Prosecution Insights
Last updated: August 17, 2026
Application No. 18/658,096

IMAGE SENSING DEVICE

Non-Final OA §103
Filed
May 08, 2024
Priority
Dec 21, 2023 — RE 10-2023-0188352
Examiner
AHMAD, KHAJA
Art Unit
Tech Center
Assignee
SK hynix Inc.
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
766 granted / 946 resolved
+21.0% vs TC avg
Strong +26% interview lift
Without
With
+26.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
38 currently pending
Career history
992
Total Applications
across all art units

Statute-Specific Performance

§101
1.5%
-38.5% vs TC avg
§103
59.5%
+19.5% vs TC avg
§102
27.6%
-12.4% vs TC avg
§112
5.5%
-34.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 946 resolved cases

Office Action

§103
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 . DETAILED ACTION This office action is in response to the application filed on 05/08/2024. Currently, claims 1-19 are pending in the application. Claim Rejections - 35 USC § 103 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. 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 of this title, 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 and 7 are rejected under 35 U.S.C. 103 as being obvious over AHN et al (US 20160035770 A1). Regarding claim 1, Figure 6 of AHN discloses an image sensing device, comprising: a pixel array ([0062]) including a plurality of unit pixels is arranged, wherein each of the plurality of unit pixels comprises: a substrate (101+102, [0067]); a planarization layer (104, [0070]) formed over the substrate; and a color filter (105, [0072]) disposed over the planarization layer, wherein the color filter comprises at least one of a white color filter, a green color filter, a blue color filter, or a red color filter ([0071]). AHN does not explicitly teach wherein the planarization layer (104) comprises a material of the white color filter (W, Figure 6E). However, AHN teaches that the layer 104 is an anti-reflection layer 104 is formed on the resultant structure illustrated in FIG. 6C. The anti-reflection layer 104 may include a material performing an anti-reflection function. For example, the anti-reflection layer 104 may include a silicon based material, e.g., SiON, SiC, SiCN, or SiCO ([0079]) and further teaches that the white filter may be formed by a transparent planarizing layer so that all wavelengths in the visible light region (e.g., in a red region, a green region, and a blue region) are transmitted ([0053]). Further, silicon based materials in layer 104 as described by AHN known to be used in white filter material. Thus, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to use the planarization layer (104) comprising white filter material so that all wavelengths in the visible light region (e.g., in a red region, a green region, and a blue region) are transmitted through the white filter and the planarization layer for improved light receiving efficiency and sensitivity with low cost ([0049] and [0053], AHN). Regarding claim 7, Figure 6 of AHN discloses an image sensing device, comprising: a pixel array including unit pixels, the unit pixels include a first unit pixel (white, W, [0053]) including a white color filter (W in Figure 6E), a second unit pixel including a green color filter (G, Figure 6E), a third unit pixel including a blue color filter (B, Figure 6E), and a fourth unit pixel including a red color filter (R, Figure 6E); a planarization layer (104) disposed in lower portions of the first unit pixel, the second unit pixel, the third unit pixel, and the fourth unit pixel. ANH does not explicitly teach wherein the planarization layer (104)comprises a same material as a material of the white color filter (W, Figure 6E). However, AHN teaches that the layer 104 is an anti-reflection layer 104 is formed on the resultant structure illustrated in FIG. 6C. The anti-reflection layer 104 may include a material performing an anti-reflection function. For example, the anti-reflection layer 104 may include a silicon based material, e.g., SiON, SiC, SiCN, or SiCO ([0079]) and further teaches that the white filter may be formed by a transparent planarizing layer so that all wavelengths in the visible light region (e.g., in a red region, a green region, and a blue region) are transmitted ([0053]). Further, silicon based materials in layer 104 as described by AHN known to be used in white filter material. Thus, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to use the planarization layer (104) comprising white filter material so that all wavelengths in the visible light region (e.g., in a red region, a green region, and a blue region) are transmitted through the white filter and the planarization layer for improved light receiving efficiency and sensitivity with low cost ([0049] and [0053], AHN). Claims 2-6, and 8-19 are rejected under 35 U.S.C. 103 as being obvious over AHN et al (US 20160035770 A1) in view of Li et al (US 20210225919 