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 .
Information Disclosure Statement
The Information Disclosure Statement (IDS) submitted on April 29, 2024 has been considered by the Examiner.
Claim Objections
Claims 11 and 12 are objected to because of the following informalities:
Claim 11, line 2—“the first wall surface becomes larger as being closer to the third tier” should be ”the first wall surface becomes larger closer to the third tier”;
Claim 12, lines 1-2—“the second photoelectric conversion section” should be “the first second photoelectric conversion section” ; and
Claim 12, line 2—“distance information on an object” should be” distance information of an object”. Appropriate correction is required.
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 8-11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim 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 8, lines 2-3 recite: “the first through-electrode is provided between the first second photoelectric conversion section and the second second photoelectric conversion section”. This recited language used to define the invention is ambiguous and clarification and/or correction are/is required to make its meaning clear and precise whereby the metes and bounds of the claimed invention can be ascertained. No new matter may be added. For example, there is insufficient antecedent basis for the limitation “the first through-electrode” because claim 1 from which claim 8 depends via claim 7 recites “a plurality of first through electrodes” making it unclear which first through-electrode of the plurality of first through-electrodes is being recited as being provided between the first second photoelectric conversion section and the second second photoelectric conversion section in claim 8.
Similarly regarding claim 8, lines 4-6 recite: “an interval between a first opening defined by the first wall surface and a second opening defined by the second wall surface is greater than an interval between the first opening and the first through-electrode.” This recited language used to define the invention is also ambiguous and clarification and/or correction are/is required to make its meaning clear and precise whereby the metes and bounds of the claimed invention can be ascertained. No new matter may be added. For example, there is insufficient antecedent basis for the limitation “the first through-electrode” because claim 1 from which claim 8 depends via claim 7 recites “a plurality of first through electrodes” making it unclear which first through-electrode of the plurality of first through-electrodes is being recited in this portion of claim 8 and additionally which interval between the first opening and the first through-electrode is being recited in this portion of claim 8. For purpose of examination, the Examiner is interpreting lines 2-6 of claim 8 as reciting “an interval between a first opening defined by the first wall surface and a second opening defined by the second wall surface” because of these ambiguities.
Regarding claim 9, lines 1-2 recite: “further comprising a third tier including a wiring line coupled to the first through-electrode”. This recited language used to define the invention is ambiguous and clarification and/or correction are/is required to make its meaning clear and precise whereby the metes and bounds of the claimed invention can be ascertained. No new matter may be added. For example, there is insufficient antecedent basis for the limitation “the first through-electrode” because claim 1 from which claim 9 depends recites “a plurality of first through electrodes” making it unclear which first through-electrode of the plurality of first through-electrodes is being recited in this portion of claim 9 as being coupled to a wiring line of a third tier. For purpose of examination, the Examiner is interpreting lines 1-2 of claim 9 as reciting “further comprising a third tier including a wiring line” because of this ambiguity.
Also regarding claim 9, lines 3-4 recite: “the second tier further includes a transfer section that transfers electric charge converted by the first photoelectric conversion section on a side of the third tier.” This recited language used to define the invention is ambiguous and clarification and/or correction are/is required to make its meaning clear and precise whereby the metes and bounds of the claimed invention can be ascertained. No new matter may be added. For example, it is unclear whether the recitation of “on a side of the third tier” modifies the “transfer section” or “the first photoelectric conversion section”. For purpose of examination, the Examiner is interpreting lines 3-4 of claim 9 as reciting “the second tier further includes a transfer section that transfers electric charge converted by the first photoelectric conversion section” because of this ambiguity. Claims 10 and 11 are also indefinite under 35 U.S.C. 112(b) because they depend from claim 9.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 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 1, 2, 5, 6, 9, and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2018/0090533 A1 (Otake).
