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
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 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.
1. Claims 1, 5-6, 8-10, 12-13, 15 and 19-20 are rejected under 35 U.S.C. 102(a1) as being anticipated by Hsiung et al. (US 9,923,009; hereinafter Hsiung).
Regarding claim 1, Hsiung, in figs. 1A-1B, discloses a pixel sensor, comprising: a plurality of isolation wells 118 in a substrate 110; a photodiode 114 in between the plurality of isolation wells 118; a color filter region 172 over the photodiode 114; and a micro-lens 176 over the color filter region 172.
Regarding claim 5, Hsiung discloses further comprising: an isolation structure 149 over the plurality of isolation wells 118 (fig. 1B).
Regarding claim 6, Hsiung discloses wherein the isolation structure 149 surrounds the photodiode 114 (fig. 1A).
Regarding claim 8, Hsiung, in figs. 1A-1B, discloses a pixel array, comprising: a plurality of photodiodes 114; a plurality of isolation wells 118 surrounding one or more photodiodes 114 of the plurality of photodiodes 114; a plurality of color filter regions 172 over the plurality of photodiodes 114; and a micro-lens layer 176 over the plurality of color filter regions 172.
Regarding claim 9, Hsiung discloses further comprising: an isolation structure 149 over the plurality of isolation wells 118 (fig. 1B).
Regarding claim 10, Hsiung discloses further comprising: a grid structure 174 over the isolation structure 149 (fig. 1A).
Regarding claim 12, Hsiung discloses further comprising: a plurality of sensor 114, wherein each sensor of the plurality of sensors comprises: a respective photodiode of the plurality of photodiodes 114, a respective color filter region 172, of the plurality of color filter regions 172, over the respective photodiode 114, and a respective micro-lens 176, of the micro-lens layer 176, over the respective color filter region 172 (fig. 1A).
Regarding claim 13, the limitations “wherein each color filter region, of the plurality of color filter regions, is configured to filter incident light to allow a particular wavelength of the incident light to pass to a respective photodiode of the plurality of photodiodes” are directed to function, operation, intent-of-use of the nanodevice. It has been held that when the claimed and prior art products are identical in structure or composition, a prima facie case of either anticipation or obviousness has been established. See MPEP § 2112.01. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997). Moreover, the claiming of a new use, new function or unknown property which is inherently present in the prior art does not necessarily make the claim patentable." In re Best, 562 F.2d 1252, 1254, 195 USPQ 430, 433 (CCPA 1977). (MPEP 2112).
Regarding claim 15, Hsiung, in figs. 1A-1B, discloses a method of forming a pixel array (fig. 2), comprising: forming a plurality of isolation wells 118 in a substrate 110; forming, in between the plurality of isolation wells 118, a plurality of photodiodes 114; forming a plurality of color filter regions 172 over the plurality of photodiodes 114; and forming a micro-lens layer 176 over the plurality of color filter regions 172.
Regarding claim 19, Hsiung discloses further comprising: an isolation structure 149 over the plurality of isolation wells 118 (fig. 1B).
Regarding claim 20, Hsiung discloses further comprising: a grid structure 174 over the isolation structure 149 (fig. 1A).
2. Claims 1, 5-10, 12, 15 and 19-20 are rejected under 35 U.S.C. 102(a1) as being anticipated by Lee et al. (US 2017/0047367; hereinafter Lee).
Regarding claim 1, Lee, in fig. 9, discloses a pixel sensor, comprising: a plurality of isolation wells 104/106 in a substrate 100; a photodiode 110 in between the plurality of isolation wells 104/106; a color filter region 304 over the photodiode 110; and a micro-lens 308 over the color filter region 304.
Regarding claim 5, Lee discloses further comprising: an isolation structure 104a/106a over the plurality of isolation wells 104/106 (fig. 9).
Regarding claim 6, Lee discloses wherein the isolation structure 104a/106a surrounds the photodiode 110 (fig. 9).
Regarding claim 7, Lee discloses further comprising: an antireflective coating 302 over one or more of the substrate 100, the plurality of isolation wells 104/106, or the photodiode 110 (fig. 9 & [0041]).
Regarding claim 8, Lee, in fig. 9, discloses a pixel array, comprising: a plurality of photodiodes 110; a plurality of isolation wells 104/106 surrounding one or more photodiodes 110 of the plurality of photodiodes 110; a plurality of color filter regions 304 over the plurality of photodiodes 110; and a micro-lens layer 308 over the plurality of color filter regions 304.
Regarding claim 9, Lee discloses further comprising: an isolation structure 104a/106a over the plurality of isolation wells 104/106 (fig. 9).
Regarding claim 10, Lee discloses further comprising: a grid structure over the isolation structure 104a/106a (fig. 9).
