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 .
Election/Restrictions
Applicant's election with traverse of Specie I (embodiment of figure 1) in the reply filed on 08/25/2025 is acknowledged. The traversal is on the ground(s) that the species are not so different. This is not found persuasive because the species are directed to district modification of photoelectric conversion element.
The requirement is still deemed proper and is therefore made FINAL.
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.
Claim 8 is 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.
Claim 8 recites that "the organic material comprises a carbon atom, a hydrogen atom, a nitrogen atom, an oxygen atom and a sulfur atom, and has from 9 to 13 aromatic rings in the entire molecule; the number of the aromatic rings that form the largest condensed ring is 5 or less; the number of single bonds that connect between the aromatic rings is 5 to 9; and the length of the short side of the entire molecule is 15% to 30% of that of the long side", However, instant application as originally filed fails to disclose such compound that also includes nitrogen atoms. Instant application discloses a compound represented by any of formulas (2)-(7) in paragraphs [0044] and [0045]. None of these compounds contains a nitrogen atom. Therefore, the invention as in claim 8 lacks support by the description.
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 made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 5-7 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Song et al. (US 20016/0087234 A1).
Regarding claim 1, Song discloses a photoelectric conversion element (an organic thin-film solar cell) (fig. 1 and [0030]-[0050]) comprising:
a first electrode (first electrode layer 11) (see fig. 1 and [0031]);
a second electrode (second electrode layer 14) disposed to be opposed to the first electrode (11) (see fig. 1 and [0031]),
an organic photoelectric conversion layer (photoactive layer 13, fig. 1, [0031] and [0046-0053]) provided between the first electrode (11) and the second electrode (14),
wherein the organic photoelectric conversion layer (13) having, in the layer (13), a domain (donor region and/or acceptor region, [0046]) being larger than 1 nm and smaller than 10 nm ([0050]), and including one organic semiconductor material (donor and/or acceptor material(s)) in a predetermined cross-section between the first electrode (11) and the second electrode (14) (see fig. 1).
Regarding claim 5, Song further discloses that the organic photoelectric conversion layer (13) includes a hole transporting material and an electron transporting material ([0046-0049]).
Regarding claim 6, Song further discloses that the (donor and/or acceptor material(s)) includes the hole transporting material and/or the electron transporting material ([0046-0049]).
Regarding claim 7, Song further discloses that the organic photoelectric conversion layer (13) includes, as the hole-transporting material, P3HT ([0047]). P3HT is known to have an ionization protentional of 4.57 eV (see [0087] of US 2007/0045614 A1 to Sugwara et al.).
“Products of identical chemical composition can not have mutually exclusive properties.” In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. See MPEP §2112.01 (II). Thus, the hole-transporting material, P3HT, of Song must have an ionization potential of 4.57 eV, which is less than 6 eV as required by instant claim.
Regarding claim 9, Song further discloses that the organic photoelectric conversion layer (13) includes, as the electron-transporting material, fullerene (C60) or a derivative thereof (C60 derivatives) ([0048]).
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.
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.
Claims 2 and 3 are rejected under 35 U.S.C. 103 as obvious over Song as applied above, and further in view of Okubo et al. (JP 2012-015434 A) (refer to translation as provided).
Regarding claim 2, Song does not explicitly disclose that the domain at least partially has a crystal property, and a ratio of the one organic semiconductor material having a crystal structure in the organic photoelectric conversion layer is 20% or more and 70% or less.
Okubo discloses a photoelectric conversion element (figures 1-3) wherein an organic photoelectric conversion layer includes a bulk heterojunction layer (see Abstract) comprising an organic hole transporting layer and an organic electron transporting layer, wherein the electron transporting layer includes a crystalline fullerene derivative and an amorphous fullerene derivative are mixed at a ratio of 1:99 to 99:1 (see Abstract). Okubo further discloses that the such layer composition allows for high photoelectric conversion efficiency (see Abstract).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have used a mixer of crystalline and amorphous fullerene as taught by Okubo to form the electron transporting layer of Song such that the organic photoelectric element has high conversion efficiency, as shown by Okubo.
Okubu further discloses the donor and acceptor are mixed at 33:67 to 60:40 (page 9), wherein the acceptor includes a crystalline fullerene derivative and an amorphous fullerene derivative are mixed at a ratio of 1:99 to 99:1 (see abstract). Thus, the crystal structure in the organic photoelectric conversion layer of Song as modified by Okubu ranges from 0.4 % (0.4*0.01=0.004 or 0.4%) to 0.66 % (0.67*0.99=0.66 or 66%). Thus, the claimed range (20-70%) overlaps with the disclosed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976)) (MPEP § 2144.05 - (I)).
Regarding claim 3, Song as modified by Okubo discloses the organic photoelectric conversion layer includes crystalline material such as crystalline fullerene, as in the case of the instant application. “Products of identical chemical composition can not have mutually exclusive properties.” In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. See MPEP §2112.01 (II). Thus, a full width at half maximum of a crystal peak of the one organic semiconductor material by X-ray diffraction must be 0.015 rad or more and 0.15 rad or less.
Claim 8 is rejected under 35 U.S.C. 103 as obvious over Song as applied above, and further in view of Rosselli et al. (US 2021/0193935 A1).
Regarding claim 8, Song does not explicitly disclose that the organic material includes carbon atoms, hydrogen atoms, nitrogen atoms, oxygen atoms, and sulfur atoms, and includes 9 or more and 13 or less aromatic rings in an entire molecule, the number of the aromatic rings forming a largest condensed ring is 5 or less, the number of single bonds linking the aromatic rings is 5 or more and 9 or less, and a length of a short side in the entire molecule is 15% or more and 30% or less of a long side.