Regarding claim 1, Otake discloses, A photoelectric conversion device comprising:
a first tier (annotated FIG. 13, below) including a first first photoelectric conversion section (first first photoelectric conversion section (214, 215, and 216); FIG. 13; [0050]) that converts incident light into electric charge ([0054]);
PNG
media_image1.png
642
566
media_image1.png
Greyscale
a second tier (annotated FIG. 13, above) provided to overlap with the first tier (annotated FIG. 13, above) in a first direction (first direction (Z); FIG. 13) and including a first second photoelectric conversion section (first second photoelectric conversion section (250); FIG. 13; [0041]) and a first insulating section (first insulating section (243); FIG. 13; [0091]), the first second photoelectric conversion section (250) converting light transmitted through the first first photoelectric conversion section (214, 215, and 216) into electric charge ([0054]), the first insulating section (243) including a first wall surface (annotated FIG. 13, above and annotated FIG. 12, below) that surrounds the first second photoelectric conversion section (250) along a plane (plane X-Y; FIG. 12) orthogonal to the first direction (first direction (Z)); and
PNG
media_image2.png
587
776
media_image2.png
Greyscale
a plurality of first through-electrodes (plurality of first through-electrodes (240); FIGs. 12 and 13; [0040]) each coupled ([0053]) to the first first photoelectric conversion section (214, 215, and 216) and penetrating the second tier (annotated FIG. 13, above) in a region outside the first wall surface (annotated FIGs. 12 and 13, above).
Regarding claim 2, Otake discloses, The photoelectric conversion device according to claim 1, wherein the first wall surface (annotated FIGs. 12 and 13, above) has a planar shape (FIG. 12).
Regarding claim 5, Otake discloses, The photoelectric conversion device according to claim 1, wherein the plurality of first through-electrodes (240) is provided in the plane (plane X-Y) orthogonal to the first direction (first direction (Z)).
Regarding claim 6, Otake discloses, The photoelectric conversion device according to claim 1, wherein the plurality of first through-electrodes (240) includes a through-electrode (240) that transfers electric charge converted by the first photoelectric conversion section (214, 215, and 216), and a through-electrode (240) that transmits a signal to control the first photoelectric conversion section (214, 215, and 216).1
Regarding claim 9, Otake discloses, The photoelectric conversion device according to claim 1, further comprising a third tier (third tier (230); FIG. 13; [0050]) including a wiring line (wiring line (231): FIG. 13; [0050]) coupled to the first through-electrode, wherein
the second tier (Otake, annotated FIG. 13, above) further includes a transfer section (transfer section (282); FIG. 13; [0050]) that transfers electric charge converted by the first photoelectric conversion section (214, 215, and 216) on a side of the third tier.2
Regarding claim 12, Otake discloses, The photoelectric conversion device according to claim 1, wherein the second photoelectric conversion section (250) is configured to acquire distance information on an object.3
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 (i.e., changing from AIA to pre-AIA ) 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, 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 3, 4, 13, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Otake in view of WO 2019/131122 A1 (Takatsuka).
Regarding claim 3, Otake does not appear to explicitly disclose, wherein the first wall surface has an octagonal shape in the plane orthogonal to the first direction.
However, in analogous art, Takatsuka discloses that it was well-known to one of ordinary skill in the art before the effective filing date of the claimed invention that an insulating section (insulating section (124); FIG. 12; [0024]) of a photoelectric conversion device (photoelectric conversion device (100); FIG. 1; [0022]) may be predicably fabricated to include a first wall surface (annotated FIG. 12, below) having an octagonal shape ([0072]) in a plane orthogonal to a first direction (annotated FIG. 1, below).
PNG
media_image3.png
517
667
media_image3.png
Greyscale
PNG
media_image4.png
518
720
media_image4.png
Greyscale
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention having the teachings of Otake and Takatsuka before him/her that the first wall surface (Otake, annotated FIGs. 12 and 13, above) could be predicably fabricated to have an octagonal shape in the plane orthogonal to the first direction (Otake, first direction (Z); FIG. 13), as taught by Takatsuka, with no change in the established function of the first wall surface of Otake because it would still function as a wall surface. Please see, MPEP 2143(A).
