www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/232,408
`
`04/16/2021
`
`MORIKAZU TSUNO
`
`083710-3322
`
`8083
`
`Rimon PC - Pansonic Corporation
`8300 Greensboro Dr.
`Suite 500
`McLean, VA 22102
`
`NIX, NORA TAYLOR
`
`2891
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`01/17/2024
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`USPTOmail@rimonlaw.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Office Action Summary
`
`Application No.
`17/1232,408
`Examiner
`Nora T Nix
`
`Applicant(s)
`TSUNO etal.
`Art Unit
`2891
`
`AIA (FITF) Status
`Yes
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensionsof time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`
`
`1) Responsive to communication(s) filed on 12/13/2023.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)() This action is FINAL. 2b)¥)This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)(2) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`1-18 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) _ is/are withdrawn from consideration.
`C} Claim(s)__ is/are allowed.
`Claim(s) 1-7,9-16 and 18 is/are rejected.
`Claim(s) 8and17 is/are objectedto.
`C] Claim(s
`are subjectto restriction and/or election requirement
`)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10)( The specification is objected to by the Examiner.
`11)M The drawing(s) filed on 04/16/2021 is/are:
`a)¥@) accepted or b)() objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`Priority under 35 U.S.C. § 119
`12)(¥) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)() None ofthe:
`b)( Some**
`a) All
`1.@) Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.1.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`*“ See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`4)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20240104
`
`

`

`Application/Control Number: 17/232,408
`Art Unit: 2891
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AIA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined underthe
`
`first inventorto file provisions of the AJA.
`
`Continued Examination Under 37 CFR 1.114
`
`2.
`
`A request for continued examination under 37 CFR 1.114, including the fee set forth in
`
`37 CFR 1.17(e), wasfiled in this application after final rejection. Since this application is
`
`eligible for continued examination under 37 CFR 1.114, andthe fee set forth in 37 CFR 1.17(e)
`
`has been timely paid, the finality of the previous Office action has been withdrawn pursuantto
`
`37 CFR 1.114. Applicant's submission filed on 11/06/2023 has been entered.
`
`Response to Arguments
`
`3,
`
`Applicant’s arguments with respect to claims | and 10 have been considered but are moot
`
`because the new groundofrejection does not rely on any reference applied in the prior rejection
`
`of record for any teaching or matter specifically challenged in the argument.
`
`4.
`
`Receipt is acknowledgedofcertified copies of papers required by 37 CFR 1.55.
`
`Priority
`
`Claim Rejections - 35 USC § 103
`
`5.
`
`In the event the determination of the status of the application as subject to ATA 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
`
`

`

`Application/Control Number: 17/232,408
`Art Unit: 2891
`
`Page 3
`
`statutory basis (1.e., changing from AIAto pre-AIA)for the rejection will not be considered a
`
`new ground ofrejection if the prior art relied upon, and the rationale supporting the rejection,
`
`would be the same undereitherstatus.
`
`6.
`
`Thetext of those sections of Title 35, U.S. Code not included in this action can be found
`
`in a prior Office action.
`
`7.
`
`Claims 1-6, 9-15, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Lee
`
`(US 20080224243 A1; hereinafter Lee) in view of Kim et al. (US 20090127599 A1; hereinafter
`
`Kim).
`
`Regarding claim 1, FIG. 7 of Lee teaches an imaging device (e.g., FIG. 7) comprising:
`
`a photoelectric conversion layer (100 { [0018]);
`
`a counter electrode (80) provided above the photoelectric conversion layer (100 {
`
`[0024]);
`
`a pixel electrode (45 { [0016]) that faces the counter electrode (80) with the photoelectric
`
`conversion layer (100) disposed between the counter electrode (80) and the pixel electrode (45 {
`
`[0018],[0024]); and
`
`a contact plug (35) covered with the pixel electrode (45) and connectedto the pixel
`
`electrode (45 J [0017]), wherein:
`
`a surface of the pixel electrode (surface of 45) has a protrusion (protrusion of 45) that
`
`protrudes upward toward the counter electrode (80) and is disposed just above the contact plug
`
`(35 JY [0016]-[0017]), wherein:
`
`the pixel electrode (45) includes a first layer (45).
`
`Lee does not teach wherein the pixel electrode includesa first layer and a second layer
`
`provided on thefirst layer in contact with thefirst layer, and
`
`

