Prosecution Insights
Last updated: October 02, 2026
Application No. 18/979,340

IMAGE SENSING DEVICE

Non-Final OA §103
Filed
Dec 12, 2024
Priority
Jun 30, 2021 — RE 10-2021-0086027 +1 more
Examiner
YAP, DOUGLAS ANTHONY
Art Unit
2899
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
SK hynix Inc.
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
1y 5m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
54 granted / 67 resolved
+12.6% vs TC avg
Moderate +12% lift
Without
With
+12.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
31 currently pending
Career history
107
Total Applications
across all art units

Statute-Specific Performance

§103
56.0%
+16.0% vs TC avg
§102
23.6%
-16.4% vs TC avg
§112
18.2%
-21.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 67 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 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. Claims 1-5 and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over in view of Kim (US 2020/0212095 A1) in view of Do (US 2021/0066369 A1) and Pan (US 2018/0069043 A1). Regarding claim 1, Kim teaches an image sensing device (100’, see Figs. 6-7), comprising: a substrate layer (110) including a plurality of photoelectric conversion elements (112) configured to detect incident light to generate photocharges (see ¶ [0034]-[0035] ); a plurality of color filters (130) disposed over the substrate layer to filter the incident light toward the plurality of photoelectric conversion elements depending on a wavelength range of the incident light corresponding to colors of the incident light (see ¶ [0035] ); a metal layer (144b & 145b) disposed between the color filters adjacent to each other; a buffer layer (122b & 124b) disposed over the metal layer between the color filters adjacent to each other; an air layer (141b) disposed over the buffer layer between the color filters adjacent to each other; and a capping layer (143b & 142b) formed to cover a stacked structure of the metal layer, the buffer layer, and the air layer. However, Kim does not teach the buffer layer to be an antireflective layer. Do, in the same field of invention, teaches an image sensing device (100, see Figs. 2-3) having a buffer layer (120) configured to be an antireflective layer (¶ [0033]: “the buffer layer 120 may operate as an anti-reflection film” ). A person of ordinary skill in the art, prior to the effective date of the claimed invention, will find it obvious to combine the teachings of Do into the device of Kim to configure the buffer layer into an anti-reflective layer. The ordinary artisan would have been motivated to modify Kim in the manner set forth above for at least the purpose of allowing incident light received through the lens layer (150) and the color filter layers (130) to pass through the photoelectric conversion elements (112), thereby increasing the amount of light received by the photoelectric conversion elements and improving the performance of the image sensor (Do ¶ [0033]). However, Kim in view of Do does not teach the image sensing device, wherein the buffer layer has a top surface that includes one or more protruding regions and one or more recess regions. Pan, in the same field of invention, teaches an image sensing device (see Abstract) comprising at least of an antireflective layer (160, see Fig. 13 and ¶ [0026] ) having one or more protruding regions (peaks of 130b) and one or more recess regions (valleys of 130b; microstructures 130b having multiple peaks and valleys; see also Fig. 8). Therefore, Kim in view of Do and Pan teaches the image sensing device, wherein the buffer layer has a top surface that includes one or more protruding regions and one or more recess regions. A person of ordinary skill in the art, prior to the effective date of the claimed invention, will find it obvious to combine the teachings of Pan into the device of Kim in view of Do to change the shape of the antireflective layer from a flat surface to a surface having one or more protruding regions and one or more recess regions. The ordinary artisan would have been motivated to modify Kim in view of Do in the manner set forth above for at least the purpose of optimizing the wavelength of light that is allowed to pass through the antireflective layer (see Pan ¶ [0021] ), thereby optimizing the reflection loss and absorption ratio of the incident light (140, see Figs. 7 & 9 and ¶ [0021]-[0022]). Regarding claim 2, the image sensing device according to claim 1, wherein: the capping layer includes a first region (portion of 143b & 142b directly contacting 141b; see Kim Fig. 7) covering the air layer and a second region (portion of 143b/126b, labelled as 126b, directly contacting 122b & 124b) covering the buffer layer and the metal layer, and the first region has a larger thickness (due to 142b) than the second region. Regarding claim 3, the image sensing device according to claim 1, wherein: the capping layer is formed to cover a top surface (top surface of 141b; 143b is on top of the top surface of 141b, see Kim Fig. 7) and a side surface (vertical side surfaces of 141b) of the air layer, a side surface (vertical side surfaces of 144b & 145b) of the metal layer, a side surface of the buffer layer (vertical side surfaces of 122b&124b), and a portion of a top surface (horizontal top surfaces of 122b&124b that is directly on top of metal layer 145b) of the buffer layer. Regarding claim 4, the image sensing