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 .
Examiner Remarks
English translations for the prior art references used in the rejection are attached to this Office Action.
Election/Restrictions
Applicant’s election without traverse of claims 1-6, 13-20 in the reply filed on 02/03/2026 is acknowledged.
Newly submitted claims 21-25 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: The inventions are independent or distinct, each from the other because: Inventions claims 1-6, 13-20 and claims 21-25 are related as subcombinations disclosed as usable together in a single combination. The subcombinations are distinct if they do not overlap in scope and are not obvious variants, and if it is shown that at least one subcombination is separately usable. In the instant case, subcombination I has separate utility such as forming a first opening through a substrate that resides over a dielectric layer; forming, in the first opening, one or more second openings through the dielectric layer; and forming a backside illumination (BSI) pad in the one or more second openings; subcombination II has separate utility such as forming a plurality of photodiodes in a substrate; forming a dielectric layer over the substrate; forming a first opening through the substrate from a backside of the substrate toward the dielectric layer; forming one or more second openings through the dielectric layer exposed by the first opening; and forming a backside illumination (BSI) pad in the one or more second openings to provide an electrical connection to the photodiodes. See MPEP § 806.05(d).
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 21-25 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
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 (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 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, 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1,4,13,17 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 108346672 A YAO, Guo-feng et al. (hereafter Yao), and further in view of US 20190333947 A1 Han; Chang Hun et al. (hereafter Han).
Regarding claim 1, Yao discloses A method, comprising: forming a first opening through a substrate that resides over a dielectric layer (Fig.2C, P.19 para.2nd); forming, in the first opening, one or more second openings through the dielectric layer (Fig.2E, P.22 para.4th-5th).
Yao fails to disclose forming a backside illumination (BSI) pad in the one or more second openings.
However, Han teaches forming a backside illumination (BSI) pad in the one or more second openings (Fig.14, [20], [45], bonding pad 180 is a BSI pad in second opening 170).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Yao to include the teaching in the same field of endeavor of Han, in order to provide a backside illuminated image sensor having an improved structure and a method of manufacturing the backside illuminated image sensor, as identified by Han.
Regarding claims 4, 17, Han teaches The method of claim 1, wherein forming the first opening comprises: forming the first opening through the substrate and one or more of an oxide layer or a metal shielding layer ([55]).
Regarding claim 13, see the rejection for claim 1.
Claim(s) 2, 3, 15, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yao, in view of Han, and further in view of CN 102916018 A LIN, Zheng-xian et al. (hereafter Lin).
Regarding claims 2, 15, Lin teaches The method of claim 1, wherein the first opening resides over a shallow trench isolation (STI) structure ([35]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention having all the references Yao, Han and Lin before him/her, to modify the method disclosed by Yao to include the teaching in the same field of endeavor of Han and Lin, in order to provide a backside illuminated image sensor having an improved structure and a method of manufacturing the backside illuminated image sensor, as identified by Han, and the pad structure formed in the double-opening, as identified by Lin.
Regarding claims 3, 16, Lin teaches The method of claim 2, wherein the STI structure is within the first opening ([44]).
Claim(s) 5,6, 18, 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yao, in view of Han, and further in view of CN 110313067 A YOSHITA, RYOTO et al. (hereafter YOSHITA).
Regarding claims 5, 18, YOSHITA teaches The method of claim 4, wherein the first opening is formed through the substrate, the oxide layer, and the metal shielding layer (P.21 para.3rd).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention having all the references Yao, Han and YOSHITA before him/her, to modify the method disclosed by Yao to include the teaching in the same field of endeavor of Han and YOSHITA, in order to provide a backside illuminated image sensor having an improved structure and a method of manufacturing the backside illuminated image sensor, as identified by Han, and keep mechanical strength while suppressing the parasitic light sensitivity of the solid-state imaging device, as identified by YOSHITA.
Regarding claims 6, 19, YOSHITA teaches The method of claim 4, wherein the oxide layer resides over the substrate, and wherein the metal shielding layer resides over the oxide layer (Fig.10C).
Claim(s) 14, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yao, in view of Han, and further in view of CN 102916021 A YANG, Rong-sheng et al. (hereafter Yang).
Regarding claim 14, Yang teaches The device of claim 13, wherein the one or more second openings comprises a plurality of second openings ([14]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention having all the references Yao, Han and Yang before him/her, to modify the method disclosed by Yao to include the teaching in the same field of endeavor of Han and Yang, in order to provide a backside illuminated image sensor having an improved structure and a method of manufacturing the backside illuminated image sensor, as identified by Han, and improve performance while maintaining or reducing the size of the image sensor circuit, as identified by Yang.
Regarding claim 20, Yang teaches The device of claim 17, wherein the BSI pad at least partially resides over the oxide layer ([26]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: CN 110943052 A, CN 108074943 A, CN 105990384 A.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRACY Y. LI whose telephone number is (571)270-3671. The examiner can normally be reached Monday Friday (8:30 AM- 4:30 PM) EST.
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, David Czekaj can be reached at (571) 272-7327. 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.
/TRACY Y. LI/Primary Examiner, Art Unit 2487
Prosecution Insights