Regarding claim 4, Otake does not appear to explicitly disclose, wherein the first wall surface has a circular shape in the plane orthogonal to the first direction.
However, in analogous art, Takatsuka discloses that it was well-known to one of ordinary skill in the art before the effective filing date of the claimed invention that an insulating section (insulating section (124); FIG. 2; [0024]) of a photoelectric conversion device (photoelectric conversion device (100); FIG. 1; [0022]) may be predicably fabricated to include a first wall surface (annotated FIG. 2, below) having a circular shape ([0032]) in a plane orthogonal to a first direction (Takatsuka, annotated FIG. 1, above).
PNG
media_image5.png
521
690
media_image5.png
Greyscale
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention having the teachings of Otake and Takatsuka before him/her that the first wall surface (Otake, annotated FIGs. 12 and 13, above) could be predicably fabricated to have a circular shape in the plane orthogonal to the first direction (Otake, first direction (Z); FIG. 13), as taught by Takatsuka, with no change in the established function of the first wall surface of Otake because it would still function as a wall surface. Please see, MPEP 2143(A).
Regarding claim 13, Otake discloses, A photoelectric conversion device comprising:
a first tier (annotated FIG. 13, above) including a first first photoelectric conversion section (first first photoelectric conversion section (214, 215, and 216); FIG. 13; [0050]) that converts incident light into electric charge ([0054]);
a second tier (annotated FIG. 13, above) provided to overlap with the first tier (annotated FIG. 13, above) in a first direction (first direction (Z); FIG. 13) and including a first second photoelectric conversion section (first second photoelectric conversion section (250); FIG. 13; [0041]) and a first insulating section (first insulating section (243); FIG. 13; [0091]), the first second photoelectric conversion section (250) converting light transmitted through the first first photoelectric conversion section (214, 215, and 216) into electric charge ([0054]), the first insulating section (243) including a first wall surface (annotated FIGs. 12 and 13, above) that surrounds the first second photoelectric conversion (250) section along a plane (plane X-Y; FIG. 12) orthogonal to the first direction (first direction (Z)); and
a plurality of first through-electrodes (plurality of first through-electrodes (240); FIGs. 12 and 13; [0040]) each coupled ([0053]) to the first first photoelectric conversion section (214, 215, and 216) and penetrating the second tier (annotated FIG. 13, above) in a region outside the first wall surface (annotated FIGs. 12 and 13, above).
But, Otake does not appear to explicitly disclose, wherein
the first wall surface has a circular shape in the plane orthogonal to the first direction.
However, in analogous art, Takatsuka discloses that it was well-known to one of ordinary skill in the art before the effective filing date of the claimed invention that an insulating section (insulating section (124); FIG. 2; [0024]) of a photoelectric conversion device (photoelectric conversion device (100); FIG. 1; [0022]) may be predicably fabricated to include a first wall surface (Takatsuka, annotated FIG. 2, above) having a circular shape ([0032]) in a plane orthogonal to a first direction (Takatsuka, annotated FIG. 1, above).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention having the teachings of Otake and Takatsuka before him/her that the first wall surface (Otake, annotated FIGs. 12 and 13, above) could be predicably fabricated to have a circular shape in the plane orthogonal to the first direction (Otake, first direction (Z); FIG. 13), as taught by Takatsuka, with no change in the established function of the first wall surface of Otake because it would still function as a wall surface. Please see, MPEP 2143(A).
Regarding claim 14, Otake in view of Takatsuka discloses, The photoelectric conversion device according to claim 1, wherein the photoelectric conversion device comprises an imaging device (Otake, imaging device (100); FIG. 1; [0033]).
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Otake.
Regarding claim 7, Otake discloses, The photoelectric conversion device according to claim 1, further comprising a plurality of second through-electrodes (plurality of second through-electrodes (240); annotated FIG. 12 of Otake, above; [0040]).
