Prosecution Insights
Last updated: April 19, 2026
Application No. 16/634,035

A PHOTOVOLTAIC PANEL AND METHOD OF MANUFACTURING THE SAME

Final Rejection §103§112
Filed
Jan 24, 2020
Examiner
TRINH, THANH TRUC
Art Unit
1726
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Nederlandse Organisatie Voor Toegepast-Natuurwetenschappelijk Onderzoek Tno
OA Round
8 (Final)
22%
Grant Probability
At Risk
9-10
OA Rounds
4y 9m
To Grant
34%
With Interview

Examiner Intelligence

Grants only 22% of cases
22%
Career Allow Rate
177 granted / 797 resolved
-42.8% vs TC avg
Moderate +12% lift
Without
With
+11.8%
Interview Lift
resolved cases with interview
Typical timeline
4y 9m
Avg Prosecution
66 currently pending
Career history
863
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
48.4%
+8.4% vs TC avg
§102
17.8%
-22.2% vs TC avg
§112
25.3%
-14.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 797 resolved cases

Office Action

§103 §112
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 . Status of claims The amendment to claims filed on 11/10/2025 is acknowledged. Claims 1 and 20 are amended. Currently, claims 1-5, 8-15 and 20 are pending in the application with claims 9-15 being withdrawn from consideration. Previous prior art rejection is withdrawn in view of the amendment above. Claims 1-5, 8 and 20 are rejected on a new ground of rejection. See the rejection below. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(d): (d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph: Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. Claim 20 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 20 depends on claim 1 and recites “wherein the wall is made of the second volume of the protective material for filling” in lines 1-2, while claim 1 also recites “a wall forming a second volume of the protective material for filling” in lines 39-40. That is, claim 20 recites the same limitation recited in claim 1, therefore claim 20 fails to further limit the subject matter of the claim upon which it depends. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. 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, 8 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Hiraishi et al. (US 2002/0139411) in view of Reid et al. (US 2017/0005211), and further in view of Morooka (US 2010/0108135) as evidenced by Desilvestro et al. (US 2016/0218308). Regarding claims 1 and 20, Hiraishi et al. et al. discloses a photovoltaic panel (figs. 6-8) comprising: a first electrically conductive layer (see transparent front electrode layers 321a, figs. 6-8, [0048]), a photovoltaic layer (see photovoltaic unit layer 321b, figs. 6-8, [0048]); a second electrically conductive layer (see rear electrode layer 321c, figs. 6-8, [0048]); and a protective coating of a protective material for coating and filling (see sealing material 34, fig. 7, [0061]) that at least forms a barrier against moisture ([0058-0060]); wherein the first electrically conductive layer (321a) is partitioned along first partitioning lines (see separation grooves SV1, figs. 6-8) extending in a first direction (e.g. vertical direction in figs. 6 and 8), the second electrically conductive layer (321c) and the photovoltaic layer (321b) are partitioned along second partitioning lines (see SV3 in figs. 6-8) extending in said first direction (e.g. vertical direction) and along third partitioning lines (or the lines defining the window 321a” as annotated in fig. 8 below); Hiraishi et al. discloses forming the window (e.g. 112, fig. 3) by forming a pair of grooves shown as broken lines (112a and 112b) in fig. 3 to define the window layer ([0035]) and the material layers are removed to form the window layer ([0035). Therefore, the third partitioning lines are the edges defining the window (321a”) as shown in annotated fig. 8 below. Hirashi et al. also shows the first partitioning lines (SV1) and the second partitioning lines (SV3) are alternatingly placed with respect to each other (see figs. 6 and 8). Hiraishi et al. also shows the window (321a’ and 321”) are bounded by the first electrically conductive layer (321a, see figs. 6-8); therefore, the third partitioning lines, which define the window, have a depth bounded by the first electrically conductive layer. Hirashi et al. also teaches a first space partly filled with photovoltaic material (see solar unit cell in annotated fig. 8 below), and a second space different from the first space and free from photovoltaic material (or the window space, see annotated fig. 8 below). In fig. 7, Hirashi et al. shows the solar cell unit (321 comprising 321a/b/c) and the window (321a’) are sealed with a protective material (34). PNG media_image1.png 879 825 media_image1.png Greyscale As such, the photovoltaic panel of Hirashi et al. comprises: the first space (or solar cell unit 321): laterally delimited by a first quadruple of partitioning lines comprising a pair of second partitioning lines of which one of the pair of second partitioning lines directly succeeds another one of the pair of second partitioning lines and a pair of third partitioning lines of which one of the pair of third partitioning lines directly succeed another one of the pair of third partitioning lines (see annotated fig. 8 above), partly filled with the photovoltaic material (321b, see annotated fig. 7 below), filled with a first volume of protective material for filling (or the horizontal volume of 33/34 in the first space) that at least formed the barrier against moisture, e.g. sealing (see annotated fig. 7 below), therewith defining a photovoltaic cell (or unit cell 321) comprising the photovoltaic material (321b) encapsulated by the first volume of the protective material for filling and coating (33/34, see annotated fig. 7 below), and the second space (or the window space 321a”): laterally delimited by a second quadruple of partitioning lines comprising a pair of second partitioning lines of which one the pair of second partitioning lines directly succeeds another one of the pair of second partitioning lines and a pair of third partitioning lines of which one of the pair of third partitioning lines directly succeeds another one of the pair of third partitioning lines (see annotated fig. 8 above), laterally bounded by a second volume of protective material (34, see annotated fig. 7 below); and substantially free from a photovoltaic material, e.g. 321b, (see annotated fig. 8 above and annotated fig. 7 below); and wherein the second quadruple of partitioning lines is different from the first quadruple of partitioning lines in that: the pair of second partitioning lines in the second quadruple is different from the pair of second partitioning lines in the first quadruple, and/or the pair of third partitioning lines in the second quadruple is different from the pair of third partitioning lines in the first quadruple (see annotated fig. 8 above). PNG media_image2.png 750 1221 media_image2.png Greyscale Hiraishi et al. forming the second space (or the light-transmitting window) in an arbitrary pattern such as a checker flag pattern to resulting in better aesthetic appearance of the panel/module (see [0066]). Hiraishi et al. does not disclose forming the second space (or space substantially free of photovoltaic material) laterally bounded by a wall forming a second volume of the protective material for filling and forming a perimeter structure including an inner surface defining a perimeter of the second space. Reid et al. discloses a second space (or the space substantially free from photovoltaic material, or insulation channel 141 in figs. 6-8) surrounding with photovoltaic material (133b and 142) having a configuration, among others, that is bounded by a wall forming a second volume of the protective material (or insulator material 143 shown in stripes in figs. 6-8, also see fig. 5, [0080]) for filling and also form a perimeter structure including an inner surface defining a perimeter of the second space (see figs. 5-6 and 8). Reid et al. shows such configuration (or fig. 8) provides more photoactive areas (133b and 142) and minimizes the loss of the effective surface area (see [0090]), and teaches such second space providing electrical insulation between the cells and prevent shorting (see [0083]) and also enhancing the aesthetic qualities for the device ([0090]). