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 .
Response to Amendment
The amendment filed August 6th, 2025 does not place the application in condition for allowance.
The rejections based over Oh et al. are maintained.
The double patenting rejection over 18/204,971 has been withdrawn.
New rejections follow.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-12 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of copending Application No. 18/204,917 in view of Oh et al. (US 2020/0075788 A1). In regards to the single layer coating directly on the substrate that includes SiN or SiON (claim 5), Oh et al. teaches a single layered coating layer directly on the substrate that includes SiNx or SiON(Figure 3, #22 & Paragraph 0074 – the first passivation layer includes a multi-layered structure in which two or more layers are combined, which can include silicon nitride).
This is a provisional nonstatutory double patenting rejection.
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 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.
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.
Claims 1-12 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Oh et al. (US 2020/0075788 A1).
In view of Claim 1, Oh et al. teaches a solar cell (Figure 3), comprising:
a substrate (Figure 3, #10); and
an anti-reflection coating on the substrate (Figure 3, #22 & #24 – Paragraph 0074), the anti-reflection coating comprising:
a single layered coating layer directly on the substrate that includes SiNx (Figure 3, #22 & Paragraph 0074 – the first passivation layer includes a multi-layered structure in which two or more layers are combined, which can include silicon nitride);
a single layered high refractive index coating layer that includes TiO2 directly on the single layered coating layer that includes SiNx (Figure 3, #24 & Paragraph 0074 – the anti-reflection layer can include a multi-layered structure including TiO2);
a single layered coating layer on the single layered high refractive index coating layer that includes TiO2 (Figure 3, #24 & Paragraph 0074 – the anti-reflection layer can include TiO2 and a multi-layered structure comprising TiO2 and two or more layers).
In regards to a specific orientation of these respective layers, Applicant’s attention is directed to MPEP 2143, I, E. In the instant case, there is a design need when selecting multi-layered structures for having a fixed positive or negative charge as disclosed by Oh et al. (Paragraph 0074), wherein Oh et al. discloses a finite number of identified predictable potential solutions for the design need (that being the limited Markush group of materials disclosed by Oh et al.). Oh et al. discloses that the material of the insulating layer 22 (corresponding to the “high refractive index coating layer that includes TiO2”) and the anti-reflection layer 24 “(correspond to the coating layer directly on the substrate) can be variously modified (Paragraph 0074). One of ordinary skill in the art could have pursued the known solutions with a reasonable expectation of success and the results would have been predictable.
In view of Claim 2, Oh et al. is relied upon for the reasons given above in addressing Claim 1. Oh et al. teaches that the single layered coating layer on the high refractive index coating layer that includes TiO2 is selected from a group comprising silicon nitride (Figure 3, #24 & Paragraph 0074).
In regards to a specific orientation of these respective layers, Applicant’s attention is directed to MPEP 2143, I, E. In the instant case, there is a design need when selecting multi-layered structures for having a fixed positive or negative charge as disclosed by Oh et al. (Paragraph 0074), wherein Oh et al. discloses a finite number of identified predictable potential solutions for the design need (that being the limited Markush group of materials disclosed by Oh et al.). Oh et al. discloses that the material of the insulating layer 22 (corresponding to the “high refractive index coating layer that includes TiO2”) and the anti-reflection layer 24 “(correspond to the coating layer directly on the substrate) can be variously modified (Paragraph 0074). One of ordinary skill in the art could have pursued the known solutions with a reasonable expectation of success and the results would have been predictable.
In view of Claim 3, Oh et al. is relied upon for the reasons given above in addressing Claim 1. Oh et al. teaches that the single layered coating layer on the single layered high refractive index coating layer that includes TiO2 is selected form a group that includes silicon oxynitride (Figure 3, #24 & Paragraph 0074).