`

`Application/Control Number: 17/232,408
`Art Unit: 2891
`
`Page 4
`
`wherein a surface ofthe first layer that is in contact with the second layer has a protrusion
`
`that protrudes upward toward the counter electrode and is disposed just above the contact plug.
`
`FIG. 6 of Kim teaches an image sensorincluding metal contacts comprising a TiN-on-Ti
`
`bilayer ({[ [0018)]).
`
`Therefore, it would have been obviousto a person having ordinary skill in the art before
`
`the effective filing date of the claimed invention to combine the imaging device taught by
`
`Nakatani with the dual layer metal structure taught by Kim for the purpose of providing an
`
`adhesion layer, conventional barrier, and/or antireflective coating which is a good conductor ({
`
`[0018]).
`
`Thus, Lee in view of Kim teaches wherein the pixel electrode (45) includesa first layer
`
`(Ti layer) and a second layer (TiN layer) provided onthefirst layer (Ti layer) in contact with the
`
`first layer (Ti layer), and
`
`wherein a surface ofthe first layer (Ti layer) that is in contact with the second layer (TiN
`
`layer) has a protrusion that protrudes upward toward the counter electrode (80) and is disposed
`
`just abovethe contact plug (35, Ti layer is below TiN layer).
`
`Regarding claim 2, Lee as modified teaches the imaging device according to claim 1, and
`
`FIG. 7 of Lee further teaches wherein the protrusion (protrusion of 45) has a convex curve ({
`
`[0017]).
`
`Regarding claim 3, Lee as modified teaches the imaging device according to claim 1, and
`
`FIG. 7 of Lee further teaches wherein a lower surface of the first layer (45) has a recessed part
`
`(bottom portion of 45) recessed upward toward the counter electrode ({[ [0017]).
`
`

`

`Application/Control Number: 17/232,408
`Art Unit: 2891
`
`Page 5
`
`Regarding claim 4, Lee as modified teaches the imaging device according to claim 3, and
`
`FIG. 7 of Lee further teaches wherein an upper surface of the contact plug (upper surface of 35)
`
`is in contact with the recessed part (bottom portion of 45 { [0017]).
`
`Regarding claim 5, Lee as modified teaches the imaging device according to claim 3, and
`
`FIG. 7 of Lee further teaches further comprising an insulating layer (30 { [0014]) that covers a
`
`side surface of the contact plug (35, see FIG. 7),
`
`wherein an uppersurface of the contact plug (upper surface of 35) protrudes upward
`
`beyondthe insulating layer (30 { [0015]).
`
`Regarding claim 6, Lee as modified teaches the imaging device according to claim 1, and
`
`FIG. 6 of Kim further teaches wherein
`
`the first layer is a Ti layer; and
`
`the second layer is a TiN layer ({ [0018]).
`
`Regarding claim 9, Lee as modified teaches the imaging device according to claim 1, and
`
`FIG. 7 of Lee further teaches wherein the contact plug (35) has a protrusion (protrusion portion
`
`of 35) that protrudes upward toward the counter electrode (80 J [0015]).
`
`Regarding claim 10, FIG. 7 of Lee teaches an imaging device (e.g., FIG. 7) comprising:
`
`a photoelectric conversion layer (100 { [0018]);
`
`a counter electrode (80 { [0024]);
`
`a pixel electrode (45 { [0016]) that faces the counter electrode (80) via the photoelectric
`
`conversion layer (100 { [0018],[0024]);
`
`and a contact plug (35) connected to the pixel electrode (45 { [0017]), wherein:
`
`the pixel electrode (45) includes a first layer (45), wherein
`
`

