DETAILED ACTION
Allowable Subject Matter
Claims 1-20 are allowed.
The following is an examiner’s statement of reasons for allowance (once the double patenting rejection is overcome).
Claim 1 recites in part “between the first image sensing element and the second image sensing element, a trench filling layer surrounded by an isolation dielectric stack, wherein the isolation dielectric stack comprises an isolation dielectric liner directly contacting the first high-k dielectric layer with a topmost surface higher than a topmost surface of the first high-k dielectric layer”.
Claim 17 recites in part “wherein the first high-k dielectric layer is disposed along bottom and sidewall surfaces of the trench filling layer and extends upwardly to cover a lateral surface of the image sensing element; and a second high-k dielectric layer disposed on a topmost surface of the first high-k dielectric layer and a topmost surface of the trench filling layer”.
Claim 19 recites in part “a first high-k dielectric layer and an isolation dielectric liner disposed along bottom and sidewall surfaces of the deep trench, wherein the first high-k dielectric layer extends upwardly along a lateral surface of the first image sensing element and the second image sensing element; a trench filling layer disposed in an inner space of the deep trench; and a second high-k dielectric layer disposed directly on a topmost surface of the trench filling layer”.
The instant case is a child case of S/N 17/384,956. Claims 1, 17 and 19 contain almost identical key limitations (cited above) to those recited in parent case (claims 1, 16 & 21) and are therefore indicated as allowable for virtually same reasons (see NOA in S/N 17/384,956, dated 04/05/24).
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1 & 17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 & 16 of prior U.S. Patent No. 12062679. Although the claims at issue are not identical, they are not patentably distinct from each other because:
An image sensor, comprising: a first image sensing element and a second image sensing element arranged next to one another within an image sensing die;
An image sensor, comprising: an image sensing die having a front and a back opposite to the front; a first image sensing element and a second image sensing element arranged next to one another within the image sensing die;
a pixel dielectric stack overlying the first image sensing element and the second image sensing element, wherein the pixel dielectric stack comprises a first high-k dielectric layer and a second high-k dielectric layer disposed over the first high-k dielectric layer; and
a pixel dielectric stack … overlying the first image sensing element and the second image sensing element, wherein the pixel dielectric stack comprises a first high-k dielectric layer and a second high-k dielectric layer disposed over the first high-k dielectric layer…
between the first image sensing element and the second image sensing element, a trench filling layer surrounded by an isolation dielectric stack, wherein the isolation dielectric stack comprises an isolation dielectric liner directly contacting the first high-k dielectric layer with a topmost surface higher than a topmost surface of the first high-k dielectric layer.
a backside deep trench isolation (BDTI) structure disposed between the first image sensing element and the second image sensing element … wherein the BDTI structure comprises a trench filling layer surrounded by an isolation dielectric stack, wherein the isolation dielectric stack comprises an isolation dielectric liner directly contacting the first high-k dielectric layer with a topmost surface higher than a topmost surface of the first high-k dielectric layer....
17. An image sensor, comprising: an image sensing element disposed within an image sensing die;
16. An image sensor, comprising …; an image sensing element disposed within the image sensing die, …;
a backside deep trench isolation (BDTI) structure surrounding the image sensing element and comprising a trench filling layer surrounded by a first high-k dielectric layer,
a backside deep trench isolation (BDTI) structure surrounding the image sensing element …, wherein the BDTI structure comprises a trench filling layer surrounded by a first high-k dielectric layer,
wherein the first high-k dielectric layer is disposed along bottom and sidewall surfaces of the trench filling layer and extends upwardly to cover a lateral surface of the image sensing element; and a second high-k dielectric layer disposed on a topmost surface of the first high-k dielectric layer and a topmost surface of the trench filling layer
wherein the first high-k dielectric layer is disposed along bottom and sidewall surfaces of the trench filling layer and extends upwardly to cover a lateral surface of the image sensing element; and a second high-k dielectric layer disposed on the first high-k dielectric layer and extended in lateral crossing a topmost surface of the trench filling layer.
Conclusion
Additional references (if any) are cited on the PTO-892 as disclosing similar features to those of the instant invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alexander Belousov whose telephone number is (571)-272-3167. The examiner can normally be reached on 10 am-4 pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Jeff Natalini can be reached on 571-272-2266. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Alexander Belousov/Patent Examiner, Art Unit 2894
09/05/26
/JEFF W NATALINI/Supervisory Patent Examiner, Art Unit 2818
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