In regards to a specific orientation of these respective layers, Applicant’s attention is directed to MPEP 2143, I, E. In the instant case, there is a design need when selecting multi-layered structures for having a fixed positive or negative charge as disclosed by Oh et al. (Paragraph 0074), wherein Oh et al. discloses a finite number of identified predictable potential solutions for the design need (that being the limited Markush group of materials disclosed by Oh et al.). Oh et al. discloses that the material of the insulating layer 22 (corresponding to the “high refractive index coating layer that includes TiO2”) and the anti-reflection layer 24 “(correspond to the coating layer directly on the substrate) can be variously modified (Paragraph 0074). One of ordinary skill in the art could have pursued the known solutions with a reasonable expectation of success and the results would have been predictable.
In view of Claim 4, Oh et al. teaches a solar cell (Figure 3), comprising:
a substrate (Figure 3, #10); and
an anti-reflection coating on the substrate (Figure 3, #22 & #24 – Paragraph 0074), the anti-reflection coating comprising:
a single layered coating layer on the substrate that includes SiNx (Figure 3, #22 & Paragraph 0074 – the first passivation layer includes a multi-layered structure in which two or more layers are combined, which can include silicon nitride);
a single layered high refractive index coating layer that includes TiO2 on the single layered coating layer that includes SiNx (Figure 3, #22 & Paragraph 0074 – the first passivation layers include a multi-layered structure that comprises two or more layers selected from silicon nitride and titanium oxide);
a single layered coating layer on the single layered high refractive index coating layer that includes TiO2 (Figure 3, #24 & Paragraph 0074 – the anti-reflection layer is a multi-layered structure in which two or more layers are combined).
a single layered coating layer that includes SiON directly on the single layered coating layer that includes SiNx that is directly on the high refractive index coating layer that includes TiO2 (Figure 3, #24 & Paragraph 0074 – the anti-reflection layer is a multi-layered structure in which two or more layers are combined that includes a silicon oxynitride layer).
In regards to a specific orientation of these respective layers, Applicant’s attention is directed to MPEP 2143, I, E. In the instant case, there is a design need when selecting multi-layered structures for having a fixed positive or negative charge as disclosed by Oh et al. (Paragraph 0074), wherein Oh et al. discloses a finite number of identified predictable potential solutions for the design need (that being the limited Markush group of materials disclosed by Oh et al.). Oh et al. discloses that the material of the insulating layer 22 (corresponding to the “high refractive index coating layer that includes TiO2”) and the anti-reflection layer 24 “(correspond to the coating layer directly on the substrate) can be variously modified (Paragraph 0074). One of ordinary skill in the art could have pursued the known solutions with a reasonable expectation of success and the results would have been predictable.
In view of Claim 5, Oh et al. teaches a solar cell (Figure 3), comprising:
a substrate (Figure 3, #10); and
an anti-reflection coating on the substrate (Figure 3, #22 & #24 – Paragraph 0074), the anti-reflection coating comprising:
a single layered coating layer directly on the substrate that includes SiON (Figure 3, #22 & Paragraph 0074 – the first passivation layer includes a multi-layered structure in which two or more layers are combined, which can include silicon oxynitride);
a single layered high refractive index coating layer that includes TiO2 directly on the single layered coating layer that includes SiNx (Figure 3, #24 & Paragraph 0074 – the anti-reflection layer can include a multi-layered structure including TiO2);
a single layered coating layer directly on the single layered high refractive index coating layer that includes TiO2 (Figure 3, #24 & Paragraph 0074 – the anti-reflection layer can include TiO2 and a multi-layered structure comprising TiO2 and two or more layers).
In regards to a specific orientation of these respective layers, Applicant’s attention is directed to MPEP 2143, I, E. In the instant case, there is a design need when selecting multi-layered structures for having a fixed positive or negative charge as disclosed by Oh et al. (Paragraph 0074), wherein Oh et al. discloses a finite number of identified predictable potential solutions for the design need (that being the limited Markush group of materials disclosed by Oh et al.). Oh et al. discloses that the material of the insulating layer 22 (corresponding to the “high refractive index coating layer that includes TiO2”) and the anti-reflection layer 24 “(correspond to the coating layer directly on the substrate) can be variously modified (Paragraph 0074). One of ordinary skill in the art could have pursued the known solutions with a reasonable expectation of success and the results would have been predictable.
