18, Nakata and Okawa disclose all the elements of claim 18.
Nakata further discloses:
wherein the micro-lens exposes at least a portion of the color filter. (See Fig. 1, The on-chip 109 lens exposes color filter 55 to the light entering the device.)
Claims 19 is rejected under 35 U.S.C. 103 as being unpatentable over Nakata in view of Ebiko and Okawa.
Regarding claim 19, Nakata discloses:
An image sensor (Nakata, Abstract, photoelectric conversion apparatus) comprising:
a substrate (semiconductor substrate 53) including a first photodiode (PD) region (Fig. 1, first photoelectric conversion unit 104) and a second PD region adjacent to the first PD region; (second photoelectric conversion unit 105 next to first photoelectric conversion unit 104)
a first PD in the first PD region, and the first PD having a first area; ([0032], The second photoelectric conversion unit 105 by necessity has an area.)
a second PD in the second PD region, and the second PD having a second area smaller than the first area; ([0032], The second photoelectric conversion unit 105 has an area that is smaller than the first photoelectric conversion unit 104.)
a deep trench isolation (DTI) (Fig. 1, first light blocking wall 106) that separates the first PD region (first photoelectric conversion unit 104) from the second PD region,
a micro-lens on the substrate, and the micro-lens covering the first PD region; (Fig. 1, on-chip lens 109.)
a color filter between the substrate and the micro-lens; (Fig. 1, color filter layer 55)
a light splitter (inner lens 108) between the substrate (semiconductor substrate 53) and the color filter (color filter layer 55), or between the color filter and the micro-lens; and
an interconnection layer below the substrate, the interconnection layer including an insulating film and a conductive interconnection in the insulating film,
wherein the light splitter vertically overlaps at least a portion of the first PD region and at least a portion of the second PD region, (See Fig. 1) and
the light splitter (Fig. 1, inner lens 108) has a refractive index different([0035], the inner lens 108 is made of SiN which by necessity has a refractive index. The refractive index of SiN is n=2.) …,
Nakata does not appear to directly disclose where the light splitter has “different from a refractive index of the micro-lens” because while Nakata discloses an on-chip lens 109 it does not disclose any material for the on-chip lens.
Ebiko, which teaches a light receiving element with an on-chip lens (Ebiko, Abstract), discloses a micro-lens (Fig. 2, on-chip lens 47) is formed by a resin ([0058], the on-chip lens is a styrene resin.). Resin such a styrene resin as a known refractive index of about 1.5. This is different from the refractive index of SiN as taught by Nakata for the inner lens ([0035], the inner lens is made of SiN.) SiN has a known refractive index of 2.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Nakata to have a light splitter with a different refractive index from the micro-lens as taught by Ebiko for purposes of using a resin material to provide both a protective coating for the top surface of the device as well as allow incident light to pass through the surface.
Neither Nakata or Ebiko appear to directly disclose where the light splitter has “different from a refractive index of the color filter”. Nakata discloses a color filter layer 55 it does not disclose any materials or properties of the materials for the color filter.
Okawa, which teaches photoelectric conversation device which has color filters, (Okawa, Abstract) discloses a color filter (Fig. 4A, color filter layer 33) and while specifical material isn’t disclosed the refractive index of the color filter layer would be 1.6 and 1.8. This is different from the refractive index of SiN as taught by Nakata for the inner lens ([0035], the inner lens is made of SiN.) SiN has a known refractive index of 2.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Nakata as modified by Ebiko to have the light splitter having a different from a refractive index of the color filter as taught by Okawa for purposes of transmitting specific wavelengths of incident light desired to be receive by the photoelectric conversion device. (Okawa, [0071].)
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over 19 as applied to Nakata, Ebiko, and Okawa above, and further in view of Phan et al. US 20210151482 A1 (hereinafter Phan).
Annotated Figure 1A used for discussion:
PNG
media_image2.png
727
687
media_image2.png
Greyscale
Regarding claim 20, Nakata, Ebiko, and Okawa disclose all the elements of claim 19.
