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 .
Claim Rejections - 35 U.S.C. § 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 of this title, 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.
Claims 1-7 and 9-11 are rejected under 35 U.S.C. § 103 as being unpatentable over Mi et al., U.S. Patent App. Pub. No. 2016/0273115 A1 [hereinafter Mi] in view of Wang et al., A Single-Junction Cathodic Approach for Stable Unassisted Solar Water Splitting, 3 Joule 2444 (Oct. 16, 2019) [hereinafter Wang] and Kim et al., Enhanced photoelectrochemical stability of GaN photoelectrodes by Al2O3 surface passivation layer, 27(4) Optics Express A206 (2019) [hereinafter Kim].
The body of the claim is generally written with parentheses following the limitations indicating the prior art’s teachings and/or examiner notes.
1. The following references render this claim obvious.
I. Mi
A device (photocathode; Mi [0077], fig. 1A) comprising:
a substrate having a surface (n+/p/p+ Si solar cell wafer; id.);
an array of conductive projections supported by the substrate and extending outward from the surface of the substrate (nanowire arrays; id.) … .
II. Catalyst Nanoparticles - Wang
Mi’s fig. 1A embodiment is silent on a plurality of catalyst nanoparticles disposed over the array of conductive projections.
However, Wang teaches <10 nm Pt nanoparticles further accelerate the water reduction reaction. Wang p. 2448, figs. 2A, 3D-G.
Therefore, it would have been obvious with a reasonable expectation of success to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the aforementioned prior art’s device with Wang’s <10 nm Pt nanoparticles to further accelerate the water reduction reaction.
III. Oxide Layer - Kim
Mi is silent on an oxide layer covering the plurality of catalyst nanoparticles and the array of conductive projections; wherein the oxide layer has a thickness on the order of a size of each catalyst nanoparticle of the plurality of catalyst nanoparticles.
However, Kim teaches an aluminum oxide thin film with thicknesses of 1 and 2 nm enhances stability and hydrogen production. Kim abstract, A207-A208.
Therefore, it would have been obvious with a reasonable expectation of success to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the aforementioned prior art’s device with Kim’s aluminum oxide thin film with thicknesses of 1 or 2 nm to enhances stability and/or hydrogen production.
2. The device of claim 1, wherein the thickness of the oxide layer falls within a range of 1 nm to 2 nm (rejected for similar reasons stated in the claim 1 rejection).
3. The device of claim 1, wherein the size of each catalyst nanoparticle of the plurality of catalyst nanoparticles falls in a range from 2 nm to 3 nm (rejected for similar reasons stated in the claim 1 rejection).
4. The device of claim 1, wherein the oxide layer comprises aluminum oxide (rejected for similar reasons stated in the claim 1 rejection).
5. The device of claim 1, wherein the oxide layer conformally covers the plurality of catalyst nanoparticles and the array of conductive projections (Kim teaches a conformal layer, which when applied would conformally cover). See Kim fig. 1.
6. The device of claim 1, wherein:
each conductive projection of the array of conductive projections comprises a plurality of indium gallium nitride (InGaN) segments;
the plurality of InGaN segments comprises a first segment having a compound semiconductor composition configured for photogeneration of charge carriers (top p-InGaN segment; Mi [0077], fig. 1A), and second and third segments configured to establish a tunnel junction (p++ InGaN/InGaN/n++ GaN tunnel junction; id.);
the substrate comprises a plurality of silicon layers; and
the plurality of silicon layers are doped to establish a junction for charge carriers photogenerated in the substrate (plurality of doped silicon layers; id.).
7. The device of claim 6, wherein the plurality of … segments further comprises a fourth segment between the tunnel junction and the substrate (fourth segment; id.). Mi is silent on the fourth segment comprising InGaN.
However, Wang teaches that InGaN is a suitable material for the fourth segment. Wang fig. 2A.
Therefore, it would have been obvious with a reasonable expectation of success to a person having ordinary skill in the art before the effective filing date of the claimed invention to have substituted the aforementioned prior art’s material to be InGaN to yield the predictable result of having a suitable fourth segment material.
9. The device of claim 1, wherein each conductive projection of the array of conductive projections comprises indium gallium nitride doped with magnesium (magnesium doping). Mi [0119].
10. The device of claim 1, wherein each conductive projection of the array of conductive projections comprises a nanowire (rejected for similar reasons stated in the claim 1 rejection).
11. The device of claim 1, wherein each catalyst nanoparticle of the plurality of catalyst nanoparticles comprises platinum (rejected for similar reasons stated in the claim 1 rejection).
Claim 8 is rejected under 35 U.S.C. § 103 as being unpatentable over Mi in view of Wang and Kim as applied to claim 1 previously, and further in view of Kibria et al., Atomic-Scale Origin of Long-Term Stability and High Performance of p-GaN Nanowire Arrays for Photocatalytic Overall Pure Water Splitting, 28 Advanced Materials 8388 (2016) [hereinafter Kibria].
8. The device of claim 1, wherein: each conductive projection of the array of conductive projections has a semiconductor composition (semiconductor composition; Mi fig. 1A) … .
Mi is silent on the semiconductor composition of each conductive projection of the array of conductive projections is terminated with nitrogen along surfaces of the conductive projection.
However, Kibria teaches N termination along surfaces passivate nanowires against attack by electrolytes and is essential to efficiently separate and transport photogenerated charges. Kibria p. 8389, fig. 1.
Therefore, it would have been obvious with a reasonable expectation of success to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the aforementioned prior art’s photoelectrode with N termination along surfaces to passivate nanowires against attack by electrolytes and/or to efficiently separate and transport photogenerated charges.
Response to Arguments
Applicant’s latest filed arguments have been fully considered and are addressed below.
The Examiner has considered Applicant’s argument that Mi does not disclose an oxide layer nor catalyst nanoparticles. Remarks pp. 4-5.
The Examiner respectfully submits that the office action already acknowledges this.
The Examiner has considered Applicant’s argument that Wang lacks an oxide layer. Remarks p. 5.
The Examiner respectfully submits that Kim was cited for the oxide layer.
The Examiner has considered Applicant’s argument that a skilled artisan would not have expected Kim’sthin oxide to cover the nanowires and nanoparticles especially since Kim’s 1 nm oxide didn’t sufficiently cover the surface. Remarks pp. 5-6.
The Examiner respectfully submits that Kim also teaches a 2 nm oxide which Kim reported no problems for. Furthermore, even if the 1 nm oxide left some missed areas, what the 1 nm oxide covers is still an improvement over no oxide which would have motivated a person having ordinary skill in the art would apply.
The Examiner has considered Applicant’s argument that Mi and Wang’s surfaces may be inherently more stable and/or catalytically active than Kim’s.
The Examiner respectfully submits “[t]he arguments of counsel cannot take the place of evidence in the record. … Examples of attorney statements which are not evidence and which must be supported by an appropriate affidavit or declaration include statements regarding unexpected results … .” MPEP § 716.01(c)(II). Applicant points to no evidence for this assertion.
Even if it was proven, a person having ordinary skill in the art would still expect an additive benefit from Wang’s oxide since it “enhances stability and hydrogen production,” which would include surfaces that have more stability than Kim’s surface. Kim abstract.
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 Hosung Chung whose telephone number is (571)270-7578. The examiner can normally be reached Monday-Friday, 9 AM - 5 PM CT.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James Lin can be reached on (571) 272-8902. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/HOSUNG CHUNG/Primary Examiner, Art Unit 1794
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