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 .
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 5, 14-15 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by U.S. Patent Publication No. 2020/0033519 ("Toda ‘519").
Regarding claim 1, Toda ‘519 discloses a light detection device comprising:
a pixel array unit (700d, Fig. 20B) in which a plurality of pixels (7000, Fig. 20B) is arranged in a two-dimensional array (Fig. 20B), each pixel including:
a refractive index variation layer (701, Figs. 20A-20B) having at least two regions in the same layer (721, 722, Fig. 20A-20B), the two regions being a first region containing a first matter (either low or high refractive material, paragraph [0135]) and a second region containing a second matter (other one of low or high refractive index material, paragraph [0135]); and
a photoelectric conversion unit (PD, Fig. 20A) that photoelectrically converts light incident (inherent function of a PD) through the refractive index variation layer (701, Fig. 20A-20B),
wherein an effective refractive index of the refractive index variation layer (701, Figs. 20A-20B) is configured to differ (paragraph [0135] states layer 701 has an asymmetric refractive index distribution structure, and paragraph [0096] states: “….the asymmetric refractive index distribution structure, and can be produced by suitably gradually changing the composition ratio (volume ratio, weight ratio, or molar ratio) of mixing of a high refractive index material and a low refractive index material in each pixel.” ) depending on an image height position of the pixel (see Figs. 11A, 12, and 20B, see also paragraphs [0017], [0098]-[0099], [0184]).
Regarding claim 2, Toda ‘519 discloses the light detection device according to claim 1, wherein an area ratio (paragraph [0096]) between the first region and the second region (high and low refractive index material, paragraphs [0096]) of the refractive index variation layer (701, Fig. 20A-20B) is configured to differ depending on an image height position of the pixel (Figs. 12, 20B, paragraphs [0135], [0098]-[0099]).
Regarding claim 3, Toda ‘519 discloses the light detection device according to claim 2, wherein the effective refractive index of the refractive index variation layer (701, Fig. 20A-20B) in the pixel at a high image height position (end, Figs. 12, 20B) is configured to be higher than the effective refractive index of the refractive index variation layer in the pixel (paragraph [0099]) at a position near a center of the image height (center, Figs. 12, 20B).
Regarding claim 5, Toda ‘519 discloses the light detection device according to claim 1, wherein one of a size, a pitch, or a shape of a pattern (see differing sizes in Figs. 11A-11C, or differing size/shapes in Figs. 20A-20B) of the second region (other one of ) formed within the first region of the refractive index variation layer (701, Fig. 20A-20B) is configured to differ depending on the image height position of the pixel (Figs. 12, 20B, paragraphs [0135], [0098]-[0099]).
Regarding claim 14, Toda ‘519 discloses the light detection device according to claim 1, wherein the photoelectric conversion unit (PD, Fig. 20A) is formed on a semiconductor substrate (for example, see paragraph [0125]) constituted by any one material among Si (Fig. 17A), Ge, SiGe, GaAs, InGaAs, InGaAsP, InAs, InSb, or InAsSb.
Regarding claim 15, Toda ‘519 discloses an electronic device (paragraphs [0006],[0112]) comprising a light detection device (700, Fig. 20A, 700d, Fig. 20B), wherein the light detection device includes a pixel array unit (700d, Fig. 20B) in which a plurality of pixels (7000, Fig. 20B) is arranged in a two-dimensional array (Fig. 20B), each pixel including:
a refractive index variation layer (701, Figs. 20A-20B) having at least two regions in the same layer (721, 722, Fig. 20A-20B), the two regions being a first region containing a first matter (either low or high refractive material, paragraph [0135]) and a second region containing a second matter (other one of low or high refractive index material, paragraph [0135]); and
a photoelectric conversion unit (PD, Fig. 20A) that photoelectrically converts light incident (inherent function of a PD) through the refractive index variation layer (701, Fig. 20A-20B),
wherein an effective refractive index of the refractive index variation layer (701, Figs. 20A-20B) is configured to differ (paragraph [0135] states layer 701 has an asymmetric refractive index distribution structure, and paragraph [0096] states: “….the asymmetric refractive index distribution structure, and can be produced by suitably gradually changing the composition ratio (volume ratio, weight ratio, or molar ratio) of mixing of a high refractive index material and a low refractive index material in each pixel.” ) depending on an image height position of the pixel (see Figs. 11A, 12, and 20B, see also paragraphs [0017], [0098]-[0099], [0184]).
