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 .
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.
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of U.S. Patent No. 12,080,732; and claims 1-18 of 11,670,652. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed invention of the instant application is a similar version of the claimed invention of the above identified U.S. patents with the similar intended scope. For example, the claims of the copending application differ from the claims of Murakami et al (U.S. 12,080,732) in that the claimed system of the copending application merely include well known features of a camera system comprising a lens that would have been an obvious design choice to one of ordinary skill in the art merely depending on the needs of particular application and involving only routine skill in the art. In addition, although the claims of Murakami et al (U.S. 11,670,652) do not recite the additional feature of a semiconductor substrate, the specific scheme and configuration utilized for an imaging device would have been obvious to one of ordinary skill in the art in view of meeting different design requirements and achieving the particular desired performance.
Instant Application
Patent No. 12,080,732
Claim 1. A camera system comprising:
a lens; and
an imaging device that receives a light through the lens; wherein
the imaging device including:
a semiconductor substrate;
a photoelectric converter that is configured to convert the light into a signal charge and that is stacked on the semiconductor substrate;
a node to which the signal charge is input;
a transistor having a source and a drain, one of the source and the drain being connected to the node; and
a capacitive element connected between the transistor and a voltage source or a ground, wherein
the transistor is configured to switch between a first state and a second state, a sensitivity in the first state being different from a sensitivity in the second state, and
in a cross-sectional view, the capacitive element is located between the semiconductor substrate and the photoelectric converter.
Claim 1. An imaging device comprising:
a semiconductor substrate;
a photoelectric converter that converts incident light into a signal charge, the photoelectric converter being stacked on the semiconductor substrate;
a node to which the signal charge is input;
a transistor having a source and a drain, one of the source and the drain being connected to the node; and
a capacitive element connected between the transistor and a voltage source or a ground, wherein
the transistor is configured to switch between a first mode and a second mode, a sensitivity in the first mode being different from a sensitivity in the second mode, and
in a cross-sectional view, the capacitive element is located between the semiconductor substrate and the photoelectric converter.
Instant Application
Patent No. 11,670,652
Claim 1. A camera system comprising:
a lens; and
an imaging device that receives a light through the lens; wherein
the imaging device including:
a semiconductor substrate;
a photoelectric converter that is configured to convert the light into a signal charge and that is stacked on the semiconductor substrate;
a node to which the signal charge is input;
a transistor having a source and a drain, one of the source and the drain being connected to the node; and
a capacitive element connected between the transistor and a voltage source or a ground, wherein
the transistor is configured to switch between a first state and a second state, a sensitivity in the first state being different from a sensitivity in the second state, and
in a cross-sectional view, the capacitive element is located between the semiconductor substrate and the photoelectric converter.
Claim 1. An imaging device comprising:
a photoelectric converter that converts incident light into a signal charge;
a node to which the signal charge is input;
a transistor having a source and a drain, one of the source and the drain being connected to the node; and
a capacitive element including a first electrode, a second electrode and a dielectric film sandwiched between the first electrode and the second electrode, the first electrode being connected to the other of the source and the drain of the transistor, the second electrode being connected to a voltage source or a ground, wherein
the transistor is configured to switch between a first mode and a second mode, a sensitivity in the first mode being different from a sensitivity in the second mode.
It is noted that claims 2-20 of the present application correspond to claims 2-12 of U.S. Patent No. 12,080, 732; and claims 2-20 of the present application correspond to claims 2-18 of U.S. Patent No. 11,670,652.
Allowable Subject Matter
Claims 1-20 would be allowable if a timely filed terminal disclaimer would be submitted to overcome the outstanding double patenting rejection.
The following is a statement of reasons for the indication of allowable subject matter: Regarding claims 1-20, while the prior art (i.e. Satou et al; US 2022/0109800) discloses the use of a substrate substrate, a photoelectric converter, a capacitor, and a transistor, it fails to disclose or make obvious a camera system comprising, in addition to the other recited features of the claim, the details and functions of a lens, a semiconductor substrate, a photoelectric converter, a node, a transistor and a capacitive element in the manner recited in claim 1, 7 or 13.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Satou et al (US 2022/0109800) is cited for disclosing an imaging device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN K PYO whose telephone number is (571)272-2445. The examiner can normally be reached 9:00-5:30 PM.
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/KEVIN K PYO/Primary Examiner, Art Unit 2878