CTNF 19/021,978 CTNF 80628 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-fti AIA The present application is being examined under the pre-AIA first to invent provisions. 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. Claim 1 is rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of prior U.S. Patent No. 11910118. This is a statutory double patenting rejection. See also table below: Patented claim 1 (US11910118) 1. An image sensor comprising: a first microlens upon which light is incident; a second microlens upon which light is incident; a first member having a first opening through which light is transmitted from the first microlens; a second member having a second opening through which light is transmitted from the second microlens, an opening area of the second opening being smaller than an opening area of the first opening; a first photoelectric converter that converts light from the first opening to an electric charge; a second photoelectric converter that converts light from the second opening to an electric charge; a first charge/voltage converter to which the electric charge from the first photoelectric converter is transferred; a second charge/voltage converter to which the electric charge from the second photoelectric converter is transferred; a first source follower transistor that is connected to the first charge/voltage converter and outputs a first signal that is based on a potential of the first charge/voltage converter; a second source follower transistor that is connected to the second charge/voltage converter and that outputs a second signal that is based on a potential of the second charge/voltage converter; a first select portion that outputs the first signal to a first signal line; a second select portion that outputs the second signal to a second signal line; a first select control line that is connected to the first select portion and to which is output a control signal for controlling the first select portion; and a second select control line that is connected to the second select portion and to which is output a control signal for controlling the second select portion, wherein: the first photoelectric converter is disposed between the first microlens and the second select control line in an optical axis direction of the first microlens; and the second photoelectric converter is disposed between the second microlens and the first select control line in an optical axis direction of the second microlens. Application claim 1 1. An image sensor comprising: a first microlens upon which light is incident; a second microlens upon which light is incident; a first member having a first opening through which light is transmitted from the first microlens; a second member having a second opening throug h which light is transmitted from the second microlens, an opening area of the second opening being smaller than an opening area of the first opening; a first photoelectric converter that converts light from the first opening to an electric charge; a second photoelectric converter that converts light from the second opening to an electric charge; a first charge/voltage converter to which the electric charge from the first photoelectric converter is transferred; a second charge/voltage converter to which the electric charge from the second photoelectric converter is transferred; a first source follower transistor that is connected to the first charge/voltage converter and outputs a first signal that is based on a potential of the first charge/voltage converter; a second source follower transistor that is connected to the second charge/voltage converter and that outputs a second signal that is based on a potential of the second charge/voltage converter; a first select portion that outputs the first signal to a first signal line; a second select portion that outputs the second signal to a second signal line; a first select control line that is connected to the first select portion and to which is output a control signal for controlling the first select portion; and a second select control line that is connected to the second select portion and to which is output a control signal for controlling the second select portion, wherein: the first photoelectric converter is disposed between the first microlens and the second select control line in an optical axis direction of the first microlens; and the second photoelectric converter is disposed between the second microlens and the first select control Line in an optical axis direction of the second microlens. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUNG H LAM whose telephone number is (571)272-7367. The examiner can normally be reached 9AM-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, TWYLER HASKINS can be reached at (571) 272-7406. 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. /HUNG H LAM/Primary Examiner, Art Unit 2639 03/30/26 Application/Control Number: 19/021,978 Page 2 Art Unit: 2639 Application/Control Number: 19/021,978 Page 3 Art Unit: 2639 Application/Control Number: 19/021,978 Page 4 Art Unit: 2639 Application/Control Number: 19/021,978 Page 5 Art Unit: 2639 Application/Control Number: 19/021,978 Page 6 Art Unit: 2639 Application/Control Number: 19/021,978 Page 7 Art Unit: 2639