A1). Regarding claims 2 and 8, Figure 6 of AHN does not explicitly teach that the image sensing device of claim 1, further comprising a device isolation region disposed between planarization layers of two adjacent unit pixels. Or The image sensing device of claim 7, further comprising a device isolation region disposed between planarization layers of two adjacent unit pixels. However, Li is a pertinent art which teaches an image sensor wherein Figure 5 of Li teaches isolation region in planarization layer (518), wherein Li teaches such isolation regions creating opening that are respectively configured to transmit specific wavelengths of incident radiation ([0047]). Thus, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the image sensing device of AHN with a device isolation region disposed between planarization layers of two adjacent unit pixels in order to form opening that are respectively configured to transmit specific wavelengths of incident radiation for improved efficiency ([0015] and [0047] of Li). Regarding claim 3, Figure 6 of AHN discloses that the image sensing device of claim 2, further comprising a trench region (103) disposed below the planarization layer (104). Regarding claims 4-6, Figure 6 of AHN does not teach that the image sensing device of claim 3, wherein the trench region has a shape having a width decreasing from a top surface of the substrate toward a bottom surface of the substrate. Or wherein the trench region includes a first trench, a second trench, a third trench, and a fourth trench that are disposed below the white color filter, the green color filter, the blue color filter, and the red color filter, respectively, and wherein at least two of the first trench, the second trench, the third trench, and the fourth trench have different depths from each other. However, Li, a pertinent art here, wherein Figures 1-5 of Li teach that trench regions (124/128 and 116, [0019]-[0020]) disposed below the planarization layer for light absorption enhancement, wherein the trench region (124) has a shape having a width decreasing from a top surface of the substrate toward a bottom surface of the substrate, wherein the trench region includes a first trench, a second trench, a third trench, and a fourth trench that are disposed below the different color filters, respectively, and wherein at least two of the first trench, the second trench, the third trench, and the fourth trench have different depths from each other. Thus, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the image sensing device of AHN wherein the trench region has a shape having a width decreasing from a top surface of the substrate toward a bottom surface of the substrate or wherein the trench region includes a first trench, a second trench, a third trench, and a fourth trench that are disposed below the white color filter, the green color filter, the blue color filter, and the red color filter, respectively, and wherein at least two of the first trench, the second trench, the third trench, and the fourth trench have different depths from each other according to the teaching of Li in order to increase the absorption ([0026] of Li). Regarding claim 9, Figure 6 of AHN discloses that the image sensing device of claim 8, wherein the first unit pixel comprises: a substrate (101+102, [0065]); the planarization layer (104) disposed on the substrate; the white color filter (W) disposed on the planarization layer; a microlens (106, [0065]) disposed over the white color filter; and a first trench (for 103, left one, [0065) disposed below the planarization layer (104) and within the substrate (101+102). Regarding claim 10, Figure 6 of AHN discloses that the image sensing device of claim 9, wherein the second unit pixel comprises: the substrate (101+102); the planarization layer (104) disposed on the substrate; the green color filter (G) disposed on the planarization layer; a microlens (106) disposed over the green color filter; and a second trench (103, middle one) disposed below the planarization layer and within the substrate. Regarding claim 11, Figure 6 of AHN discloses that the image sensing device of claim 10, wherein the third unit pixel comprises: the substrate (101+102); the planarization layer (104) disposed on the substrate; the blue color filter (B) disposed on the planarization layer; a microlens (106) disposed over the blue color filter; and a third trench (103, right one) disposed below the planarization layer and within the substrate. Regarding claims 12-19, Figure 6 of AHN discloses that the image sensing device of claim 11, wherein the fourth unit pixel comprises: the substrate (101+102); the planarization layer (104) disposed on the substrate; the red color filter (R) disposed on the planarization layer; and a microlens (106) disposed over the red color filter. AHN does not teach a fourth trench disposed below the planarization layer and within the substrate, wherein