Prosecution Insights
Last updated: October 02, 2026
Application No. 18/632,033

IMAGE SENSING DEVICE

Non-Final OA §102§112
Filed
Apr 10, 2024
Priority
Nov 20, 2023 — RE 10-2023-0160644
Examiner
RAHMAN, MOIN M
Art Unit
Tech Center
Assignee
SK hynix Inc.
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
658 granted / 756 resolved
+27.0% vs TC avg
Moderate +14% lift
Without
With
+14.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
43 currently pending
Career history
812
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
56.1%
+16.1% vs TC avg
§102
27.0%
-13.0% vs TC avg
§112
16.0%
-24.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 756 resolved cases

Office Action

§102 §112
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 . 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. Status of the application This office Action is in response to Applicant's Application filled on 07/15/2026. Claims 1-15 are pending for this examination. Priority Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d). The certified copy has been filed on 05/13/2024. Oath/Declaration The oath or declaration filed on 04/10/2024 is acceptable. Election/Restrictions Applicant’s election, without traverse, species I (Fig 2) of claims 1-7, in the “Response to Election / Restriction Filed” filed on 07/15/2026 is acknowledged. This office action considers claims 1-15 are thus pending for prosecution of which, non-elected claims 8-15 are withdrawn, and elected claims 1-7 are examined on their merits. Drawings The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the limitation “wherein a between the microlens and the color filter is formed at a height between an upper end and a lower end of the first isolation region”, claim as recites in 2 and “wherein a boundary surface between the microlens and the color filter is formed at a height between an upper end and a lower end of the metal layer” as recites in claim 7, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 2 and 7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth the subject matter which the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the applicant regards as the invention. Regarding Claim 2, The instant claims recite limitation “wherein a between the microlens and the color filter is formed at a height between an upper end and a lower end of the first isolation region” is not clear because boundary surface between an upper end and a lower end of the first isolation region is not defined. Therefore, the resulting claim is indefinite and is failing to particularly point out and distinctly claim the subject matter. Appropriate corrections defining these limitations within metes and bounds of the claimed invention are required. Regarding Claim 7, The instant claims recite limitation “wherein a boundary surface between the microlens and the color filter is formed at a height between an upper end and a lower end of the metal layer” is not clear because boundary surface between an upper end and a lower end of the metal layer is not defined. Therefore, the resulting claim is indefinite and is failing to particularly point out and distinctly claim the subject matter. Appropriate corrections defining these limitations within metes and bounds of the claimed invention are required. 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. Claims 1and 3-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Park (US 2021/0280625 A1; hereafter Park). PNG media_image1.png 595 520 media_image1.png Greyscale Regarding claim 1. Park discloses an image sensing device, comprising: a substrate (Fig 3, substrate 200, Para [0034]); a color filter (color filter 270, Para [0034]) formed over the substrate (Fig 3, substrate 200, Para [0034]); first isolation regions (Fig 3, regions [230/240], Para [0034]) formed at both sides of the color filter (color filter 270, Para [0034]); and a microlens (microlens 350, Para [0034]) formed over the color filter (color filter 270, Para [0034]), wherein a lower portion of the color filter (color filter 270, Para [0034]) is formed in one region of an upper end of the substrate (Fig 3, substrate 200, Para [0034]). Regarding claim 3. Park discloses the image sensing device of claim 1, Park further discloses further comprising: second isolation regions (Fig 3, regions [250/260], Para [0043-0044]) formed at both sides of the lower portion of the color filter (color filter 270, Para [0034]). Regarding claim 4. Park discloses the image sensing device of claim 1, Park further discloses wherein at least part of the lower portion of the color filter (color filter 270, Para [0034]) is disposed in a groove that is formed in the upper region of the substrate (Fig 3, substrate 200, Para [0034]). Regarding claim 5. Park discloses the image sensing device of claim 1, Park further discloses further comprising: an isolation layer (insulation layer 220, Para [0034]) formed below the color filter (color filter 270, Para [0034]). Regarding claim 6. Park discloses the image sensing device of claim 5, Park further discloses wherein the first isolation region (Fig 3, regions [230/240], Para [0034]) comprises: a barrier metal layer (Fig 3, regions [230], Para [0034]) formed over the isolation layer (insulation layer 220, Para [0034]); and a metal layer formed (Fig 3, regions [240], Para [0034]) over the barrier metal layer (Fig 3, regions [230], Para [0034]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOIN M RAHMAN whose telephone number is (571)272-5002. The examiner can normally be reached 8:30-5:00pm. 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, Julio Maldonado can be reached at 571-272-1864. 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. /MOIN M RAHMAN/Primary Examiner, Art Unit 2898
Read full office action

Prosecution Timeline

Apr 10, 2024
Application Filed
Sep 03, 2026
Non-Final Rejection mailed — §102, §112 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
87%
Grant Probability
99%
With Interview (+14.2%)
2y 5m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 756 resolved cases by this examiner. Grant probability derived from career allowance rate.

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