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
Claims 6-15 remain withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected groups II-III, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11 August 2025.
Response to Amendment
The Amendment filed 2 December 2025 has been entered. Claim 1 is amended; claim 16 is added. Accordingly, claims 1-16 remain pending in the application with claims 1-5 and 16 considered in this Office Action.
Information Disclosure Statement
The Information Disclosure Statement filed 3 October 2025 has been considered.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zheng ("Homogeneous precipitation synthesis and conductive properties of Ga-doped ZnO nanopowders").
Regarding Claim 1, Zheng discloses Ga doped ZnO (aka GZO) nanopowders (Ga doped ZnO nanopowders meet the limitation of gallium-doped zinc oxide particles) having an average grain size of about 20-30 nm (an average grain size of about 20-30 nm meets the limitation of an average particle diameter of from >0 nm to 30 nm); a resistivity of 3.142 × 105 Ω cm (3.142 × 105 Ω cm is equivalent to 0.3142 MΩ·cm and therefore meets the limitation of a resistivity from 0.08 MΩ·cm to 1.4 MΩ·cm); and an ellipsoidal-like shaped structure (an ellipsoidal-like shaped structure produces an elliptical projected particle shape such that the GZO particles of Zheng have an elliptical projected particle shape; Abstract, Fig. 5).
Regarding Claim 2, Zheng further discloses a Ga content in the GZO is from 0.5 mol% to 3.5 mol% (0.5 mol% to 3.5 mol% meets the limitation of >0 mol% to 4.0 mol%; pg. 5437, Col. 1, par. 2; Fig. 7).
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Zheng ("Homogeneous precipitation synthesis and conductive properties of Ga-doped ZnO nanopowders") in view of Maekawa (JP 2015078109).
Regarding Claim 3, Zheng teaches the elements as described above with regards to claim 1.
Zheng discloses GZO has improved performance and is widely used as gas sensors, transparent electrodes in solar cells, flat panel displays and organic light-emitting devices (pg. 5433, Col. 2, par. 2).
Zheng is silent to producing a film containing the gallium-doped zinc oxide particles.
Maekawa discloses a film containing gallium-doped zinc oxide particles (aka ZnO: Ga), the particles having an average particle diameter of more than 0 nm and not more than 100 nm (claim 6). Maekawa further discloses the ZnO: Ga film is used in an electrode material such as a solar cell [0044].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Zheng to incorporate the teachings of Maekawa to produce a film containing the gallium-doped zinc oxide particles, because the film can be used in electrode material such as a solar cell, as recognized by Maekawa [0044], and both Zheng (pg. 5433, Col. 2, par. 2) and Maekawa [0044] teach the use of gallium-doped zinc oxide particles in electrode materials in solar cells.
Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Zheng ("Homogeneous precipitation synthesis and conductive properties of Ga-doped ZnO nanopowders") in view of Maekawa (JP 2015078109) and Pereira (US 2013/0092230).
Regarding Claim 4, Zheng and Maekawa teach the elements as described above with regards to claim 3.
Zheng discloses GZO has improved performance and is widely used as gas sensors, transparent electrodes in solar cells, flat panel displays and organic light-emitting devices (pg. 5433, Col. 2, par. 2).
Zheng is silent to producing a transparent conductive film composed of the film containing the gallium-doped zinc oxide particles.
Pereira discloses a solar cell comprising a substrate (claim 18), the substrate comprising a transparent conductive oxide (aka TCO) layer (TCO layer meets the limitation of a transparent conductive film; claim 1, Abstract), wherein the transparent conductive oxide may be ZnO: Ga (ZnO: Ga meets the limitation of gallium-doped zinc oxide particles; claim 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Zheng to incorporate the teachings of Pereira to produce a transparent conductive film composed of a film containing the gallium-doped zinc oxide particles, because the transparent conductive film can be used in a solar cell, as recognized by Pereira (Abstract) and both Zheng (pg. 5433, Col. 2, par. 2) and Pereira (Abstract; claim 8) teach the use of gallium-doped zinc oxide particles in solar cells.
Regarding Claim 5, Zheng discloses GZO has improved performance and is widely used as gas sensors, transparent electrodes in solar cells, flat panel displays and organic light-emitting devices (pg. 5433, Col. 2, par. 2).
Zheng is silent to producing an electronic device equipped with the transparent conductive film composed of the film containing the gallium-doped zinc oxide particles.
Pereira discloses a solar cell comprising a substrate (solar cell meets the limitation of an electronic device; claim 18), the substrate comprising a transparent conductive oxide (aka TCO) layer (TCO layer meets the limitation of a transparent conductive film; claim 1, Abstract), wherein the transparent conductive oxide may be ZnO: Ga (ZnO: Ga meets the limitation of gallium-doped zinc oxide particles; claim 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Zheng to incorporate the teachings of Pereira to produce an electronic device equipped with the transparent conductive film composed of a film containing the gallium-doped zinc oxide particles, because the use of a transparent conductive film in an electronic device such as a solar cell is a process parameter well-known in the art of transparent conductive films, as recognized by Pereira, and both Zheng (pg. 5433, Col. 2, par. 2) and Pereira [0010] teach the use of gallium-doped zinc oxide particles in transparent electrodes in solar cells.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Zheng ("Homogeneous precipitation synthesis and conductive properties of Ga-doped ZnO nanopowders") in view of Maekawa (JP 2015078109) and Nara (WO 2014010383).
Regarding Claim 16, Zheng and Maekawa teach the elements as described above with regards to claim 3.
Zheng discloses GZO has improved performance and is widely used as gas sensors, transparent electrodes in solar cells, flat panel displays and organic light-emitting devices (pg. 5433, Col. 2, par. 2).
Zheng is silent to producing a film containing the gallium-doped zinc oxide particles as well as a resistivity of the film.
Nara discloses a thin film containing zinc and oxygen (claim 5), which is described as ZnO (zinc oxide)[0018], further comprising gallium (claim 6), wherein the specific resistance (specific resistance is the same as resistivity) of the film is from 1 mΩ·cm to 1 MΩ·cm (claim 8). Nara further discloses films with a specific resistance of more than 1 MΩ·cm have poor conductivity [0031]. Nara further discloses the film is particularly useful for a thin film for a transparent electrode [0038].
Regarding the resistivity of the film in claim 16, it appears that 1 mΩ·cm to 1 MΩ·cm taught by Nara overlaps the claimed range of 0.03 MΩ·cm to 1.0 MΩ·cm such that the range taught by Nara obviates the claimed range. See MPEP 2144.05 (I).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Zheng to incorporate the teachings of Nara to produce a film containing the gallium-doped zinc oxide particles, wherein a resistivity of the film is from 0.03 MΩ·cm to 1.0 MΩ·cm, because films with a specific resistance of more than 1 MΩ·cm have poor conductivity [0031], and both Zheng (pg. 5433, Col. 2, par. 2) and Nara [0038] teach the use of gallium-doped zinc oxide particles in transparent electrodes.
Response to Arguments
Applicant’s arguments, see "Remarks", pg. 5, par. 9, filed 2 December 2025, with respect to the rejection(s) of claim(s) 1-5 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Zheng ("Homogeneous precipitation synthesis and conductive properties of Ga-doped ZnO nanopowders").
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.
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/S.E.S./Examiner, Art Unit 1735
/PAUL A WARTALOWICZ/Primary Examiner, Art Unit 1735
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