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 Application
In view of the appeal brief filed on 11/17/2025, PROSECUTION IS HEREBY REOPENED. The new grounds of rejection are set forth below.
To avoid abandonment of the application, appellant must exercise one of the following two options:
(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or,
(2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellant must pay the difference between the increased fees and the amount previously paid.
A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by signing below:
/NIKI BAKHTIARI/Supervisory Patent Examiner, Art Unit 1722
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1 and 4-8 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1 and 6 recite the limitation “the passivation layer having outermost sidewalls in vertical alignment with the outermost sidewalls of the substrate when the substrate is continuous between the outermost sidewalls of the substrate”. However, nowhere does the instant specification discloses this feature.
The instant specification has only disclosed in paragraph [0078] that at “operation 1306, the method involves forming a passivation layer on the light-receiving surface of the substrate and in the trench to passivate an emitter edge” and subsequently at “operation 1308, the method involves cleaving the substrate to form a solar cell having sidewalls and an emitter region having sidewalls laterally retracted from the sidewalls of the solar cell”. However, nothing was stated regarding whether or not the passivation layer has outermost sidewalls in vertical alignment with the outermost sidewalls of the substrate when the substrate is continuous between the outermost sidewalls of the substrate as claimed. And since the disclosure further discloses cleaving the substrate to form the solar cell, it is unclear if the claimed feature is present at all, where the passivation layer outermost sidewalls may or may not be in vertical alignment with the outermost sidewalls of the substrate before the step of cleaving the substrate. The passivation layer outermost sidewalls that can be seen to be in vertical alignment with the outermost sidewalls of the substrate in the final product in Figures 2AA and 2BA and 2CA, but it was not disclosed by the instant specification if that is only formed after cleaving the substrate or the feature is already present without the cleaving of the substrate, which was not included in the claims.
Claims 1 and 6 also recite the limitation “subsequent to forming the passivation layer, forming a plurality of conductive contact through the passivation layer to contact the emitter region/semiconductor region having the laterally retracted outermost sidewalls when the substrate is continuous between the outermost sidewalls of the substrate”.
As the instant specification does not specify anything regarding the outermost sidewalls of the substrate or the emitter/semiconductor region or the passivation layer, it is unclear if there is support in the instant specification regarding whether or not the substrate is continuous between the outermost sidewalls of the substrate when the conductive contact is formed. The instant specification has only disclosed in paragraph [0058] that conductive contacts are formed by screen printing of Ag pastes and firing through the passivation layer, but nothing was mentioned regarding the state of the substrate, such that as set forth above, the substrate is cleaved to make the final product of the solar cell, and therefore it does not appear the substrate is still continuous between the outermost sidewalls of the substrate.
Additionally, it appears Applicant intends to recite the final product of the solar cell as having a substrate with outermost sidewalls, as shown in Figures 2AA, 2BA, and 2CA, such that it is apparent above that the substrate is further cleaved to form the solar cell, and therefore the limitation directed to “the outermost sidewalls of the substrate” is referring to the final product that has not been formed and without any explicit recitations or figures for the method steps, it is not immediately clear if any relationship can be established between the supposed “outermost sidewalls of the substrate” and the outermost sidewalls of the emitter/semiconductor region and the passivation layer.
Therefore, the claims fail to comply with the written description requirement.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 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 statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1 and 4-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Morad et al. (WO 2015/183827) in view of Choe et al. (KR 10 1139458; see English machine translation).
Regarding claim 1, Morad discloses a method of fabricating a solar cell (7155a-7155d; [0606]-[0616]; Figures 81A-81J), the method comprising:
forming an emitter region (n+ doped a-Si:H layer 7110) on a substrate (wafer 7105 corresponding to a solar cell), at a light-receiving surface of the substrate ([0607]; see Figure 81B), the substrate having outermost sidewalls (see Figure 81D) and the emitter region having outermost sidewalls laterally retracted from the outermost sidewalls of the substrate to form laterally retracted outermost sidewalls of the emitter region such that the outermost sidewalls of the substrate extend laterally beyond corresponding ones of the laterally retracted outermost sidewalls of the emitter region (it is disclosed in Figure 81D the emitter region 7110 is patterned to form isolation trenches 7112 ([00609]) and that the edges of the emitter region 7110 in solar cells 7155a-7155d are passivated by TCO layer 7120 ([00617]), which means the outermost sidewalls of the emitter region 7110 is also patterned. Also, in order to form uniform individual cells, the outermost edges of the emitter region 7110 would also be etched),
wherein the substrate is continuous between the outermost sidewalls of the substrate when the laterally retraced outermost sidewalls of the emitter region are formed (as set forth above; see Figure 81D);
forming a passivation layer (TCO layer 7120) on a top and along the laterally retracted outermost sidewalls of the emitter region to passivate the laterally retracted outermost sidewalls of the emitter region (it is disclosed the TCO layer 7120 coats the outer edges of layers 7110 and fills the trenches 7112 to passivate the surfaces of layer 7110; [0611]; see Figure 81F), the passivation layer having outermost sidewalls in vertical alignment with the outermost sidewalls of the substrate when the substrate is continuous between the outermost sidewalls of the substrate (see Figure 81F); and
subsequent to forming the passivation layer, forming a plurality of conductive contact (low temperature silver paste 7130) on the passivation layer and is fired after drying (it is disclosed that the silver paste can be fired after drying; [00597]) having the laterally retracted outermost sidewalls when the substrate is continuous between the outermost sidewalls of the substrate (see Figure 81J).