each of the first trench, the second trench, the third trench, and the fourth trench have a width that increases away from a top surface of the substrate. Or wherein at least two of the first trench, the second trench, the third trench, and the fourth trench have different depths from each other, wherein a depth of the first trench is greater than a depth of the second trench. Or wherein a depth of the first trench is greater than a depth of the third trench. Or wherein a depth of the first trench is greater than a depth of the fourth trench. Or wherein a depth of the second trench is greater than a depth of the third trench. Or wherein a depth of the fourth trench is greater than e depth of the second trench. However, Li, a pertinent art here, wherein Figures 1-5 of Li teach that trench regions (124/128 and 116, [0019]-[0020]) disposed below the planarization layer for light absorption enhancement, wherein the trench region (124) has a shape having a width decreasing from a top surface of the substrate toward a bottom surface of the substrate, wherein the trench region includes a first trench, a second trench, a third trench, and a fourth trench that are disposed below the different color filters, respectively, and wherein at least two of the first trench, the second trench, the third trench, and the fourth trench have different depths from each other. Thus, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the image sensing device of AHN, wherein a fourth trench disposed below the planarization layer and within the substrate, wherein each of the first trench, the second trench, the third trench, and the fourth trench have a width that increases away from a top surface of the substrate or wherein at least two of the first trench, the second trench, the third trench, and the fourth trench have different depths from each other, wherein a depth of the first trench is greater than a depth of the second trench or wherein a depth of the first trench is greater than a depth of the third trench or wherein a depth of the first trench is greater than a depth of the fourth trench or wherein a depth of the second trench is greater than a depth of the third trench or wherein a depth of the fourth trench is greater than e depth of the second trench in order to increase the absorption ([0026] of Li). Further, it would have been obvious to one having ordinary skill in the art at the time of the invention was made to use the above claimed ranges for an improved device with higher absorption since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working range involves only routine skill in the art. In re Aller, 105 USPQ 233. Examiner Notes A reference to specific paragraphs, columns, pages, or figures in a cited prior art reference is not limited to preferred embodiments or any specific examples. It is well settled that a prior art reference, in its entirety, must be considered for all that it expressly teaches and fairly suggests to one having ordinary skill in the art. Stated differently, a prior art disclosure reading on a limitation of Applicant's claim cannot be ignored on the ground that other embodiments disclosed were instead cited. Therefore, the Examiner's citation to a specific portion of a single prior art reference is not intended to exclusively dictate, but rather, to demonstrate an exemplary disclosure commensurate with the specific limitations being addressed. In re Heck, 699 F.2d 1331, 1332-33,216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275, 277 (CCPA 1968)). In re: Upsher-Smith Labs. v. Pamlab, LLC, 412 F.3d 1319, 1323, 75 USPQ2d 1213, 1215 (Fed. Cir. 2005); In re Fritch, 972 F.2d 1260, 1264, 23 USPQ2d 1780, 1782 (Fed. Cir. 1992); Merck& Co. v. BiocraftLabs., Inc., 874 F.2d 804, 807, 10 USPQ2d 1843, 1846 (Fed. Cir. 1989); In re Fracalossi, 681 F.2d 792,794 n.1, 215 USPQ 569, 570 n.1 (CCPA 1982); In re Lamberti, 545 F.2d 747, 750, 192 USPQ 278, 280 (CCPA 1976); In re Bozek, 416 F.2d 1385, 1390, 163 USPQ 545, 549 (CCPA 1969). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHAJA AHMAD whose telephone number is (571)270-7991. The examiner can normally be reached on Monday-Friday, 8:00 AM - 5:00 PM (Eastern Time). If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, GAUTHIER STEVEN B, can be reached on (571)270-0373. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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 . Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /KHAJA AHMAD/Primary Examiner, Art Unit 2813
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Prosecution Timeline

May 08, 2024
Application Filed
Jul 28, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
81%
Grant Probability
99%
With Interview (+26.0%)
2y 4m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 946 resolved cases by this examiner. Grant probability derived from career allowance rate.

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