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 .
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 SENSORS HAVING GRID STRUCTURE WITH AIR GAP BETWEEN COLOR FILTERS
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.
Claim 16 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Furuta [US PGPUB 20140367817].
Regarding claim 16, Furuta teaches an image sensor comprising:
photoelectric conversion elements (11, Para 123) within a substrate (10, Para 123, Fig. 10);
a separation structure (9, Para 123) within the substrate and between the photoelectric conversion elements (Fig. 10);
an insulating structure (30, Para 123) on the substrate and the separation structure (Fig. 10);
a plurality of color filters (14, Para 123) on the insulating structure (Fig. 10);
a protective layer (15, Para 123) covering the insulating structure and the plurality of color filters (Fig. 10); and
a capping layer (16, Para 123) covering the protective layer (Fig. 10),
wherein a lower end of the capping layer (lower surface) is at a higher level than lower surfaces of the plurality of color filters (Fig. 10), and
the protective layer and the capping layer define an air gap (18, Para 123) between the plurality of color filters (Fig. 10).
Allowable Subject Matter
Claims 1-15 and 20 are allowed.
Claims 17-19 are 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:
Claims 1-15 are allowed because all prior arts of record and related prior arts not of record either singularly or in combination fail to anticipate or render obvious an image sensor, comprising:
wherein the grid structure further comprises an air gap, and wherein the vertical structure, the lower horizontal structure, and the capping layer are all disposed around the air gap (as claimed in claim 1), in combination with the rest of claim limitations as claimed and defined by the Applicant.
Claim 20 is allowed because all prior arts of record and related prior arts not of record either singularly or in combination fail to anticipate or render obvious an image sensor, comprising:
wherein the grid structure comprises an air gap surrounded by the vertical structure, the lower horizontal structure, and the capping layer (as claimed in claim 1), in combination with the rest of claim limitations as claimed and defined by the Applicant.
Conclusion
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/ISMAIL A MUSE/ Primary Examiner, Art Unit 2812
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