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the photovoltaic panel of Hiraishi et al. by arranging the second space (or the light transmitting window substantially free of photovoltaic material) in a checker flag pattern such that a second space (or a space substantially free from photovoltaic material) is surrounding by the first space (or the space with photovoltaic material) and is bounded by a wall forming a second volume of the protective material as well as forming a perimeter structure including an inner surface defining a perimeter of the second space as taught by Reid et al.; because Hiraishi et al. explicitly suggests forming the second space (or the light-transmitting window) in an arbitrary pattern such as a checker flag pattern to resulting in better aesthetic appearance of the panel/module (Hiraishi et al.: [0066]), and Reid et al. teaches such configuration/pattern would provide more photoactive area to minimize the loss of the effective surface area, and providing electrical insulation to prevent shorting as well as enhancing the aesthetic qualities (see figs. 6-8, [0083] and [0090] of Reid et al.). Hiraishi et al. discloses using semiconductor material such as silicon for the photovoltaic layer (see [0028] of Hiraishi et al.) and using resin material for the protective material (see [0060] of Hiraishi et al.); and Reid et al. teaches perovskite is a photovoltaic material among many others that would allow the photovoltaic panel (or the optoelectronic device) to form a window (see [0064-0068] of Reid et al.). Modified Hiraishi et al. does not teach the photovoltaic layer (121b) is of a perovskite photovoltaic material, nor do they teach the protective material (34) comprising ceramic material). Morooka et al. discloses perovskite semiconductor material equivalent to silicon to be used for the photovoltaic layer ([0026]). Morooka et al. also discloses the protective material forms a barrier against moisture (see armoring film 8, [0062]), wherein the protective material comprises alumina (or Al2O3) and silica (SiO2, see [0022]). Silica (SiO2) and (Al2O3) are ceramic materials (see [0109] of evidentiary reference to Desilvestro et al., US 2016/0218308). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the photovoltaic panel of modified Hiraishi et al. by using perovskite photovoltaic material and protective material coating comprising a ceramic material such as Al2O3 or SiO2 as taught by Morooka et al.; because Reid et al. perovskite is a photovoltaic material would transparent to visible light to allow the photovoltaic panel being formed on a window (see [0064-0068] of Reid et al.), and Morooka et al. teaches ceramic materials such as alumina (Al2O3) or silica (SiO2) has high barrier properties to suppress deterioration of the characteristics of the photoelectric conversion efficiency and improve the durability of the photoelectric conversion element module (see [0022] of Morooka et al.) . Furthermore, such modification would involve nothing more than use of known material for its intended use in a known environment to accomplish entirely expected result. International Co. v. Teleflex Inc. (KSR), 550 U.S. 398, 82 USPQ2d 1385 (2007). The Courts have held that the selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (See MPEP 2144.07). Regarding claim 2, modified Hiraishi et al. discloses a photovoltaic panel as in claim 1 above; wherein Hiraishi et al. discloses the protective material (34) for filling and coating are the same (see fig. 6-8), and Higashi et al. also discloses the protective material (50) for coating and filling are the same (see fig. 2). Regarding claim 3, modified Hiraishi et al. discloses a photovoltaic panel as in claim 1 above, wherein Hiraishi et al. discloses the photovoltaic layer (321b) is further partitioned by a fourth partitioning lines (see SV2 in figs. 6-7, [0063]) extending in the first direction, respective ones of the fourth partitioning lines (SV2) being provided between a respective first partitioning line (SV1) and a respective subsequent one of the second partitioning lines (SV3, see figs. 6-7), and wherein a material of the second electrically conductive layer (321c) protrudes through spaces (or grooves SV2) in the photovoltaic layer (321b) defined by the fourth partitioning lines (SV2), and electrically contacts the first electrically conductive layer (321a, see fig. 7). Regarding claim 4, modified Hiraishi et al. discloses a photovoltaic panel as in claim 1 above, wherein Hirashi et al. discloses a transverse electrically conductive elements (or electrical conductive 321c in the grooves SV2), ones of which are arranged between a respective one of the first partitioning lines (SV1) and a respective subsequent one of the second partitioning lines (see SV3), and which electrically connect the second electrically conductive layer (321c) with the first electrically conductive layer (321a, see figs. 6-7). Regarding claim 5, modified Hiraishi et al. discloses a photovoltaic panel as in claim 1 above, wherein Hiraishi et al. discloses the third partitioning lines (or separating grooves 112a and 112b defining the window 321a” in fig. 8) forming the light transmitting window (321a”) to expose the substrate (see fig. 8). In other words, the third partitioning lines (112a and 112b) extend through the first electrically conductive layer (321a) in order to expose the substrate (also see abstract, [0024], fig. 8). Regarding claim 8, modified Hiraishi et al. discloses a photovoltaic panel as in claim 1 above, wherein Hiraishi et al. discloses a sealing resin (33, fig. 7) filling the gap and planarizing the panel between the second electrically conductive layer (321c, fig. 7) and the protective coating (34, fig. 7). As such, Hiraishi et al. discloses a planarizing layer (33) between the second electrically conductive layer (321c) and the protective coating (34). Response to Arguments Applicant’s arguments with respect to claim(s) 1-5, 8 and 20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Applicant argues previous cited references do not teach the claimed invention. However, Applicant’s arguments are moot in view of the new ground of rejection. See the rejection above. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to THANH-TRUC TRINH whose telephone number is (571)272-6594. The examiner can normally be reached 9:00am - 6:00pm. 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, Jeffrey T. Barton can be reached on 5712721307. 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. THANH-TRUC TRINH Primary Examiner Art Unit 1726 /THANH TRUC TRINH/Primary Examiner, Art Unit 1726
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Prosecution Timeline

