CTNF 18/976,649 CTNF 80484 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 08-30 AIA A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co. , 151 U.S. 186 (1894); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert , 245 F.2d 467, 114 USPQ 330 (CCPA 1957). A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101. 08-31 AIA Claim 1 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of prior U.S. Patent No. 12199126 . This is a statutory double patenting rejection. Regarding claim 1, the ‘126 patent teaches an image sensor comprising: a semiconductor substrate (semiconductor substrate) that includes a plurality of pixels (plurality of pixels) arranged in a row direction and a column direction, each pixel including a photoelectric converter that converts light into an electric charge, and the plurality of pixels outputting signals based on the charges converted by the photoelectric converters; and a wiring layer (wiring layer) having (i) a first signal line (a first signal line), which is connected to a first pixel of the plurality of pixels and to which signals of the plurality of pixels are output, and (ii) a first storage (a first storage) that accumulates the signals output to the first signal line, wherein the semiconductor substrate has a first surface (a first surface) onto which light is incident and a second surface (a second surface) opposite the first surface, and the wiring layer is located on the second surface of the semiconductor substrate. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to TONY KO whose telephone number is (571)272-1926. The examiner can normally be reached Monday-Friday 9-5pm . 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, Georgia Epps can be reached at 571-272-2328 . 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. /TONY KO/Primary Examiner, Art Unit 2878 TK Application/Control Number: 18/976,649 Page 2 Art Unit: 2878 Application/Control Number: 18/976,649 Page 3 Art Unit: 2878 Application/Control Number: 18/976,649 Page 4 Art Unit: 2878
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