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
Claims 11-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 9/22/2025.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-10 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The dependent claims do not cure the deficiency.
The term “thin” in claims 1, 4, 8, and 10 is a relative term which renders the claim indefinite. The term “thin” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For the purpose of examination, any thickness will meet the claimed limitation.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Irwin (US 2020/0161127).
Regarding Claim 1, Irwin teaches a method comprising: forming a lead halide precursor thin film, wherein forming the lead halide precursor thin film comprises: depositing a lead halide precursor ink onto a substrate; drying the lead halide precursor ink to form a first thin film; and annealing the first thin film ([0238]); and forming a perovskite material layer, wherein forming the perovskite material layer comprises: depositing a benzylammonium halide precursor ink onto the first thin film; drying the benzylammonium halide precursor ink; depositing a formamidinium halide precursor ink onto the benzylammonium halide precursor ink; drying the formamidinium halide precursor ink to form a second thin film; and annealing the second thin film ([0239]).
Regarding Claim 2, Irwin teaches wherein the lead halide comprises lead (II) iodide ([0238]).
Regarding Claim 3, Irwin teaches wherein the lead halide precursor ink is deposited onto the substrate through blade coating or slot die coating ([0232]).
Regarding Claim 4, Irwin teaches wherein the first thin film is annealed at 50 C for 10 minutes ([0232]).
Regarding Claim 5, Irwin teaches wherein the benzylammonium halide comprises benzylammonium iodide ([0237]).
Regarding Claim 6, Irwin teaches wherein the formamidinium halide comprises formamidinium iodide ([0237]).
Regarding Claim 7, Irwin teaches wherein the benzylammonium halide precursor ink and the formamidinium halide precursor ink are deposited onto the substrate through slot die coating ([0227], [0232]).
Regarding Claim 8, Irwin teaches wherein second thin film is annealed at 157 C for 5 minutes ([0239]).
Regarding Claim 9, Irwin teaches wherein the lead halide precursor ink is deposited onto a nickel oxide substrate ([0238]).
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.
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.
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.
Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable over Irwin (US 2020/0161127).
Regarding Claim 10, Irwin teaches wherein the nickel oxide substrate is formed by a process comprising the steps of depositing a thin nickel oxide film. Irwin teaches the metal oxide films formed by depositing precursor ink on an electrode material to form a third thin film; and annealing the third thin film ([0109]). Irwin does not explicitly teach the embodiment of a nickel oxide precursor material; however, Irwin teaches precursor ink depositing and annealing is a known method of forming the oxide thin film. It would have been prima facie obvious to one of ordinary skill in the art at the time of the invention to modify the nickel oxide film of Irwin to be formed by a coating method as suggested by the reference because Irwin teaches it is a known method of forming the oxide thin film.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TABATHA L PENNY whose telephone number is (571)270-5512. The examiner can normally be reached M-F 8:00-5:00.
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/TABATHA L PENNY/Primary Examiner, Art Unit 1712