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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/838,911
`
`06/13/2022
`
`JUNJI HIRASE
`
`083710-3655
`
`7178
`
`Rimon PC - Pansonic Corporation
`8300 Greensboro Dr.
`Suite 500
`McLean, VA 22102
`
`GEYER, SCOTT B
`
`2812
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`02/08/2024
`
`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)
`
`

`

`Application No.
`Applicant(s)
`17/838,911
`HIRASE etal.
`
`Office Action Summary Art Unit|AIA (FITF)StatusExaminer
`Scott B Geyer
`2812
`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 19 January 2024.
`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*
`1-17 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) 7 and 11-12 is/are withdrawn from consideration.
`Claim(s) 10 and 14 is/are allowed.
`Claim(s) 1,3-6,9 and 13 is/are rejected.
`)
`Claim(s) 2,8 and 15-17 is/are objected to.
`C] Claim(s
`are subject to 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://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`Application Papers
`10)C) The specification is objected to by the Examiner.
`11) The drawing(s) filed on 13 June 2022 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)C) None ofthe:
`b)( Some**
`a) All
`1.4) Certified copies of the priority documents have been received.
`2..) 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 20240202A
`
`

`

`Application/Control Number: 17/838,91 1
`Art Unit: 2812
`
`Page 2
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`DETAILED ACTION
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`Claim Objections
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`Claim 13 is objected to because of the following informality:
`
`In line 16, change “second”to-- first - -
`
`The third diffusion region, as detailed within this claim, is numeral 6 in elected
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`species 5 (figure 6). This third diffusion region is part of the photodiode (numeral 12),
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`the other part being thefirst diffusion region (numeral 2). Since this is a diode, and the
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`first diffusion region is N-type (claimed as “the second conductivity type”), then the third
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`diffusion region (numeral 6) must be P-type (which is “the first conductivity type’).
`
`Appropriate correction is required.
`
`Claim Rejections - 35 USC § 102
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
`
`form the basis for the rejections under this section madein this Office action:
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`A person shall be entitled to a patent unless —
`
`(a)(1) the claimed invention waspatented, described in a printed publication, orin public use,
`on sale, or otherwise available to the public beforethe effectivefiling date of the claimed
`invention.
`
`Claims 1, 3, 9, and 13 are rejected under 35 U.S.C. 102(a)(1) as being
`
`anticipated by Fossum (US 2004/0043529 A1).
`
`

`

`Application/Control Number: 17/838,91 1
`Art Unit: 2812
`
`Page 3
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`As to claim 1, Fossum teaches an imaging device (see figure 7) which
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`comprises:
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`a semiconductor substrate (110/120) including:
`
`a semiconductor region (120) including an impurity of a first conductivity
`
`type (P-type),
`
`a first diffusion region (126) that is in contact with the semiconductor
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`region (120), that includes an impurity of asecond conductivity type (N-type)
`
`different from the first conductivity type (P-type), and that converts incidentlight
`
`into charges (126 is part of photodiode 188), and
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`a second diffusion region (199) that includes an impurity of the second
`
`conductivity type (N-type) and that directly accumulates at least a part of the
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`charges generatedin thefirst diffusion region;
`
`a contact plug in contact with the second diffusion region (see figure 7); and
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`a Capacitive element (171) electrically connected to the second diffusion region
`
`through the contactplug,
`
`wherein no transistor exists between thefirst diffusion region (126) and the
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`second diffusion region (199) — as shownin figure 7.
`
`As to claim 3, Fossum teaches a capacitive element (171) which is located
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`above the substrate, as shown in figure 7 (see also para. 0038); the capacitor includes
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`a first electrode, a second electrode, and a dielectric film betweenthe first electrode and
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`the second electrode(this is exactly what a capacitor structure is).
`
`

`

`Application/Control Number: 17/838,91 1
`Art Unit: 2812
`
`Page 4
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`As to claim 9, Fossum teaches wherein the semiconductor substrate includes a
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`third diffusion region (124) that covers an upper surfaceofthefirst diffusion region (126)
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`and that includes an impurity of the first conductivity type (P-type) — numerals 124 and
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`126 of Fossum is the PN photodiode.
`
`As to claim 13, Fossum teaches an imaging device (see figure 7) which
`
`comprises:
`
`a semiconductor substrate (110/120) including:
`
`a semiconductor region (120) including an impurity of a first conductivity
`
`type (P-type),
`
`a first diffusion region (126) that is in contact with the semiconductor
`
`region (120), that includes an impurity of a second conductivity type (N-type)
`
`different from the first conductivity type (P-type), and that converts incidentlight
`
`into charges (126 is part of photodiode 188), and
`
`a second diffusion region (199) that includes an impurity of the second
`
`conductivity type (N-type) and that directly accumulates at least a part of the
`
`charges generatedin thefirst diffusion region;
`
`a contact plug in contact with the second diffusion region (see figure 7); and
`
`a Capacitive element (171) electrically connected to the second diffusion region
`
`through the contactplug,
`
`

