Office Action Predictor
Last updated: April 16, 2026
Application No. 18/908,109

IMAGE SENSOR AND ELECTRONIC APPARATUS INCLUDING THE IMAGE SENSOR

Non-Final OA §103
Filed
Oct 07, 2024
Examiner
NAZRUL, SHAHBAZ
Art Unit
2638
Tech Center
2600 — Communications
Assignee
Samsung Electronics Co., LTD.
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
2y 1m
To Grant
94%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allow Rate
569 granted / 634 resolved
+27.7% vs TC avg
Minimal +4% lift
Without
With
+4.4%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
20 currently pending
Career history
654
Total Applications
across all art units

Statute-Specific Performance

§101
2.7%
-37.3% vs TC avg
§103
39.8%
-0.2% vs TC avg
§102
34.0%
-6.0% vs TC avg
§112
10.2%
-29.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 634 resolved cases

Office Action

§103
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 § 103 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 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 of this title, 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. Claims 1-3, 12-13, 16-18, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Mun et al. (US 20230139533 A1, hereinafter Mun) in view of Kress et al. (US 20250150722 A1, hereinafter Kress. Kress has a provisional application 63/549,900, which has a filing date of Nov. 3, 2023. The provisional application is attached herewith). Regarding claim 1, Mun discloses an image sensor (optical sensor, abstract, title, 1000 fig. 1, ¶009) comprising: a sensor substrate (110, fig. 7, ¶0105) comprising a plurality of pixels configured to sense incident light (1100, figs. 1-2, 6-7, ¶0104-0106); a nano-optical micro-lens array comprising a plurality of nano-optical micro-lenses respectively corresponding to the plurality of pixels (¶0188-0189, figs. 34-35, references 171-174); and a color filter array disposed between the sensor substrate and the nano-optical micro-lens array and comprising a plurality of color filters (¶0115, ¶0187, figs. 10, 34, reference 120), wherein each of the plurality of nano-optical micro-lenses comprises a plurality of nanostructures to condense the incident light onto a corresponding pixel (¶s 0117, 0188-0189, figs. 10, 34, reference "NS"), and when viewed in a cross-section of the nano-optical micro-lens array, a fill factor denotes a ratio of an area of the nanostructures arranged within a reference circle among the plurality of nanostructures included in one of the plurality of nano-optical micro-lenses, and the reference circle has a pixel size corresponding to the one nano-optical micro-lens as a diameter (¶0198, fig.s 35, 36 - wherein "the first nanophotonic microlens 171 may include a dense area br surrounded by a sparse area cr"), Mun is not found disclosing expressly the limitation of, the fill factor is greater than or equal to 95 %. The problem to be solved by the present invention may therefore be regarded as how to optimize the nano-optical micro-lens array. Mun does not explicitly discloses a reference circle (RC) and a fill factor representing the ratio of the area of the nanostructures NP arranged within the reference circle RC to the entire area of the nanostructures NP. However, it discloses "microlens 171" which includes a "dense area br" surrounded by a "sparse area er" which is considered to correspond to the definition of RC in claim 1, Mun (see figure 35). Next, Mun (paragraph 199, figure 35) discloses that the diameter of the nanostructures (NS) increases toward the center region from the edge i.e. the fill factor in the dense region is higher than the sparse regions arranged at the edges. Further, arranging of the NS, so that the fill factor is greater than or equal to 95% is merely one of several straightforward possibilities which the skilled person would select, depending on the circumstances, without exercising inventive skill, in order to solve the problem posed. Nevertheless, Kress discloses that metalens elements in an optical lens can attain a fill factor of 100% [¶0073, provisional application spec ¶0049]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to make the fill factor greater than 95% using the teaching of Kress, because, Mun also discloses the goal of attaining higher fill factor for the microlens nanostructures for having better optical image capture. Furthermore, combining prior art elements ready to be improved according to known method to yield predictable results is obvious. Regarding claim 2, Mun in view of Kress discloses, the image sensor of claim 1, wherein, among the plurality of nano-optical micro-lenses, the fill factor of the nano-optical micro-lens located at a centralmost point of the nano-optical micro-lens array is 100 % (See the rationale of combination above for claim 1. Also see Kress, ¶0073, or Kress provisional application spec ¶0049). Regarding claim 3, Mun in view of Kress discloses, the image sensor of claim 1, wherein each of the plurality of pixels comprises four light photosensitive cells in a 2x2 arrangement (figs.7-9, ¶0110). Regarding claim 12, Mun in view of Kress discloses, the image sensor of claim 1, wherein, when the plurality of nano-optical micro-lenses are divided into a center and a periphery according to relative positions within the nano-optical micro-lens array, the fill factor of the nano-optical micro-lens at the center is greater than the fill factor of the nano-optical micro-lens at the periphery (fig. 39). Regarding claim 13, Mun in view of Kress discloses, the image sensor of claim 1, wherein the plurality of nano-optical micro lenses comprise a first nano-optical micro-lens facing a green filter; a second nano-optical micro-lens facing a blue filter; and a third nano-optical micro-lens facing a red filter (fig. 2, Bayer pattern, ¶0097. Also see fig. 8, ¶0107). Regarding claim 16, Mun in view of Kress discloses, the image sensor of claim 1, wherein the plurality of pixels comprise first to fourth pixel groups adjacent in a 2x2 arrangement, each of the first to fourth pixel groups comprises four first to fourth pixels