Nakata does disclose that the pixel array unit that can be in a device. (Nakata, [0023].) Therefore the image sensor “includes a plurality of pixels arranged in a two-dimensional array structure.”
However, Nakata, Ebiko, and Okawa do not appear to disclose:
the first PD region has an octagonal shape planarly, and the second PD region has a quadrangular shape planarly,
the first PD region is from among plural first PD regions, and the second PD region is from among plural second PD regions, and
four first PD regions from among the plural first PD regions surround one second PD region from among the plural second PD regions, and four second PD regions from among the plural second PD regions are alternately arranged on four sides among eight sides of one first PD region from among the plural first PD regions.
Phan, which teaches plurality of photodiodes includes a plurality of small photodiodes (SPDs) and a plurality of large photodiodes (LPDs) larger than the SPDs (Abstract), discloses:
the first PD region has an octagonal shape planarly, (Fig. 1A, large pixels 120 has an octagonal shape) and the second PD region has a quadrangular shape planarly, (Fig. 1A, small pixels 110 has a quadrangular)
the first PD region is from among plural first PD regions, (See annotated Fig. 1A above, 120a-d) and the second PD region is from among plural second PD regions, (See annotated Fig. 1A below, 110a-d) and
four first PD regions from among the plural first PD regions (120a-d)surround one second PD region from among the plural second PD regions (110d), (See annotated Fig. 1A above) and four second PD regions from among the plural second PD regions (110a-d) are alternately arranged on four sides among eight sides of one first PD region from among the plural first PD regions.(120a) (See annotated Fig. 1A above).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Nakata, Ebiko, and Okawa to have the first PD region has an octagonal shape planarly, and the second PD region has a quadrangular shape planarly, the first PD region is from among plural first PD regions, and the second PD region is from among plural second PD regions, and four first PD regions from among the plural first PD regions surround one second PD region from among the plural second PD regions, and four second PD regions from among the plural second PD regions are alternately arranged on four sides among eight sides of one first PD region from among the plural first PD regions as taught by Phan for purposes of having an architecture that improves performance of high intensity light sensing in image sensors by using a known split pixel structure. (Phan, [0022].)
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 following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 7, the cited prior art of record does not teach or fairly suggest, along with the other claimed features, an image sensor comprising a metal grid “wherein in a plan view, the metal grid is apart from the light splitter.”
Specifically, Nakata and Ebiko disclose all the elements of claim 6.
Nakata and Ebiko do not appear to disclose:
a metal grid between the substrate and the micro-lens, the metal grid vertically overlapping at least a portion of the DTI, wherein in a plan view, the metal grid is apart from the light splitter.
Phan, which teaches plurality of photodiodes includes a plurality of small photodiodes (SPDs) and a plurality of large photodiodes (LPDs) larger than the SPDs (Abstract), discloses:
a metal grid (Fig. 1A, and Fig. 2A, metal patterns 130/230) between the substrate (substrate material 291) and the micro-lens,(microlens 270/280) the metal grid vertically overlapping at least a portion of the DTI(See Fig. 2A, pixel isolator).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Nakata and Ebiko to have a metal grid between the substrate and the micro-lens, the metal grid vertically overlapping at least a portion of the DTI as taught by Phan for purposes of improving the isolation of the small photodiodes and the large photodiodes. (Phan, [0023])
However, the combination of Nakata, Ebiko, and Phan would not result in a device wherein in a plan view, the metal grid is apart from the light splitter.
Prior Art Considered Pertinent
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kim et al. US 20240055455 A1 – Fig. 3 image sense includes a first refractive layer 201 in the color separation layer 200 over the photodetector including color filter.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HEIM KIRIN GREWAL whose telephone number is (703)756-1515. The examiner can normally be reached Monday - Thursday 9:30 a.m. - 5:30 p.m. EST.
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, DAVIENNE MONBLEAU can be reached at (571) 272-1945. 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.
/HEIM KIRIN GREWAL/Examiner, Art Unit 2812
/DAVIENNE N MONBLEAU/Supervisory Patent Examiner, Art Unit 2812
Prosecution Insights