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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d). The certified copy of foreign patent application number 10-2021-0119567, filed in Korea on September 8, 2021, has been received and made of record.
Information Disclosure Statement
The information disclosure statement (lDS) submitted on October 31, 2024, is in compliance with the provisions of 37 CFR 1.97 and is being considered by the Examiner.
Double Patenting
The non-statutory 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 non-statutory 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 non-statutory 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 non-statutory 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 e-Terminal Disclaimer may be filled out completely online using web-screens. An e-Terminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about e-Terminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1, 4 and 5 are rejected on the ground of non-statutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,151,617. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1, 4 and 5 of the instant application are broader in every aspect than corresponding claims 1, 2 and 7 of prior U.S. Patent No. 12,151,617, and are therefore an obvious variant thereof.
U.S. Application No. 18/933,619
U.S. Patent No. 12,151,617
1. A unit pixel comprising:
1. A unit pixel comprising:
a first photoelectric converter;
a first photoelectric converter;
a first transfer transistor disposed between the first photoelectric converter and a first node and connected to the first photoelectric converter and the first node;
a first transfer transistor disposed between the first photoelectric converter and a first node and connected to the first photoelectric converter and the first node;
a connection transistor disposed between a second node and the first node and connected to the second node and the first node;
a connection transistor disposed between a second node and the first node and connected to the second node and the first node;
a second transfer transistor disposed between a third node and the second node and connected to the third node and the second node;
a second transfer transistor disposed between a third node and the second node and connected to the third node and the second node;
a second photoelectric converter connected to the third node;
a second photoelectric converter connected to the third node;
a storage metal-oxide semiconductor (MOS) capacitor connected to the third node, wherein the storage MOS capacitor stores charges from the second photoelectric converter; and
a storage MOS (metal-oxide semiconductor) capacitor connected to the third node, wherein the storage MOS capacitor stores charges from the second photoelectric converter; and
a capacitor connected to the second node.
THE CONNECTION IS NOT REQUIRED TO BE A DIRECT CONNECTION WITHOUT INTERVENING ELEMENTS.
a capacitor connected to a fourth node disposed between the second node and the second transfer transistor, the fourth node being connected to the second node and the second transfer transistor.
U.S. Application No. 18/933,619
U.S. Patent No. 12,151,617
4. The unit pixel of claim 1, wherein the capacitor stores overflow charges which have overflowed from the second photoelectric converter.
2. The unit pixel of claim 1, wherein the capacitor stores overflow charges which have overflowed from the second photoelectric converter.
5. The unit pixel of claim 1, wherein the unit pixel further comprises a first area including the first photoelectric converter and a second area including the second photoelectric converter, and a size of the first area is greater than a size of the second area.
EACH AREA CAN BE READ TO ONLY INCLUDE THE PHOTOELECTRIC CONVERTERS.
7. The unit pixel of claim 1, wherein the first photoelectric converter is larger than the second photoelectric converter.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 4, 14 and 19 are rejected under 35 U.S.C. 101 because the claims are directed to neither a “process” nor a “machine”, but rather embraces or overlaps two different statutory classes of invention set forth in 35 U.S.C. 101 which is drafted so as to set forth the statutory classes of invention in the alternative only. Ex parte Lyell, 17 USPQe2d 1551 (Bd. Pat. App. & Inter. 1990). Also see 2173.05(p), section Il.
Regarding claim 4, the independent claim from which claim 4 depends and inherits all limitations therefrom is directed to an apparatus (e.g., “a unit pixel”). However, claim 4 is directed to a method of operation (e.g., “stores overflow charges which have overflowed…”). In light of the above, the claim has not been drafted so as to set forth the statutory classes of invention in the alternative only.
Regarding claim 14, the independent claim from which claim 14 depends and inherits all limitations therefrom is directed to an apparatus (e.g., “an image sensor”). However, claim 14 is directed to a method of operation (e.g., “stores overflow charges which have overflowed…”). In light of the above, the claim has not been drafted so as to set forth the statutory classes of invention in the alternative only.