device according to claim 1, wherein: the capping layer is in contact with a portion of the one or more protruding regions (Kim in view of Do and Pan teaches the capping layer 143b of Kim Fig. 7 in contact with the protruding regions of buffer layer 122b&124b). Regarding claim 5, the image sensing device according to claim 1, wherein: the air layer is formed to have a smaller width than the buffer layer (Kim Fig. 7 shows 141b having a narrower width than the width of the top surface of 122b&124b that is on top of the metal layer 145b). Regarding claim 8, the image sensing device according to claim 1, wherein: the capping layer is formed to extend to a region disposed below the color filters (Kim Fig. 7 shows capping layer 143b is part of 120b; Fig. 6 shows 120b below color filters 130). Regarding claim 9, the image sensing device according to claim 1, wherein: the capping layer includes an ultra-low temperature oxide (ULTO) film (see Kim ¶ [0042] ). Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over in view of Kim (2020/0212095) in view of Do (US 2021/0066369 A1) and Pan (US 2018/0069043 A1) as applied to claim 1 above, and further in view of Yun (US 2015/0083465 A1). Regarding claim 6, Kim et al. teach the image sensing device according to claim 1 and further teach the buffer layer to be an anti-reflective layer (see claim 1 rejection above), but do not teach the device wherein the one or more protruding regions of the anti-reflective layer include hemispherical shapes. Yun, in the same field of invention, teach one or more protruding regions of an antireflective layer (120, see ¶ [0083] ) include hemispherical shapes (140, see ¶ [0155] and Fig. 1; note spherical-shaped objects can be broadly interpreted as having at least a hemispherical shape ). A person of ordinary skill in the art, prior to the effective date of the claimed invention, will find it obvious to combine the teachings of Yun into the device of Kim et al. to add hemispherical shapes to one or more protruding regions of the anti-reflective layer. The ordinary artisan would have been motivated to modify Kim et al. in the manner set forth above for at least the purpose of optimizing the transmittance of the anti-reflective layer, with respect to the wavelength of the incident light, by changing the diameter of the hemispherical shapes and the distance between each hemispherical shape (see Yun ¶ [0100]-[0106], Figs. 3 and 4 ). Claims 7, 10-11 and 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over in view of Kim (2020/0212095) in view of Do (US 2021/0066369 A1) and Pan (US 2018/0069043 A1) as evidenced by MatWeb (see NPL). Regarding claim 7, the image sensing device according to claim 1, wherein: the buffer layer has a thermal expansion coefficient (Kim ¶ [0093] : 122b made of silicon nitride; CTE of SiN is 2.80 μm/m-°C as evidenced by MatWeb) that is lower than a thermal expansion coefficient of the metal layer (Kim ¶ [0078]: 145b made of Tungsten; CTE of Tungsten is 4.40 μm/m-°C as evidenced by MatWeb). Regarding claim 10, Kim teaches an image sensing device (100’, see Figs. 6-7), comprising: a substrate layer (110) including a plurality of photoelectric conversion elements (112) and device isolation structures (144b is part of a metal grid MG, see Fig. 7 & ¶ [0077] ) disposed between the photoelectric conversion elements, wherein the photoelectric conversion elements are configured to detect incident light to generate photocharges (see ¶ [0034]), and the device isolation structures are configured to electrically or optically isolate the photoelectric conversion elements from each other (¶ [0037] explains how grid structures are used ); a first material layer (145b; ¶ [0078]: made of Tungsten) disposed over the substrate layer to overlap with the device isolation structure (Fig. 7, when viewed from the top, shows 145b overlapping 144b) and having a first thermal expansion coefficient (CTE of Tungsten is 4.40 μm/m-°C as evidenced by MatWeb); a second material layer (124b / 147b; ¶ [0079], [0093] : 124b / 147b is made of silicate glass) disposed over the first material layer and having a second thermal expansion coefficient smaller than the first thermal expansion coefficient (CTE of silicate glass is 3.25 μm/m-°C as evidenced by MatWeb); a third material layer (141b; ¶ [0081]: made of air) disposed over the second material layer; and a capping layer (143b & 142b) structured to cover a stacked structure of the first material layer, the second material layer, and the third material layer (Fig. 7 shows 140b being a stacked structure). Kim further teaches the second material layer to be a buffer layer (see ¶ [0084] and Fig. 7 ). However, Kim does not teach the buffer layer to be an antireflective layer. Do, in the same field of invention, teaches an image sensing device (100, see Figs. 2-3) having a buffer layer (120) configured to be an antireflective layer (¶ [0033]: “the buffer layer 120 may operate as an anti-reflection film” ). A person of ordinary skill in the art, prior to the effective date of the claimed invention, will find it obvious to combine the teachings of Do into the device of Kim to configure the buffer layer into an anti-reflective layer. The ordinary artisan would have been motivated to modify Kim in the manner set forth above for at least the purpose of allowing incident light received through the lens layer (150) and the color filter layers (130) to pass through