`

`Application/Control Number: 17/838,91 1
`Art Unit: 2812
`
`Page 5
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`wherein the semiconductor substrate includes a third diffusion region (124) that is
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`in contact with thefirst diffusion region (126) and the seconddiffusion region (199) and
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`that includes an impurity of the first conductivity type (P-type).
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis forall
`
`obviousness rejections set forth in this Office action:
`
`A patent fora claimed invention may notbe obtained, notwithstanding thatthe claimed
`invention is not identically disclosed as set forth in section 102, if the differences between the
`claimed invention and the prior artare such that the claimed invention as a whole would have
`been obvious beforethe effective filing date of the claimed invention to a person having
`ordinary skill in the art to which the claimed invention pertains. Patentability shall notbe
`negated by the mannerin whichthe invention was made.
`
`Claims 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Fossum
`
`as applied to claim 1, above and further in view of Rhodes (US 2002/0117690 A1).
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`As to claim 4-6, Fossum teaches a capacitor (171) in figure 7, in which the
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`capacitor has first and second electrodes and a dielectric between them (asis the
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`knownstructure of a capacitor).
`
`Fossum does not explicitly teach the capacitor dielectric having a dielectric
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`constant of 10 or more.
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`However, Rhodes teaches a related imaging device structure, which includes a
`
`capacitor (162). Rhodes teaches the capacitor can be an MIM-capacitor with metal
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`electrodes, and also have a dielectric such as tantalum pentoxide (Taz2Os) which has a
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`known dielectric constant of 25 or more (see paragraphs 0060-0061).
`
`

`

`Application/Control Number: 17/838,91 1
`Art Unit: 2812
`
`Page 6
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`It would have been obvious to a person of ordinary skill in the art, at the time of
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`filing of the invention, to modify the teachings of Fossum with the capacitor structure of
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`Rhodes, using known metals as electrodes and with a high-dielectric constant, so as to
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`provide a reliable capacitor structure with increased capacitance with a decreased
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`physical sized structure.
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`Response to Arguments
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`Applicant’s arguments with respect to the pending claims have been considered
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`but are moot because the new ground of rejection does not rely on any reference
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`applied in the prior rejection of record for any teaching or matter specifically challenged
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`in the argument.
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`Allowable Subject Matter
`
`Claims 10 and 14 are allowable.
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`The following is an examiner’s statement of reasons for allowability.
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`The applicant has amended claim in to independent form, and included allowable
`
`subject matter as detailed in the previous office action. Claim 14 depends on claim 10.
`
`//
`
`Claims 2, 8, and 17 are objected to as being dependent upon a rejected base
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`claim, but would be allowable if rewritten in independent form including all of the
`
`

`

`Application/Control Number: 17/838,91 1
`Art Unit: 2812
`
`Page 7
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`limitations of the base claim and anyintervening claims.
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`(Claims 15 and 16 are also
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`objected to as being dependent upon an objected claim.)
`
`Cited Prior Art
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`The prior art made of record and notrelied upon is considered pertinent to
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`applicant's disclosure: see the attached form PTO-892 for pertinent cited art.
`
`Contact Information
`
`Anyinquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Scott B. Geyer(telephone: 571-272-1958). The
`
`examiner can normally be reached on Mondayto Friday, 10AM - 4PM. Examiner
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`interviews are available via telephone,
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`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, Charles D Garber (telephone: 571-272-2194). The fax phone numberfor
`
`the organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published
`
`

`

`Application/Control Number: 17/838,91 1
`Art Unit: 2812
`
`Page 8
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`applications may be obtained from either Private PAIR or Public PAIR. Status
`
`information for unpublished applications is available through Private PAIR only.
`
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`
`Should you have questions on access to the Private PAIR system, contact the
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`
`1000.
`
`/SCOTT B GEYER/
`Primary Examiner, Art Unit 2812
`
`