`

`Application/Control Number: 17/232,408
`Art Unit: 2891
`
`Page 6
`
`a first surface of the first layer (upper surface of 45) faces the photoelectric conversion
`
`layer (100, see FIG. 7), and
`
`the first surface of the first layer (upper surface of 45) has a protrusion (protrusion of 45)
`
`that protrudes toward the photoelectric conversion layer (100 { [0017]) and is disposed just
`
`abovethe contact plug (35, see FIG. 7).
`
`Lee does not teach wherein the pixel electrode includes a second layer, and
`
`the second layeris in contact with the first surface of thefirst layer and is closer to the
`
`photoelectric conversion layer than thefirst layeris.
`
`FIG. 6 of Kim teaches an image sensorincluding metal contacts comprising a TiN-on-Ti
`
`bilayer ({[ [0018)]).
`
`Therefore, it would have been obviousto a person having ordinary skill in the art before
`
`the effective filing date of the claimed invention to combine the imaging device taught by
`
`Nakatani with the dual layer metal structure taught by Kim for the purpose of providing an
`
`adhesion layer, conventional barrier, and/or antireflective coating which is a good conductor ({
`
`[0018]).
`
`Thus, Lee in view of Kim teaches wherein the pixel electrode (35) includes a second
`
`layer (TiN layer), and
`
`the second layer (TiN layer) is in contact with the first surface of the first layer (upper
`
`surface of 45 — Ti layer) andis closer to the photoelectric conversion layer (100) than thefirst
`
`layer is (TiN layer is on top of Ti layer { [0018]).
`
`Regarding claim 11, Lee as modified teaches the imaging device according to claim 10,
`
`and FIG. 7 of Lee further teaches wherein the protrusion (protrusion of 45) has a convex curve ({
`
`[0017]).
`
`

`

`Application/Control Number: 17/232,408
`Art Unit: 2891
`
`Page 7
`
`Regarding claim 12, Lee as modified teaches the imaging device according to claim 10,
`
`and FIG. 7 of Lee further teaches whereinthefirst layer (45) has a second surface (lower surface
`
`of 45) that is opposite to the first surface (upper surface of 45) and that has a recessed part
`
`(recessed part of 45) recessed toward the photoelectric conversion layer (100 {[ [0017]).
`
`Regarding claim 13, Lee as modified teaches the imaging device according to claim 12,
`
`and FIG. 7 of Lee further teaches wherein the contact plug (35) has a surface (upper surface of
`
`35) that is in contact with the recessed part (lower surface of 45 J [0017]).
`
`Regarding claim 14, Lee as modified teaches the imaging device according to claim 12,
`
`and FIG. 7 of Lee further teaches further comprising an insulating layer (30 { [0014]) that covers
`
`a side surface of the contact plug (35, see FIG. 7).
`
`Regarding claim 15, Lee as modified teaches the imaging device according to claim 10,
`
`and FIG. 6 of Kim further teaches wherein:
`
`the first layer contains Ti, and the secondlayer contains TiN ({ [0018]).
`
`Regarding claim 18, Lee as modified teaches the imaging device according to claim 10,
`
`and FIG. 7 of Lee further teaches wherein the contact plug (35) has a surface (upper surface of
`
`35) that faces the photoelectric conversion layer (100) and that has a convex shape protruding
`
`toward the photoelectric conversion layer (100 { [0015]).
`
`8.
`
`Claims 7 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view
`
`of Kim, and further in view of Kailasam et al. (US 7781327 B1; hereinafter Kailasam).
`
`Regarding claim 7, Lee as modified teaches the imaging device according to claim 1, and
`
`Lee further teaches wherein the contact plug (35) includes a Cu layer ({ [0015)).
`
`