In view of Claim 6, Oh et al. is relied upon for the reasons given above in addressing Claim 5. Oh et al. teaches that the single layered coating layer directly on the high refractive index coating layer that includes TiO2 is selected from a group comprising silicon nitride (Figure 3, #24 & Paragraph 0074).
In regards to a specific orientation of these respective layers, Applicant’s attention is directed to MPEP 2143, I, E. In the instant case, there is a design need when selecting multi-layered structures for having a fixed positive or negative charge as disclosed by Oh et al. (Paragraph 0074), wherein Oh et al. discloses a finite number of identified predictable potential solutions for the design need (that being the limited Markush group of materials disclosed by Oh et al.). Oh et al. discloses that the material of the insulating layer 22 (corresponding to the “high refractive index coating layer that includes TiO2”) and the anti-reflection layer 24 “(correspond to the coating layer directly on the substrate) can be variously modified (Paragraph 0074). One of ordinary skill in the art could have pursued the known solutions with a reasonable expectation of success and the results would have been predictable.
In view of Claim 7, Oh et al. is relied upon for the reasons given above in addressing Claim 5. Oh et al. teaches that the single layered coating layer directly on the high refractive index coating layer that includes TiO2 is selected form a group that includes silicon oxynitride (Figure 3, #24 & Paragraph 0074).
In regards to a specific orientation of these respective layers, Applicant’s attention is directed to MPEP 2143, I, E. In the instant case, there is a design need when selecting multi-layered structures for having a fixed positive or negative charge as disclosed by Oh et al. (Paragraph 0074), wherein Oh et al. discloses a finite number of identified predictable potential solutions for the design need (that being the limited Markush group of materials disclosed by Oh et al.). Oh et al. discloses that the material of the insulating layer 22 (corresponding to the “high refractive index coating layer that includes TiO2”) and the anti-reflection layer 24 “(correspond to the coating layer directly on the substrate) can be variously modified (Paragraph 0074). One of ordinary skill in the art could have pursued the known solutions with a reasonable expectation of success and the results would have been predictable.
In view of Claim 8, Oh et al. teaches a solar cell (Figure 3), comprising:
a substrate (Figure 3, #10); and
an anti-reflection coating on the substrate (Figure 3, #22 & #24 – Paragraph 0074), the anti-reflection coating comprising:
a single layered coating layer directly on the substrate that includes SiON (Figure 3, #22 & Paragraph 0074 – the first passivation layer includes a multi-layered structure in which two or more layers are combined, which can include silicon oxynitride);
a single layered high refractive index coating layer that includes TiO2 on the single layered coating layer that includes SiNx (Figure 3, #22 & Paragraph 0074 – the first passivation layers include a multi-layered structure that comprises two or more layers selected from silicon oxynitride and titanium oxide);
a single layered coating layer directly on the single layered high refractive index coating layer that includes TiO2 (Figure 3, #24 & Paragraph 0074 – the anti-reflection layer is a multi-layered structure in which two or more layers are combined).
a single layered coating layer that includes SiON directly on the single layered coating layer that includes SiNx that is on the single layered high refractive index coating layer that includes TiO2 (Figure 3, #24 & Paragraph 0074 – the anti-reflection layer is a multi-layered structure in which two or more layers are combined that includes a silicon oxynitride layer).
In regards to a specific orientation of these respective layers, Applicant’s attention is directed to MPEP 2143, I, E. In the instant case, there is a design need when selecting multi-layered structures for having a fixed positive or negative charge as disclosed by Oh et al. (Paragraph 0074), wherein Oh et al. discloses a finite number of identified predictable potential solutions for the design need (that being the limited Markush group of materials disclosed by Oh et al.). Oh et al. discloses that the material of the insulating layer 22 (corresponding to the “high refractive index coating layer that includes TiO2”) and the anti-reflection layer 24 “(correspond to the coating layer directly on the substrate) can be variously modified (Paragraph 0074). One of ordinary skill in the art could have pursued the known solutions with a reasonable expectation of success and the results would have been predictable.