adjacent in the 2x2 arrangement (figs. 7-9, ¶0110), the plurality of nano-optical micro-lenses comprise four first to fourth nano-optical micro-lenses respectively corresponding to the four first to fourth pixels adjacent in the 2x2 arrangement (ibid, fig. 2, Bayer pattern, ¶0097), the color filter array comprises a first green filter, a blue filter, a red filter, and a second green filter, and the first green filter, the blue filter, the red filter, and the second green filter respectively face the first to fourth pixel groups one-to-one (fig. 2, Bayer pattern, ¶0097. Also see fig. 8, ¶0107). . Regarding claim 17, Mun in view of Kress discloses, the image sensor of claim 1, wherein the plurality of pixels comprise first to fourth pixels adjacent in a 2x2 arrangement, each of the first to fourth pixels includes four photosensitive cells in the 2x2 arrangement (fig. 9, ¶0110; fig. 34-36), the plurality of nano-optical micro-lenses comprise first to fourth nano-optical micro-lenses facing the first to fourth pixels, respectively (figs. 7-9, ¶0110, fig. 34-36), the color filter array comprises a first green filter, a blue filter, a red filter, and a second green filter (fig. 2, Bayer pattern, ¶0097. Also see fig. 8, ¶0107)., and the first green filter, the blue filter, the red filter, and the second green filter respectively face the first to fourth pixels one-to-one (fig. 2, Bayer pattern, ¶0097. Also see fig. 8, ¶0107). Regarding claim 18, Mun discloses an electronic apparatus (1800, fig. 42) comprising: a lens assembly (1910, fig. 42) comprising one or more lenses to form an optical image of a subject (¶0262-0267); the image sensor (1000, fig. 42) according to claim 1, wherein the image sensor is configured to convert the optical image into an electrical signal (see claim 1 rejection above. Abstract. ¶0262-0267, fig. 42); and a processor (1960, fig. 42) configured to process the electrical signal generated by the image sensor (1000, fig. 42, ¶0262-0267). Regarding claim 20, Mun discloses an image sensor (optical sensor, abstract, title, 1000 fig. 1, ¶009) comprising: a sensor substrate (110, fig. 7, ¶0105) comprising pixels configured to convert light into electrical signals (1100, figs. 1-2, 6-7, ¶0104-0106); a nano-optical micro-lens lens array comprising nano-optical micro-lenses to focus light into the pixels (¶0188-0189, figs. 34-35, references 171-174); and a color filter array positioned between the sensor substrate and the nano-optical micro-lens lens array (¶0115, ¶0187, figs. 10, 34, reference 120), wherein each of the nano-optical micro-lenses comprises nanostructures that are arranged along perimeters of two concentric circles having different diameters, and are positioned away from pixel boundary lines and a center of the concentric circles (figs. 34-36. Since definition of the two concentric circles having different diameters is not given, the limitation is understood met for a pair of arbitrary concentric circles with differing diameter, outer circle substantially inscribing the boundary of the pixel as shown in figs. 34-36, since the density of the nanostructure is less in the four corners.). Allowable Subject Matter Claim 19 is allowed. The following is an examiner’s statement of reasons for allowance: Prior arts of record taken alone or in combination fails to reasonably disclose or suggest, Regarding claim 19, an image sensor comprising: when the plurality of nanostructures are arranged in a form of an NxN matrix on a two-dimensional plane, in the nano-optical micro-lens disposed at a center of the nano-optical micro-lens array, the plurality of nanostructures are absent from four positions of (1, 1), (1, N), (N, 1), and (N, N) and are disposed at remaining N2-4 positions, and wherein N is an integer that is greater than or equal to 3. 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.” Claims 4-11, 14-15 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: Prior arts of record taken alone or in combination fails to reasonably disclose or suggest, Regarding claim 4, when positions at which the plurality of nanostructures are arranged in a form of an NxN matrix on the two-dimensional plane (figs. 34-36), the nanostructures are absent from one or more positions among four positions of (1, 1), (1, N), (N, 1), and (N, N), wherein N is an integer that is greater than or equal to 3. Claims 5-11 are allowable for their dependence of allowable claim 4. Regarding claim 14, wherein a fill factor of the second nano-optical micro-lens is less than a fill factor of the first nano-optical micro-lens or the third nano-optical micro-lens. Regarding claim 15, wherein a number of nanostructures included in the second nano-optical micro-lens is greater than a number of nanostructures included in the first nano-optical micro-lens or the third nano-optical micro-lens. Conclusion The prior and/or pertinent art(s) made of record and not relied upon is considered pertinent to applicant's disclosure, are –Mun et al. (US 20240145509 A1), Fu et al. (US 20240113142 A1), Yun et al. (US 20220326415 A1) – who disclose different image sensor structures having planar nano-photonic microlens arrays of interest. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAHBAZ NAZRUL whose telephone number is (571)270-1467. The examiner can normally be reached M-Th: 9.30 am-3 pm, 6.30 pm-9 pm, F: 9.30 am-1.30 pm, 4 pm-8 pm. 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 attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lin Ye can be reached on 571-272-7372. 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. /SHAHBAZ NAZRUL/Primary Examiner, Art Unit 2638
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Prosecution Timeline

Oct 07, 2024
Application Filed
Jan 10, 2026
Non-Final Rejection — §103
Apr 07, 2026
Response Filed

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
90%
Grant Probability
94%
With Interview (+4.4%)
2y 1m
Median Time to Grant
Low
PTA Risk
Based on 634 resolved cases by this examiner. Grant probability derived from career allow rate.

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