Regarding claim 19 the independent claim from which claim 19 depends and inherits all limitations therefrom is directed to an apparatus (e.g., “a vehicle”). However, claim 19 is directed to a method of operation (e.g., “stores overflow charges which have overflowed…”). In light of the above, the claim has not been drafted so as to set forth the statutory classes of invention in the alternative only.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4, 14 and 19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 4, the independent claim from which claim 4 depends and inherits all limitations therefrom is directed to an apparatus (e.g., “a unit pixel”). However, claim 4 is directed to a method of operation (e.g., “stores overflow charges which have overflowed…”). Absent clarity, one skilled in the art would not be fully apprised of the metes and bounds of the claimed subject matter as it applies to a single statutory class. In light of at least this, the claims are indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 14, the independent claim from which claim 14 depends and inherits all limitations therefrom is directed to an apparatus (e.g., “an image sensor”). However, claim 14 is directed to a method of operation (e.g., “stores overflow charges which have overflowed…”). Absent clarity, one skilled in the art would not be fully apprised of the metes and bounds of the claimed subject matter as it applies to a single statutory class. In light of at least this, the claims are indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 19 the independent claim from which claim 19 depends and inherits all limitations therefrom is directed to an apparatus (e.g., “a vehicle”). However, claim 19 is directed to a method of operation (e.g., “stores overflow charges which have overflowed…”). Absent clarity, one skilled in the art would not be fully apprised of the metes and bounds of the claimed subject matter as it applies to a single statutory class. In light of at least this, the claims are indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Allowable Subject Matter
Claims 9-13, 15-18 and 20 are allowed.
The following is an examiner’s statement of reasons for allowance:
Regarding claims 9-13, the prior art has not been found by the Examiner to teach or fairly suggest the claimed combination of an image sensor comprising a pixel array including unit pixels, and read-out circuit, wherein each of the unit pixels includes a first photoelectric converter, a source follower connected to the read-out circuit, a first transfer transistor disposed between the first photoelectric converter and the source follower, a second photoelectric converter different from the first photoelectric converter, a connection transistor disposed between the source follower and a first node and connected to the source follower and the first node, a second transfer transistor having a first end connected to the second photoelectric converter and a second end connected to the first node, a capacitor connected to the first node, and a storage metal-oxide semiconductor (MOS) capacitor having a first end connected to the second photoelectric converter, wherein the storage MOS capacitor stores charges from the second photoelectric converter.
Regarding claims 15-18 and 20, the prior art has not been found by the Examiner to teach or fairly suggest the claimed combination of a vehicle comprising an electronic control unit, and an image sensor connected to the electronic control unit, wherein the image sensor includes a pixel array including unit pixels, and a read-out circuit for connecting the pixel array and the electronic control unit to each other, wherein each of the unit pixels includes: a first photoelectric converter, a first transfer transistor having a first end connected to the first photoelectric converter and a second end connected to a source follower, a connection transistor having a first end connected to the source follower and a second end connected to a first node, a second transfer transistor having a first end connected to the first node and a second end connected to a second node, a second photoelectric converter connected to the second node, and a storage metal-oxide semiconductor (MOS) capacitor connected to the second node, and a capacitor connected to the first node, wherein the storage MOS capacitor stores charges from the second photoelectric converter.
The closest references explicitly fail to teach a storage metal-oxide semiconductor (MOS) capacitor connected to the second node, and a capacitor connected to the first node, wherein the storage MOS capacitor stores charges from the second photoelectric converter, in the manners of connection claimed.
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.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent Publication 2023/0088705 and corresponding U.S. Patent No. 11,917,311 to Lim and exempt/not a basis for rejection under 35 U.S.C. 102(b) via 102(a)(2), teaches a similar unit pixel configuration employing two capacitors, one being a MOS capacitor to deal with overflow charge.
U.S. Patent Publication No. 2018/0241955 to Sakano et al. teaches a similar pixel configuration.
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GARY C VIEAUX whose telephone number is (571)272-7318. The examiner can normally be reached Increased Flex.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lin Ye can be reached at 571-272-7372. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GARY C VIEAUX/Primary Examiner, Art Unit 2638
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