In view of Claim 9, Oh et al. teaches a solar cell (Figure 3), comprising:
a substrate (Figure 3, #10); and
an anti-reflection coating on the substrate (Figure 3, #22 & #24 – Paragraph 0074), the anti-reflection coating comprising:
a single layered coating layer on the substrate that includes SiNx (Figure 3, #22 & Paragraph 0074 – the first passivation layer includes a multi-layered structure in which two or more layers are combined, which can include silicon nitride);
a single layered coating layer that includes SiON on the single layered coating layer that includes SiNx (Figure 3, #22 & Paragraph 0074 – the first passivation layer includes a multi-layered structure in which two or more layers are combined, which can include silicon nitride and silicon oxynitride);
a single layered high refractive index coating layer that includes TiO2 on the single layered coating layer that includes SiON (Figure 3, #24 & Paragraph 0074 – the anti-reflection layer can include a multi-layered structure including TiO2);
a single layered coating layer on the single layered high refractive index coating layer that includes TiO2 (Figure 3, #24 & Paragraph 0074 – the anti-reflection layer can include TiO2 and a multi-layered structure comprising TiO2 and two or more layers).
In regards to a specific orientation of these respective layers, Applicant’s attention is directed to MPEP 2143, I, E. In the instant case, there is a design need when selecting multi-layered structures for having a fixed positive or negative charge as disclosed by Oh et al. (Paragraph 0074), wherein Oh et al. discloses a finite number of identified predictable potential solutions for the design need (that being the limited Markush group of materials disclosed by Oh et al.). Oh et al. discloses that the material of the insulating layer 22 (corresponding to the “high refractive index coating layer that includes TiO2”) and the anti-reflection layer 24 “(correspond to the coating layer directly on the substrate) can be variously modified (Paragraph 0074). One of ordinary skill in the art could have pursued the known solutions with a reasonable expectation of success and the results would have been predictable.
In view of Claim 10, Oh et al. is relied upon for the reasons given above in addressing Claim 9. Oh et al. teaches that the single layered coating layer directly on the high refractive index coating layer that includes TiO2 is selected from a group comprising silicon nitride (Figure 3, #24 & Paragraph 0074).
In regards to a specific orientation of these respective layers, Applicant’s attention is directed to MPEP 2143, I, E. In the instant case, there is a design need when selecting multi-layered structures for having a fixed positive or negative charge as disclosed by Oh et al. (Paragraph 0074), wherein Oh et al. discloses a finite number of identified predictable potential solutions for the design need (that being the limited Markush group of materials disclosed by Oh et al.). Oh et al. discloses that the material of the insulating layer 22 (corresponding to the “high refractive index coating layer that includes TiO2”) and the anti-reflection layer 24 “(correspond to the coating layer directly on the substrate) can be variously modified (Paragraph 0074). One of ordinary skill in the art could have pursued the known solutions with a reasonable expectation of success and the results would have been predictable.
In view of Claim 11, Oh et al. is relied upon for the reasons given above in addressing Claim 9. Oh et al. teaches that the single layered coating layer on the high refractive index coating layer that includes TiO2 is selected form a group that includes silicon oxynitride (Figure 3, #24 & Paragraph 0074).
In regards to a specific orientation of these respective layers, Applicant’s attention is directed to MPEP 2143, I, E. In the instant case, there is a design need when selecting multi-layered structures for having a fixed positive or negative charge as disclosed by Oh et al. (Paragraph 0074), wherein Oh et al. discloses a finite number of identified predictable potential solutions for the design need (that being the limited Markush group of materials disclosed by Oh et al.). Oh et al. discloses that the material of the insulating layer 22 (corresponding to the “high refractive index coating layer that includes TiO2”) and the anti-reflection layer 24 “(correspond to the coating layer directly on the substrate) can be variously modified (Paragraph 0074). One of ordinary skill in the art could have pursued the known solutions with a reasonable expectation of success and the results would have been predictable.
