DETAILED ACTION
Email Communication
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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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/23/2025 has been entered.
Response to Amendment
Applicant’s amendment of 12/23/2025 does not place the Application in condition for allowance.
Claims 1-8 and 10-20 are currently pending. In response to Office Action mailed on 10/15/2025, Applicant has amended claims 1 and 13-14. Claims 14-20 are withdrawn from consideration as being part of non-elected invention.
Status of the Rejections
The rejection of claims 1-8 and 10-13 from the Office Action mailed on 10/15/2025 are withdrawn in view of Applicant's amendment. However, upon further consideration, a new ground of rejection is presented below for claims 1-8 and 10-13.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-8 and 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Win et al. (US 2013/0233381 A1) in view of Rezende (US 2022/0010915 A1).
Regarding claim 1, Win discloses a solar panel (solar cell module produced by solar cells 1 of figure 1 or 2, [0115]) comprising:
at least one solar cell (solar cell 1 made by substrate 2, doped regions 3 and 4, and p/n type electrodes, see figure 1 and [fig. 1, [0110-0114]);
a transparent layer (passivation layer 5 that is made of silicon oxide, and thus reads on transparent layer) ([0110] and fig. 1) disposed between the at least one solar cell and the ambient environment (exterior) of the solar panel (see figure 1); and
a composition of matter (composition forming insulation layer 11) applied to the transparent layer (5), wherein the composition of matter includes, by mass:
1 to 10% insulating compound (inorganic filler with 2 weight%, [0065] and [0088]); and
a remaining portion resin (polyimide resin, [0087]).
However, Win does not disclose the insulating compound (inorganic filler, [0088]) includes 2 to 60% insulative particles, 5 to 40% microsilica, and 15 to 50% amorphous silica, wherein the insulative particles do not include microsilica or amorphous silica.
Rezende discloses a composition of matter (see Abstract) to form an insulation layer that is highly effective insulation in extreme temperature conditions ([0002]). Rezende further discloses that the insulating compound includes 2 to 60% insulative particles (insulating nanoparticles, [0058]), 5 to 40% microsilica ([0058]), and 5 to 50% amorphous silica ([0088]), wherein the insulative particles do not include microsilica or amorphous silica ([0088]). Rezende further discloses the composition of matter allows for an insulation layer that is resistant to high temperature and thermal shock ([0059]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have used the insulating compound as taught by Rezende as the inorganic filler of Win such that the insulation layer (11 of Win) is resistant to high temperature and thermal shock, which would protect the solar cell from overheat.
Win as modified by Rezende discloses that the insulating compound includes 5 to 50% amorphous silica ([0088] of Rezende). Thus, claimed range (15-50% amorphous silica) lies within the disclosed range (5-50%). 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 2, Win further discloses the resin includes silicone or acrylic ([0089]).
Regarding claim 3, Win as modified by Rezende further discloses the composition of matter further includes 3-20% additive ([0058] of Rezende), which overlaps with the claimed range of greater than 0% and less than or equal to 10% additives. 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 claims 4 and 5, “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.
Since there is no material difference between the composition of matter of Win as modified by Rezende and that of instant claim, it must have an emissivity within a range of 0.80 to 0.86 and must allow transmission of light through the composition of matter in the 380 to 850 nm wavelength range.
Regarding claim 6, Win further discloses that the composition of matter has a thickness of 1 µm or more ([0042]). Thus, claimed range (80-100 µm) overlaps with the disclosed range (≥1 µm), and 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 7, Win as modified by Rezende further discloses the insulating compound further includes one or more of electro-fused silica, fibers, bentonite, semiconductors, inert pigments, carbides, additives and water ([0058] of Rezende).
Regarding claim 8, Win as modified by Rezende further discloses the insulating compound further includes, by mass, 5 to 50% electro-fused silica ([0058] and [0062] of Rezende).
Regarding claim 10, Win as modified by Rezende further discloses the insulating compound further includes by mass, 5 to 40% fiber ([0058] of Rezende).
Regarding claim 11, Win as modified by Rezende further discloses the insulating compound further includes by mass, 1-5% bentonite ([0058] of Rezende).
Regarding claim 12, Win as modified by Rezende further discloses the insulating compound further includes, by mass, 2 to 30% semiconductors ([0058] of Rezende), which overlaps with the claimed range of 5-50%. 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 13, Win as modified by Rezende further discloses that the insulating compound includes 2 to 60% insulative particles (insulating nanoparticles, [0058]), 5 to 40% microsilica ([0058]), 5 to 50% amorphous silica ([0088]), and 20-60% water ([0058]). Thus, claimed range of each of the compounds lies or overlap 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)).
Response to Arguments
Applicant's arguments with respect to claims 1-8 and 10-13 have been considered but are moot in view of the new ground(s) of rejection as necessitated by the amendments.
The arguments are directed to the claims as amended and are moot in view of new ground of rejection as presented above.
Correspondence/Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GOLAM MOWLA whose telephone number is (571)270-5268. The examiner can normally be reached on M-Th, 7am - 4pm.
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/GOLAM MOWLA/ Primary Examiner, Art Unit 1721