Regarding claim 12, Lee discloses further comprising: a plurality of sensor 110, wherein each sensor of the plurality of sensors comprises: a respective photodiode 110 of the plurality of photodiodes 110, a respective color filter region 304, of the plurality of color filter regions 304, over the respective photodiode 110, and a respective micro-lens 308, of the micro-lens layer 308, over the respective color filter region 304 (fig. 9).
Regarding claim 15, Lee, in fig. 9, discloses a method of forming a pixel array, comprising: forming a plurality of isolation wells 104/106 in a substrate 100; forming, in between the plurality of isolation wells 104/106, a plurality of photodiodes 110; forming a plurality of color filter regions 304 over the plurality of photodiodes 110; and forming a micro-lens layer 308 over the plurality of color filter regions 304.
Regarding claim 19, Lee discloses further comprising: an isolation structure 104a/106a over the plurality of isolation wells 104/106 (fig. 9).
Regarding claim 20, Lee discloses further comprising: a grid structure over the isolation structure 104a/106a (fig. 9).
3. Claims 1, 5-12, 15 and 19-20 are rejected under 35 U.S.C. 102(a2) as being anticipated by Bang et al. (US 2022/0037385; hereinafter Bang).
Regarding claim 1, Bang, in fig. 2B, discloses a pixel sensor, comprising: a plurality of isolation wells 200 in a substrate 100; a photodiode PD in between the plurality of isolation wells 200; a color filter region CF over the photodiode PD; and a micro-lens 500 over the color filter region CF.
Regarding claim 5, Bang discloses further comprising: an isolation structure 210 over the plurality of isolation wells 200 (fig. 2B).
Regarding claim 6, Bang discloses wherein the isolation structure 210 surrounds the photodiode PD (fig. 2B).
Regarding claim 7, Bang discloses further comprising: an antireflective coating 400 over one or more of the substrate 100, the plurality of isolation wells 200, or the photodiode PD (fig. 2B & [0038]).
Regarding claim 8, Bang, in fig. 2B, discloses a pixel array, comprising: a plurality of photodiodes PD; a plurality of isolation wells 200 surrounding one or more photodiodes PD of the plurality of photodiodes PD; a plurality of color filter regions CF over the plurality of photodiodes PD; and a micro-lens layer 500 over the plurality of color filter regions CF.
Regarding claim 9, Bang discloses further comprising: an isolation structure 210 over the plurality of isolation wells 200 (fig. 2B).
Regarding claim 10, Bang discloses further comprising: a grid structure 300 over the isolation structure 210 (fig. 2B).
Regarding claim 11, Bang discloses wherein the grid structure 300 comprises a dielectric layer 320 ([0037]) and a metal layer 310 ([0036]).
Regarding claim 12, Bang discloses further comprising: a plurality of sensor, wherein each sensor of the plurality of sensors comprises: a respective photodiode PD of the plurality of photodiodes PD, a respective color filter region CF, of the plurality of color filter regions CF, over the respective photodiode PD, and a respective micro-lens 500, of the micro-lens layer 500, over the respective color filter region CF (fig. 2B).
Regarding claim 15, Bang, in fig. 2B, discloses a method of forming a pixel array, comprising: forming a plurality of isolation wells 200 in a substrate 100; forming, in between the plurality of isolation wells 200, a plurality of photodiodes PD; forming a plurality of color filter regions CF over the plurality of photodiodes PD; and forming a micro-lens layer 500 over the plurality of color filter regions CF.
Regarding claim 19, Bang discloses further comprising: an isolation structure 210 over the plurality of isolation wells 200 (fig. 2B).
Regarding claim 20, Bang discloses further comprising: a grid structure 300 over the isolation structure 210 (fig. 2B).
4. Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Hsiung (US 9,923,009).
Regarding claims 2-4, 14 and 16-18, although the height-to-width aspect ratio of each isolation well, the height of each isolation well and width of each isolation well are not exactly as claimed, these claims are prima facie obvious without showing that the claimed ranges achieve unexpected results relative to the prior art range. In re Woodruff, 16 USPQ2d 1935, 1937 (Fed. Cir. 1990). See also In re Huang. 40 USPQ2d 1685, 1688(Fed. Cir. 1996) (claimed ranges of a result effective variable, which do not overlap the prior art ranges, are unpatentable unless they produce a new and unexpected result which is different in kind and not merely in degree from the results of the prior art). See also In re Boesch, 205 USPQ 215 (CCPA) (discovery of optimum value of result effective variable in known process is ordinarily within skill of art) and In re Aller, 105 USPQ 233 (CCPA 1955) (selection of optimum ranges within prior art general conditions is obvious).
Conclusion
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to David Vu whose telephone number is (571) 272-1798. The examiner can normally be reached on Monday-Friday from 8:00am to 5:00pm. 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 attempt to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Steven Loke H can be reached on (571) 272-1657. 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.
/DAVID VU/
Primary Examiner, Art Unit 2818
Prosecution Insights