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.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Toda ‘519 in view of U.S. Patent Publication No. 2012/0211850("Kuboi").
Regarding claim 10, Toda ‘519 discloses the light detection device according to claim 1, but does not disclose that the pixel further includes an on-chip lens, and the refractive index variation layer is formed on an upper surface of the on-chip lens.
However, Kuboi discloses an on-chip lens (11, Fig. 1), and the refractive index variation layer (11A, Fig. 1) is formed on an upper surface of the on-chip lens (surface of 11, Fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date to form the refractive index variation layer on the surface of the on-chip lens as disclosed by Kuboi in the device of Toda ‘519 in order to keep the exit angle constant and obtain pupil correction.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Toda ‘519 in view of U.S. Patent Publication No. 2011/0096210 ("Koshino").
Regarding claim 11, Toda ‘519 discloses the light detection device according to claim 1, but does not disclose that the pixel further includes a color filter layer, and the refractive index variation layer is formed on an upper surface of the color filter layer.
However, Koshino discloses a pixel includes a color filter layer (130, Fig. 5), and the refractive index variation layer (140, Fig. 5) is formed on an upper surface of the color filter layer (upper surface of 130, via HT, Fig. 5, paragraphs [0124], [0133]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to place the refractive index variation layer on the upper surface of the color filter layer as disclosed by Koshino in the device of Toda ‘519 in order to concentrate the incident light to the color filter and light sensing device.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Toda ‘519 in view of U.S. Patent Publication No. 2017/0170222 ("Toda ‘222").
Regarding claim 13, Toda ‘519 discloses the light detection device according to claim 1, but does not explicitly disclose that one on-chip lens is provided for a plurality of the pixels, and the effective refractive index of the refractive index variation layer is configured to also differ for each of the pixels below the one on-chip lens.
However, Toda ‘222 discloses one on-chip lens (22A, Fig. 10) is provided for a plurality of the pixels (42, Fig. 10), and the effective refractive index of the refractive index variation layer (paragraph [0129]) is configured to also differ for each of the pixels below the one on-chip lens (paragraph [0129]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have differing refraction indexes for pixels below the one lens as disclosed by Toda ‘222 in the device of Toda ‘519 in order to allow incident light to be directed substantially perpendicular to the imaging surface and not condense it near the point of intersection between the boundary lines among the different pixels under the lens.
Claims 1, 4, 6-9, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication No. 2019/0280026 ("Takeuchi") in view of Toda ‘519.
Regarding claim 1, Takeuchi discloses a light detection device comprising:
a pixel array unit (pixel unit, paragraph [0060], not shown in Fig. 1, forms array) in which a plurality of pixels is arranged in a two-dimensional array, each pixel including:
a refractive index variation layer (36/37, Figs. 2-3, 26-28, paragraph [0066]) having at least two regions (37a, 37b, Fig. 2) in the same layer (see Fig. 2), the two regions being a first region (37a or 37b, Fig. 2) containing a first matter (material forming either 36 or 37, Fig. 2, paragraphs [0066],[0071]) and a second region (other one of 37a or 37b, Fig. 2) containing a second matter (material forming other one of 36 or 37, Fig. 2, paragraphs [0066],[0071]); and
a photoelectric conversion unit (photodiode, paragraph [0068]) that photoelectrically converts light incident (inherent function of photodiode) through the refractive index variation layer (photodiode is form in the substrate 38, paragraph [0068], therefore it converts light through the refractive index variation layer).