Morad does not expressly disclose the plurality of conductive contacts contact the emitter region through the passivation layer.
Choe discloses forming a front electrode made of silver paste that is applied to an anti-reflection layer and then is subjected to a firing process at a relatively low temperature, in which the front electrode passes through the anti-reflection layer to be in electrical contact with the emitter layer (pages 5 and 18-19; see Figure 12).
Therefore, it would have been obvious to one of ordinary skill in the art would have subjected the plurality of conductive contacts to a low temperature firing process, as taught by Choe, so that the low temperature silver paste would penetrate the passivation layer to be in contact with the emitter layer for good conductivity, as taught by Choe.
Regarding claim 6, Morad discloses a method of fabricating a solar cell (7155a-7155d; [0606]-[0616]; Figures 81A-81J), the method comprising:
forming a semiconductor region (n+ doped a-Si:H layer 7110) on a substrate (wafer 7105 corresponding to a solar cell), at a light-receiving surface of the substrate ([0607]; see Figure 81B), the substrate having outermost sidewalls (see Figure 81D) and the semiconductor region having outermost sidewalls laterally retracted from the outermost sidewalls of the substrate to form laterally retracted outermost sidewalls of the semiconductor region such that the outermost sidewalls of the substrate extend laterally beyond corresponding ones of the laterally retracted outermost sidewalls of the semiconductor region (it is disclosed in Figure 81D the emitter region 7110 is patterned to form isolation trenches 7112 ([00609]) and that the edges of the emitter region 7110 in solar cells 7155a-7155d are passivated by TCO layer 7120 ([00617]), which means the outermost sidewalls of the emitter region 7110 is also patterned. Also, in order to form uniform individual cells, the outermost edges of the emitter region 7110 would also be etched),
wherein the substrate is continuous between the outermost sidewalls of the substrate when the laterally retraced outermost sidewalls of the semiconductor region are formed (as set forth above; see Figure 81D);
forming a passivation layer (TCO layer 7120) on a top and along the laterally retracted outermost sidewalls of the semiconductor region to passivate the laterally retracted outermost sidewalls of the semiconductor region (it is disclosed the TCO layer 7120 coats the outer edges of layers 7110 and fills the trenches 7112 to passivate the surfaces of layer 7110; [0611]; see Figure 81F), the passivation layer having outermost sidewalls in vertical alignment with the outermost sidewalls of the substrate when the substrate is continuous between the outermost sidewalls of the substrate (see Figure 81F); and
subsequent to forming the passivation layer, forming a plurality of conductive contact (low temperature silver paste 7130) on the passivation layer and is fired after drying (it is disclosed that the silver paste can be fired after drying; [00597]) having the laterally retracted outermost sidewalls when the substrate is continuous between the outermost sidewalls of the substrate (see Figure 81J).
Morad does not expressly disclose the plurality of conductive contacts contact the semiconductor region through the passivation layer.
Choe discloses forming a front electrode made of silver paste that is applied to an anti-reflection layer and then is subjected to a firing process at a relatively low temperature, in which the front electrode passes through the anti-reflection layer to be in electrical contact with the emitter layer (pages 5 and 18-19; see Figure 12).
Therefore, it would have been obvious to one of ordinary skill in the art would have subjected the plurality of conductive contacts to a low temperature firing process, as taught by Choe, so that the low temperature silver paste would penetrate the passivation layer to be in contact with the semiconductor region for good conductivity, as taught by Choe.
Regarding claims 4 and 7, modified Morad discloses all the claim limitations as set forth above, and further discloses the outermost sidewalls of the emitter region are retracted from the outermost sidewalls of the substrate using laser ablation ([00609]).
Regarding claims 5 and 8, modified Morad discloses all the claim limitations as set forth above, and further discloses the outermost sidewalls of the emitter region are retracted from the outermost sidewalls of the substrate using an etch paste delivered by screen print or inkjet (chemical etching via inkjet wet patterning; [00609]).
Response to Arguments
Applicant's arguments filed 11/17/2025 have been fully considered but they are not persuasive.
With respect to Applicant’s argument to the 35 U.S.C. 112 (a) rejection, it is noted that Applicant is relying on Figure 2AA as support for the amendments, where Figure 2AA shows the final product of a solar cell and not the method of producing such a solar cell, where it is apparent there are multiple ways of obtaining this product. It is further noted that the selected solar cell in Figure 81J of Morad in the previous Office Action would be substantially the same as Figure 2AA of the instant specification, such that it is unclear how they differ without further explanation from Applicant. See the above 35 U.S.C. 112 (a) rejection in which detailed explanation was provided as to why Figure 2AA of the instant specification does not provide support for the claimed features.
Additionally, Applicant argues the original disclosure provides enablement. However, the 35 U.S.C. 112 (a) rejection presented in the Office Action is unrelated to enablement but for new matter/written description. It is unclear where in the Office Action the word “enablement” was included in the rejection.
Therefore, the arguments were not found to be persuasive.
Applicant’s arguments with respect to claim(s) 1 and 4-8 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINA CHERN whose telephone number is (408)918-7559. The examiner can normally be reached Monday-Friday, 9:30 AM-5:30 PM PT.
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/CHRISTINA CHERN/Primary Examiner, Art Unit 1722
/NIKI BAKHTIARI/Supervisory Patent Examiner, Art Unit 1722