In view of Claim 12, Oh et al. is relied upon for the reasons given above in addressing Claim 10. Oh et al. teaches that the anti-reflection layer can comprise a multi-layered structure in which two or more layers are combined, this implies there can be a third layer present. Oh et al. teaches that the multi-layered anti-reflection layer is selected from titanium oxide, silicon nitride, and silicon oxynitride (Figure 3, #24 & Paragraph 0074).
In regards to a specific orientation of these respective layers, Applicant’s attention is directed to MPEP 2143, I, E. In the instant case, there is a design need when selecting multi-layered structures for having a fixed positive or negative charge as disclosed by Oh et al. (Paragraph 0074), wherein Oh et al. discloses a finite number of identified predictable potential solutions for the design need (that being the limited Markush group of materials disclosed by Oh et al.). Oh et al. discloses that the material of the insulating layer 22 (corresponding to the “high refractive index coating layer that includes TiO2”) and the anti-reflection layer 24 “(correspond to the coating layer directly on the substrate) can be variously modified (Paragraph 0074). One of ordinary skill in the art could have pursued the known solutions with a reasonable expectation of success and the results of specific layers directly on one or the other would have been predictable.
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.
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.
Claims 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over Oh et al. (US 2020/0075788 A1) in view of Kuo et al. (US 2023/0327036 A1).
In view of Claim 1, Oh et al. teaches a solar cell (Figure 3), comprising:
a substrate (Figure 3, #10); and
an anti-reflection coating on the substrate (Figure 3, #22 & #24 – Paragraph 0074), the anti-reflection coating comprising:
a single layered coating layer directly on the substrate that includes SiNx (Figure 3, #22 & Paragraph 0074 – the first passivation layer includes a multi-layered structure in which two or more layers are combined, which can include silicon nitride);
a single layered high refractive index coating layer that includes TiO2 directly on the single layered coating layer that includes SiNx (Figure 3, #24 & Paragraph 0074 – the anti-reflection layer can include a multi-layered structure including TiO2);
a single layered coating layer on the high refractive index coating layer that includes TiO2 (Figure 3, #24 & Paragraph 0074 – the anti-reflection layer can include TiO2 and a multi-layered structure comprising TiO2 and two or more layers).
In regards to a specific orientation of these respective layers, Applicant’s attention is directed to MPEP 2143, I, E. In the instant case, there is a design need when selecting multi-layered structures for having a fixed positive or negative charge as disclosed by Oh et al. (Paragraph 0074), wherein Oh et al. discloses a finite number of identified predictable potential solutions for the design need (that being the limited Markush group of materials disclosed by Oh et al.). Oh et al. discloses that the material of the insulating layer 22 (corresponding to the “high refractive index coating layer that includes TiO2”) and the anti-reflection layer 24 “(correspond to the coating layer directly on the substrate) can be variously modified (Paragraph 0074). One of ordinary skill in the art could have pursued the known solutions with a reasonable expectation of success and the results would have been predictable.
Kuo et al. further teaches that anti-reflection layers can be a graded multilayer that contains 3-10 layers that includes silicon nitride, silicon oxynitride, and titanium dioxide in any combinations thereof (Figure 4, #111-#112 - Paragraph 0048 & 0054). Therefore, one of ordinary skill in the art would recognize that anti-reflection layers coated on a substrate are predictably identified as being multilayer structures that include 3-10 layers that includes silicon nitride, silicon oxynitride, and titanium dioxide, and that they may be combined in such a way to arrive at “a coating layer directly on the substrate that includes SiNX; a high refractive index coating layer that includes TiO2 directly on the coating layer that includes SiNX; and a coating layer directly on the high refractive index coating layer that includes TiO2” as there are a finite number of identified materials for an anti-reflection layer associated with a multilayered structure that contains 3-10 layers and one of ordinary skill in the art could have pursued these material choices for a multilayered structure with a reasonable expectation of success.