Takeuchi does not explicitly disclose that an effective refractive index of the refractive index variation layer is configured to differ depending on an image height position of the pixel.
However, Toda ‘519 discloses an effective refractive index of the refractive index variation layer is configured to differ depending on an image height position of the pixel (Fig. 12, paragraphs [0096], [0098]-[0099]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to change the refraction index depending on an image height position of the pixel as disclosed by Toda ‘519 in the device of Takeuchi in order to reduce the wavelength shift of light and improve the sensitivity of the device.
Regarding claim 4, Takeuchi in view of Toda ‘519 discloses the light detection device according to claim 2, and Takeuchi further discloses that the area ratio between the first region and the second region (36, 27b, Fig. 26) is configured to also differ along a thickness direction (see different thicknesses in Fig. 26) of the refractive index variation layer (36/37, Figs. 2-3, 26-28).
Regarding claim 6, Takeuchi in view of Toda ‘519 discloses the light detection device according to claim 1, and Takeuchi further discloses that each pixel further includes an anti-reflective film (Fig. 3, paragraph [0129], at least one antireflective condition exists using films 35-38) formed from a plurality of films (36-38, Fig. 3) including a first film containing the first matter (either 36 or 37, Fig. 3) and a second film containing the second matter (other one of 36 or 37, Fig. 3), the anti-reflection film (Fig. 3) being formed on an upper surface of a semiconductor substrate (38, Fig. 3) in which the photoelectric conversion unit is formed (photodiode is form in the substrate 38, paragraph [0068]), and
the refractive index variation layer (36/37, Figs. 2-3, 26-28) is configured by embedding the second film (36, Fig. 3), which is an upper layer (upper film 36, Fig. 3), in the first film, which is a lower layer (37 is lower film, Fig. 3).
Regarding claim 7, Takeuchi in view of Toda ‘519 discloses the light detection device according to claim 6, and Takeuchi further discloses a refractive index of the first film in the lower layer (37, Fig. 3) is higher than a refractive index of the second film in the upper layer (36, Fig. 3, paragraph [0068], [0073]).
Regarding claim 8, Takeuchi in view of Toda ‘519 discloses the light detection device according to claim 6, and Takeuchi further discloses that the anti-reflection film is constituted by three layers (36-38, Fig. 3), the three layers being the first film in an intermediate layer (37, Fig. 3), the second film in an uppermost layer (36, Fig. 3), and a third film in a lowermost layer (38, Fig. 3), and a refractive index of the second film is higher than a refractive index of the first film and a refractive index of the third film (paragraph [0073]: “n1<effective refractive index neff<refractive index n2”).
Regarding claim 9, Takeuchi in view of Toda ‘519 discloses the light detection device according to claim 1, and Takeuchi further discloses: an anti-reflection film constituted by a plurality of films 35,36, 37, Fig. 1, paragraph [0003], [0129]), the anti-reflection film (35,36, 37, Fig. 1, paragraph [0003], [0129]) being formed on an upper surface of a semiconductor substrate (upper surface of 38, Fig. 1) in which the photoelectric conversion unit is formed (not illustrated in Fig. 1, see paragraph [0060]), wherein the first region (38, Fig. 1) is a region in which the photoelectric conversion unit is formed (not illustrated in Fig. 1, see paragraph [0060]), and the second region (37, Fig. 1) is a region in which the anti-reflection film is formed (see Fig. 1).
Regarding claim 12, Takeuchi in view of Toda ‘519 discloses the light detection device according to claim 1, and Takeuchi further discloses that the pixel further includes a color filter layer (32, Fig. 26, paragraph [0061]), and the effective refractive index of the refractive index variation layer (36/37, Figs. 2-3, 26-28, paragraph [0066]) is configured to also differ depending on a color of the color filter layer (Fig. 26, paragraph [0076]-[0078]).
Conclusion
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/MONICA T TABA/Examiner, Art Unit 2878