Rosselli discloses a p-type or hole-transporting material for organic photoelectric conversion element includes BDT3 ([0143] and fig. 7A), which is same as compound represented by formula (3) ([0045]) of instant application. Thus, the BDT3 material is interpreted to teach all the limitations of instant claim.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have used the BDT3 material as taught by Rosselli to form the hole transporting material of Song because of its higher hole mobilities, as shown by Rosselli ([00403]).
Claim 10 is rejected under 35 U.S.C. 103 as obvious over Song as applied above, and further in view of Aizawa (JP 2012-038828 A) (refer to translation as provided).
Regarding claim 10, Song does not explicitly disclose that the organic photoelectric conversion layer further includes a pigment material having a local maximum absorption wavelength in a visible region (450 nm or more and 750 nm or less).
Aizawa discloses an organic photoelectric conversion element (fig. 1) comprises an organic photoelectric conversion layer (3) that includes a bulk heterojunction having a p-type organic semiconductor having an electron donating property, an n-type organic semiconductor having an electron accepting property, and fine particles of an organic pigment (see page 3 of translation). Aizawa further discloses that the pigment material, for example aluminum chlorophthalocyanine, having a local maximum absorption wavelength in a visible region (see page 4 of translation). Aizawa further discloses the organic pigment allows the charges excited in the bulk heterojunction layer to be effectively separated into the conduction band of the n-type organic semiconductor and the valence band of the p-type organic semiconductor, thereby inducing an electromotive force (see page 5).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have used the organic pigment as taught by Aizawa such that the charges can be effective separated, as shown by Aizawa.
Claims 11-16 are rejected under 35 U.S.C. 103 as obvious over Yamaguchi (US 2011/0019042 A1) in view of Song et al. (US 20016/0087234 A1).
Regarding claim 11, Yamaguchi discloses an imaging device (solid state imaging device 21) (fig. 1) comprising pixels (20, fig. 1) (see figure 51 that shows multiple pixels), the pixels each including one or multiple organic photoelectric conversion sections (organic photoelectric conversion unit 39), the one or the multiple organic photoelectric conversion sections (39) including a first electrode (38a), a second electrode (37) disposed to be opposed to the first electrode (38a), and an organic photoelectric conversion layer (36) provided between the first electrode (38a) and the second electrode (37) (see fig. 1 for configuration).
However, Yamaguchi does not disclose that the organic photoelectric conversion layer having, in the layer, a domain being larger than 1 nm and smaller than 10 nm and including one organic semiconductor material in a predetermined cross-section between the first electrode and the second electrode.
Song discloses an organic photoelectric conversion element (an organic thin-film solar cell) (fig. 1 and [0030]-[0050]) comprising:
a first electrode (first electrode layer 11) (see fig. 1 and [0031]);
a second electrode (second electrode layer 14) disposed to be opposed to the first electrode (11) (see fig. 1 and [0031]),
an organic photoelectric conversion layer (photoactive layer 13, fig. 1, [0031] and [0046-0053]) provided between the first electrode (11) and the second electrode (14),
wherein the organic photoelectric conversion layer (13) having, in the layer (13), a domain (donor region and/or acceptor region, [0046]) being larger than 1 nm and smaller than 10 nm ([0050]), and including one organic semiconductor material (donor and/or acceptor material(s)) in a predetermined cross-section between the first electrode (11) and the second electrode (14) (see fig. 1).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have used the domain as taught by Song in the organic photoelectric conversion layer of Yamaguchi to allow for electrons and holes to be separated from the excitons to efficiently migrate to a cathode and an anode, respectively, as shown by Song ([0050]).
Regarding claim 12, Yamaguchi further discloses that in each of the pixels, the one or the multiple organic photoelectric conversion sections (39) and one or multiple inorganic photoelectric conversion sections (PD1 and PD2, [0125]), fig. 1) are stacked, the one or the multiple inorganic photoelectric conversion sections (PD1 and PD2) performing photoelectric conversion of a wavelength region (red and blue, [0149]) different from the organic photoelectric conversion section (green) ([0135]).
Regarding claim 13, Yamaguchi further discloses that the inorganic photoelectric conversion section is formed to be embedded in a semiconductor substrate (silicon layer 22, fig. 1 and [0092])), and the organic photoelectric conversion section (39) is formed on a side (top side) of a first surface (top surface) of the semiconductor substrate (22) (see fig. 1).
Regarding claim 14, Yamaguchi further discloses that a multilayer wiring layer (58) (fig. 1 and [0108]) is formed on a side of a second surface (bottom surface), of the semiconductor substrate (22), opposite to the side of the first surface (top surface).
Regarding claim 15, Yamaguchi further discloses that the organic photoelectric conversion section (39) performs photoelectric conversion of green light ([0135]), and the inorganic photoelectric conversion section (PD1, fig. 1 and [0149]) that performs photoelectric conversion of blue light and the inorganic photoelectric conversion section (PD2, fig. 1 and [0149]) that performs photoelectric conversion of red light are stacked in the semiconductor substrate (22) (see fig. 1).
Regarding claim 16, Yamaguchi further discloses that, in each of the pixels, the multiple organic photoelectric conversion sections are stacked (see fig. 46 or 49 that shows organic photoelectric conversion unit 39), the multiple organic photoelectric conversion sections performing photoelectric conversion of wavelength regions different from one another (see fig. 46 or 49).
Conclusion
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/GOLAM MOWLA/ Primary Examiner, Art Unit 1721