In view of Claim 2, Oh et al. and Kuo et al. are relied upon for the reasons given above in addressing Claim 1. Oh et al. teaches that the single layered coating layer on the high refractive index coating layer that includes TiO2 is selected from a group comprising silicon nitride (Figure 3, #24 & Paragraph 0074).
In regards to a specific orientation of these respective layers, Applicant’s attention is directed to MPEP 2143, I, E. In the instant case, there is a design need when selecting multi-layered structures for having a fixed positive or negative charge as disclosed by Oh et al. (Paragraph 0074), wherein Oh et al. discloses a finite number of identified predictable potential solutions for the design need (that being the limited Markush group of materials disclosed by Oh et al.). Oh et al. discloses that the material of the insulating layer 22 (corresponding to the “high refractive index coating layer that includes TiO2”) and the anti-reflection layer 24 “(correspond to the coating layer directly on the substrate) can be variously modified (Paragraph 0074). One of ordinary skill in the art could have pursued the known solutions with a reasonable expectation of success and the results would have been predictable.
Kuo et al. further teaches that anti-reflection layers can be graded multilayer that contains 3-10 layers that includes silicon nitride, silicon oxynitride, and titanium dioxide in any combinations thereof (Figure 4, #111-#112 - Paragraph 0048 & 0054). Therefore, one of ordinary skill in the art would recognize that anti-reflection layers coated on a substrate are predictably identified as being multilayer structures that include 3-10 layers that includes silicon nitride, silicon oxynitride, and titanium dioxide, and that they may be combined in such a way to arrive at “a coating layer directly on the substrate that includes SiNX; a high refractive index coating layer that includes TiO2 directly on the coating layer that includes SiNX; and a coating layer directly on the high refractive index coating layer that includes TiO2” as there are a finite number of identified materials for an anti-reflection layer associated with a multilayered structure that contains 3-10 layers and one of ordinary skill in the art could have pursued these material choices for a multilayered structure with a reasonable expectation of success.
In view of Claim 3, Oh et al. and Kuo et al. are relied upon for the reasons given above in addressing Claim 1. Oh et al. teaches that the single layered coating layer on the high refractive index coating layer that includes TiO2 is selected form a group that includes silicon oxynitride (Figure 3, #24 & Paragraph 0074).
In regards to a specific orientation of these respective layers, Applicant’s attention is directed to MPEP 2143, I, E. In the instant case, there is a design need when selecting multi-layered structures for having a fixed positive or negative charge as disclosed by Oh et al. (Paragraph 0074), wherein Oh et al. discloses a finite number of identified predictable potential solutions for the design need (that being the limited Markush group of materials disclosed by Oh et al.). Oh et al. discloses that the material of the insulating layer 22 (corresponding to the “high refractive index coating layer that includes TiO2”) and the anti-reflection layer 24 “(correspond to the coating layer directly on the substrate) can be variously modified (Paragraph 0074). One of ordinary skill in the art could have pursued the known solutions with a reasonable expectation of success and the results would have been predictable.
Kuo et al. further teaches that anti-reflection layers can be graded multilayer that contains 3-10 layers that includes silicon nitride, silicon oxynitride, and titanium dioxide in any combinations thereof (Figure 4, #111-#112 - Paragraph 0048 & 0054). Therefore, one of ordinary skill in the art would recognize that anti-reflection layers coated on a substrate are predictably identified as being multilayer structures that include 3-10 layers that includes silicon nitride, silicon oxynitride, and titanium dioxide, and that they may be combined in such a way to arrive at “a coating layer directly on the substrate that includes SiNX; a high refractive index coating layer that includes TiO2 directly on the coating layer that includes SiNX; and a coating layer directly on the high refractive index coating layer that includes TiO2” as there are a finite number of identified materials for an anti-reflection layer associated with a multilayered structure that contains 3-10 layers and one of ordinary skill in the art could have pursued these material choices for a multilayered structure with a reasonable expectation of success.