the photoelectric conversion elements (112), thereby increasing the amount of light received by the photoelectric conversion elements and improving the performance of the image sensor (Do ¶ [0033]). However, Kim in view of Do does not teach the image sensing device, wherein the second material layer has a top surface that includes one or more protruding regions and one or more recess regions. Pan, in the same field of invention, teaches an image sensing device (see Abstract) comprising at least of an antireflective layer (160, see Fig. 13 and ¶ [0026] ) having one or more protruding regions (peaks of 130b) and one or more recess regions (valleys of 130b; microstructures 130b having multiple peaks and valleys; see also Fig. 8). Therefore, Kim in view of Do and Pan teaches the image sensing device, wherein the second material layer has a top surface that includes one or more protruding regions and one or more recess regions. A person of ordinary skill in the art, prior to the effective date of the claimed invention, will find it obvious to combine the teachings of Pan into the device of Kim in view of Do to change the shape of the antireflective layer from a flat surface to a surface having one or more protruding regions and one or more recess regions. The ordinary artisan would have been motivated to modify Kim in view of Do in the manner set forth above for at least the purpose of optimizing the wavelength of light that is allowed to pass through the antireflective layer (see Pan ¶ [0021] ), thereby optimizing the reflection loss and absorption ratio of the incident light (140, see Fig. 7 and ¶ [0021] ). Regarding claim 11, the image sensing device according to claim 10, wherein: the capping layer includes a first region (portion of 143b & 142b directly contacting 141b; see Kim Fig. 7) covering the third material layer and a second region (portion of 143b/126b directly contacting 124b and covering both 124b and 145b) covering the first material layer and the second material layer, and the first region has a larger thickness (due to 142b) than the second region. Regarding claim 13, the image sensing device according to claim 10, wherein: the capping layer is in contact with a portion of the one or more protruding regions (Kim in view of Do and Pan teaches the capping layer 143b of Kim Fig. 7 in contact with the protruding regions of the second material layer 124b). Regarding claim 14, the image sensing device according to claim 10, wherein: the first material layer includes metal (Kim ¶ [0078]: made of Tungsten); and the third material layer includes air (¶ [0081]: made of air). Regarding claim 15, the image sensing device according to claim 10, wherein: the third material layer is formed to have a smaller width than the second material layer (Kim Fig. 7 shows 141b having a narrower width than the width of the top surface of 124b / 147b that is disposed over first material layer 145b). Regarding claim 16, the image sensing device according to claim 10, wherein: the capping layer includes an ultra-low temperature oxide (ULTO) film (see Kim ¶ [0042] ). Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over in view of Kim (2020/0212095) in view of Do (US 2021/0066369 A1) and Pan (US 2018/0069043 A1) as applied to claim 10 above, and further in view of Yun (US 2015/0083465 A1). Regarding claim 12, Kim et al. the image sensing device according to claim 10 and further teach the second material layer to be an anti-reflective layer (see claim 10 rejection above). However, Kim et al. do not teach the device wherein the one or more protruding regions of the anti-reflective layer include hemispherical shapes. Yun, in the same field of invention, teach one or more protruding regions of an antireflective layer (120, see ¶ [0083] ) include hemispherical shapes (140, see ¶ [0155] and Fig. 1; note spherical-shaped objects can be broadly interpreted as having at least a hemispherical shape ). A person of ordinary skill in the art, prior to the effective date of the claimed invention, will find it obvious to combine the teachings of Yun into the device of Kim et al. to add hemispherical shapes to one or more protruding regions of the anti-reflective layer. The ordinary artisan would have been motivated to modify Kim et al. in the manner set forth above for at least the purpose of optimizing the transmittance of the anti-reflective layer, with respect to the wavelength of the incident light, by changing the diameter of the hemispherical shapes and the distance between each hemispherical shape (see Yun ¶ [0100]-[0106], Figs. 3 and 4 ). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS YAP whose telephone number is (703)756-1946. The examiner can normally be reached Monday - Friday 8:00 AM - 5:00 PM ET. 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, Zandra Smith can be reached on (571) 272-2429. 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. /DOUGLAS YAP/Assistant Examiner, Art Unit 2899 /JOHN M PARKER/Primary Examiner, Art Unit 2899
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Prosecution Timeline

Dec 12, 2024
Application Filed
Sep 16, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
81%
Grant Probability
93%
With Interview (+12.1%)
3y 2m (~1y 5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 67 resolved cases by this examiner. Grant probability derived from career allowance rate.

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