`

`Application/Control Number: 17/232,408
`Art Unit: 2891
`
`Page 8
`
`Lee as modified does not teach wherein the contact plug includesa barrier layer that
`
`surroundsa side surface of the Cu layer; and
`
`the barrier layer contains Ta.
`
`FIG. 5E of Kailasam teachesan integrated circuit including a via comprising a Cu layer
`
`(509 col 6/lines 35-42) and a barrier layer (505) that surroundsa side surface of the Cu layer
`
`(509 col 8/lines 16-19); and the barrier layer (505) contains Ta (col 5/line 65 — col 6/line 3).
`
`Therefore, it would have been obviousto a person having ordinary skill in the art before
`
`the effective filing date of the claimed invention to combine the imaging device taught by Lee
`
`with the via protruding into a copperline taught by Kailasam for the purpose of providing a
`
`mechanically strong and highly conductive pathway to a conductive line (col 8/lines 34-40) and
`
`since it has been held that the selection of a known material based onits suitability for its
`
`intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v.
`
`Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945), In re Leshin, 277 F.2d 197, 125 USPQ
`
`416 (CCPA 1960), and MPEP 2144.07 Art Recognized Suitability for an Intended Purpose.
`
`Regarding claim 16, Lee as modified teaches the imaging device according to claim 10,
`
`wherein:
`
`the contact plug (35) includes a plug (35), wherein
`
`the plug contains Cu ({ [0015]).
`
`Lee as modified does not teach wherein the contact plug includesa third layer that
`
`surroundsa side surface of the plug, wherein
`
`the third layer contains Ta.
`
`

`

`Application/Control Number: 17/232,408
`Art Unit: 2891
`
`Page 9
`
`FIG. 5E of Kailasam teachesan integrated circuit including a via comprising a Cu layer
`
`(509 col 6/lines 35-42) and a barrier layer (505) that surroundsa side surface of the Cu layer
`
`(509 col 8/lines 16-19); and the barrier layer (505) contains Ta (col 5/line 65 — col 6/line 3).
`
`Therefore, it would have been obviousto a person having ordinary skill in the art before
`
`the effective filing date of the claimed invention to combine the imaging device taught by Lee
`
`with the via protruding into a copperline taught by Kailasam for the purpose of providing a
`
`mechanically strong and highly conductive pathway to a conductive line (col 8/lines 34-40) and
`
`since it has been held that the selection of a known material based onits suitability for its
`
`intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v.
`
`Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945), In re Leshin, 277 F.2d 197, 125 USPQ
`
`416 (CCPA 1960), and MPEP 2144.07 Art Recognized Suitability for an Intended Purpose.
`
`Allowable Subject Matter
`
`9.
`
`Claims 8 and 17 objected to as being dependent upona rejected base claim, but would be
`
`allowable if rewritten in independent form including all of the limitations of the base claim and
`
`any intervening claims.
`
`10.
`
`The following is a statement of reasonsfor the indication of allowable subject matter:
`
`Claim 8 recites the imaging device according to claim 1, wherein an upper surface of the
`
`secondlayeris flat.
`
`Lee in view of Kim teaches the imaging device according to claim 1.
`
`However,the priorart fails to teach or reasonably suggest “wherein an upper surface of
`
`the secondlayeris flat” together with all the limitations of claims 1 and 8 as claimed.
`
`

`

`Application/Control Number: 17/232,408
`Art Unit: 2891
`
`Page 10
`
`Claim 17 recites the imaging device according to claim 10, wherein the second layer has
`
`a surface that faces the photoelectric conversion layer andthatis flat.
`
`Lee in view of Kim teaches the imaging device according to claim 10.
`
`However,the prior art fails to teach or reasonably suggest “wherein the second layer has
`
`a surface that faces the photoelectric conversion layer andthatis flat” together with all the
`
`limitations of claims 10 and 17 as claimed.
`
`Conclusion
`
`11.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Nora T Nix whose telephone numberis (571)270-1972. The
`
`examiner can normally be reached Monday- Friday 9:00 am - 5:00 pm ET.
`
`Examinerinterviews are available via telephone, in-person, and video conferencing using
`
`a USPTO supplied web-based collaboration tool. To schedule an interview, applicantis
`
`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, Matthew Landau can be reached on (571) 272-1731. The fax phone numberfor the
`
`organization wherethis application or proceeding is assigned is 571-273-8300.
`
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`
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`
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`

`Application/Control Number: 17/232,408
`Art Unit: 2891
`
`Page 11
`
`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 CustomerService
`
`Representative, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/NORA TAYLORNIX/
`Assistant Examiner, Art Unit 2891
`
`/MATTHEW C LANDAU/
`Supervisory Patent Examiner, Art Unit 2891
`
`