But Applicant may argue that Otake does not explicitly disclose, , wherein
the first tier further includes a second first photoelectric conversion section provided next to the first first photoelectric conversion section and converting incident light into electric charge,
the second tier further includes a second second photoelectric conversion section and a second insulating section, the second second photoelectric conversion section being provided next to the first second photoelectric conversion section and converting light transmitted through the second first photoelectric conversion section into electric charge, the second insulating section including a second wall surface surrounding the second second photoelectric conversion section along the plane orthogonal to the first direction, and
the plurality of second through-electrodes is each coupled to the second first photoelectric conversion section, and penetrates the second tier in a region outside the second wall surface.
However, Otake discloses that photoelectric conversion device includes a plurality of duplicate pixel structures (duplicate pixel structures (201); FIGs. 1, 12, and 13; ([0034]) such that each pixel structure (201) photoelectrically converts two types of light having different wavelengths to generate two pixel signals. For example, half of the pixels (201) photoelectrically convert blue light and green light, while the other half of the pixels (201) photoelectrically covert red light and green light ([0034]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention having the teaching of Otake before him/her that the first tier (Otake, annotated FIG. 13, above) further includes a second first photoelectric conversion section provided next to the first first photoelectric conversion section (214, 215, and 216) and converting incident light into electric charge (Otake, [0054]), the second tier (Otake, annotated FIG. 13, above) further includes a second second photoelectric conversion section and a second insulating section, the second second photoelectric conversion section being provided next to the first second photoelectric conversion section (250) and converting light transmitted through the second first photoelectric conversion section into electric charge (Otake, [0054]), the second insulating section including a second wall surface surrounding the second second photoelectric conversion section along the plane orthogonal (Otake, plane X-Y, FIG. 12) to the first direction (Otake, first direction (Z)), and the plurality of second through-electrodes (240; Otake, annotated FIG. 12, above) is each coupled to the second first photoelectric conversion section, and penetrates the second tier in a region outside the second wall surface, thereby allowing the first first photoelectric conversion section (214, 215, and 216) and the first second photoelectric conversion section (250) to photoelectrically convert two types of light having different wavelengths to generate two pixel signals and the first second photoelectric conversion section and the second second photoelectric conversion section to photoelectrically convert two types of light having different wavelengths to generate two pixel signals, as taught by Otake.
Regarding claim 8, Otake discloses, The photoelectric conversion device according to claim 7, wherein
the first through-electrode is provided between the first second photoelectric conversion section and the second second photoelectric conversion section, and
an interval (Otake, annotated FIG. 12, above) between a first opening (Otake, annotated FIG. 12, above) defined by the first wall surface (Otake, annotated FIG. 12, above) and a second opening (Otake, annotated FIG. 12, above) defined by the second wall surface (Otake, annotated FIG. 12, above) is greater than an interval between the first opening and the first through-electrode.4
Claims 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Otake in view of US 2019/0115386 A1 (Ma).
Regarding claim 10, Otake does not appear to explicitly disclose the solution to the design problem of how to fabricate, wherein a width of a first opening defined by the first wall surface is larger on the side of the third tier than on a side of the first tier, in a direction orthogonal to the first direction.
However, in analogous art, Ma discloses that it was well-known to one of ordinary skill in the art before the effective filing date of the claimed invention that a photoelectric conversion device (photoelectric conversion device (200); FIG. 2A; [0059]) may be predicably fabricated to include an opening defined by adjacent tiered sections of walls (walls (302a, 302b, and 302c; FIG. 3A; [0078]) that have perimeters defining this opening which may vary/taper in size in a direction such that a perimeter of wall (302a) may be equal to, larger than, or smaller than a perimeter of second wall (302b), and the perimeter of second wall (302b) may be equal to, larger than, or smaller than a perimeter of third wall (302c) ([0078]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention having the teachings of Otake and Ma before him/her that there are a finite number of predicable solutions regarding a width of a first opening (Otake, annotated FIG. 12, above) defined by the first wall surface (Otake, annotated FIGs. 12 and 13, above) on the side of the third tier (230) relative to a side of the first tier (Otake, annotated FIG. 13, above), as taught by Ma—i.e., a width of a first opening defined by the first wall surface on a side of the third tier, in a direction orthogonal to the first direction, may be: (i) equal to a side of the first tier, (ii) less than a side of the first tier, or (iii) or larger than a side of the first tier, as recited in claim 10, and, absent unexpected results, it would have been obvious to each of these three possibilities with a reasonable expectation of success. Please see, MPEP 2143(E).