Jan 24, 2020
Application Filed
Mar 31, 2021
Non-Final Rejection — §103, §112
Jul 06, 2021
Response Filed
Oct 04, 2021
Final Rejection — §103, §112
Dec 07, 2021
Response after Non-Final Action
Dec 09, 2021
Response after Non-Final Action
Dec 17, 2021
Request for Continued Examination
Dec 27, 2021
Response after Non-Final Action
Feb 26, 2022
Non-Final Rejection — §103, §112
Jun 02, 2022
Response Filed
Sep 10, 2022
Final Rejection — §103, §112
Nov 18, 2022
Response after Non-Final Action
Dec 08, 2022
Request for Continued Examination
Dec 12, 2022
Response after Non-Final Action
Sep 09, 2023
Non-Final Rejection — §103, §112
Dec 14, 2023
Response Filed
Apr 30, 2024
Final Rejection — §103, §112
Nov 05, 2024
Request for Continued Examination
Nov 07, 2024
Response after Non-Final Action
May 03, 2025
Non-Final Rejection — §103, §112
Nov 10, 2025
Response Filed
Mar 13, 2026
Final Rejection — §103, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

9-10
Expected OA Rounds
22%
Grant Probability
34%
With Interview (+11.8%)
4y 9m
Median Time to Grant
High
PTA Risk
Based on 797 resolved cases by this examiner. Grant probability derived from career allow rate.

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