Regarding claim 11, Otake does not appear to explicitly disclose the solution to the design problem of how to fabricate, wherein a width of a first opening defined by the first wall surface becomes larger as being closer to the third tier, in a direction orthogonal to the first direction.
However, in analogous art, Ma discloses that it was well-known to one of ordinary skill in the art before the effective filing date of the claimed invention that a photoelectric conversion device (photoelectric conversion device (200); FIG. 2A; [0059]) may be predicably fabricated to include an opening defined by adjacent tiered sections of walls (walls (302a, 302b, and 302c; FIG. 3A; [0078]) that have perimeters defining this opening which may vary/taper in size in a direction such that a perimeter of wall (302a) may be equal to, larger than, or smaller than a perimeter of second wall (302b), and the perimeter of second wall (302b) may be equal to, larger than, or smaller than a perimeter of third wall (302c) ([0078]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention having the teachings of Otake and Ma before him/her that there are a finite number of predicable solutions regarding a width of a first opening (Otake, annotated FIG. 12, above) defined by the first wall surface (Otake, annotated FIGs. 12 and 13, above) relative to third tier (230), as taught by Ma—i.e., a width of a first opening defined by the first wall surface, in a direction orthogonal to the first direction, may: (i) remain the same at the third tier, (ii) become smaller closer to the third tier, or (iii) or larger closer to the third tier, as recited in claim 11, and, absent unexpected results, it would have been obvious to each of these three possibilities with a reasonable expectation of success. Please see, MPEP 2143(E).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2020/0403025 A1 (Kim)—Discloses an imaging device (FIG. 1) that includes first, second, and third tiers (FIG. 4B), a first first photoelectric conversion device (300), a first second photoelectric conversion device (110), and an insulating structure (103) including a first wall surface that surrounds (FIG. 4A) first second photoelectric conversion device (110). FIG. 4B of Kim also discloses the recited aspects of claim 7.
US 2020/0127025 A1 (Lim)—Discloses an imaging device (FIG. 1) that includes first, second, and third tiers (FIG. 2), a first first photoelectric conversion device (61), a first second photoelectric conversion device (20), and an insulating structure (41) including a first wall surface that surrounds (FIG. 1) first second photoelectric conversion device (20), and a plurality of first through-electrodes (45) each coupled to the first first photoelectric conversion section (61) outside of the first wall surface.
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Erik A. Anderson whose telephone number is (703) 756-1217. The Examiner can normally be reached Monday-Friday 8:30 a.m.-4:30 p.m. (Pacific Time Zone).
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, William B. Partridge, can be reached at (571) 270-1402. 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.
/ERIK A. ANDERSON/Examiner, Art Unit 2812
/William B Partridge/Supervisory Patent Examiner, Art Unit 2812
1 Please see, 2114(II) regarding the limitations of “transfers electric charge converted by the first photoelectric conversion section” and “transmits a signal to control the first photoelectric conversion section”—Manner of Operating The Device Does Not Differentiate Apparatus Claim From The Prior Art.
2 Please see the rejection of claim 9 under 35 U.S.C. 112(b) above for how this recited language of claim 9 is being interpreted for purpose of examination.
3 Please see, 2114(II) regarding the limitation “acquire distance information on an object”—Manner of Operating The Device Does Not Differentiate Apparatus Claim From The Prior Art.
4 Please see the rejection of claim 8 under 35 U.S.C. 112(b) above for how this recited language of claim 8 is being interpreted for purpose of examination.
Prosecution Insights