In view of Claim 4, Oh et al. teaches a solar cell (Figure 3), comprising:
a substrate (Figure 3, #10); and
an anti-reflection coating on the substrate (Figure 3, #22 & #24 – Paragraph 0074), the anti-reflection coating comprising:
a single layered coating layer on the substrate that includes SiNx (Figure 3, #22 & Paragraph 0074 – the first passivation layer includes a multi-layered structure in which two or more layers are combined, which can include silicon nitride);
a single layered high refractive index coating layer that includes TiO2 on the single layered coating layer that includes SiNx (Figure 3, #22 & Paragraph 0074 – the first passivation layers include a multi-layered structure that comprises two or more layers selected from silicon nitride and titanium oxide);
a single layered coating layer on the high refractive index coating layer that includes TiO2 (Figure 3, #24 & Paragraph 0074 – the anti-reflection layer is a multi-layered structure in which two or more layers are combined).
a single layered coating layer that includes SiON directly on the coating layer that includes SiNx that is directly on the high refractive index coating layer that includes TiO2 (Figure 3, #24 & Paragraph 0074 – the anti-reflection layer is a multi-layered structure in which two or more layers are combined that includes a silicon oxynitride layer).
In regards to a specific orientation of these respective layers, Applicant’s attention is directed to MPEP 2143, I, E. In the instant case, there is a design need when selecting multi-layered structures for having a fixed positive or negative charge as disclosed by Oh et al. (Paragraph 0074), wherein Oh et al. discloses a finite number of identified predictable potential solutions for the design need (that being the limited Markush group of materials disclosed by Oh et al.). Oh et al. discloses that the material of the insulating layer 22 (corresponding to the “high refractive index coating layer that includes TiO2”) and the anti-reflection layer 24 “(correspond to the coating layer directly on the substrate) can be variously modified (Paragraph 0074). One of ordinary skill in the art could have pursued the known solutions with a reasonable expectation of success and the results would have been predictable.
Kuo et al. further teaches that anti-reflection layers can be graded multilayer that contains 3-10 layers that includes silicon nitride, silicon oxynitride, and titanium dioxide in any combinations thereof (Figure 4, #111-#112 - Paragraph 0048 & 0054). Therefore, one of ordinary skill in the art would recognize that anti-reflection layers coated on a substrate are predictably identified as being multilayer structures that include 3-10 layers that includes silicon nitride, silicon oxynitride, and titanium dioxide, and that they may be combined in such a way to arrive at “a coating layer that includes SiON directly on the coating layer that includes SiNX that is directly on the high refractive index coating layer that includes TiO2” as there are a finite number of identified materials for an anti-reflection layer associated with a multilayered structure that contains 3-10 layers and one of ordinary skill in the art could have pursued these material choices for a multilayered structure with a reasonable expectation of success.
In view of Claim 5, Oh et al. teaches a solar cell (Figure 3), comprising:
a substrate (Figure 3, #10); and
an anti-reflection coating on the substrate (Figure 3, #22 & #24 – Paragraph 0074), the anti-reflection coating comprising:
a single layered coating layer directly on the substrate that includes SiON (Figure 3, #22 & Paragraph 0074 – the first passivation layer includes a multi-layered structure in which two or more layers are combined, which can include silicon oxynitride);
a single layered high refractive index coating layer that includes TiO2 directly on the single layered coating layer that includes SiNx (Figure 3, #24 & Paragraph 0074 – the anti-reflection layer can include a multi-layered structure including TiO2);
a single layered coating layer directly on the high refractive index coating layer that includes TiO2 (Figure 3, #24 & Paragraph 0074 – the anti-reflection layer can include TiO2 and a multi-layered structure comprising TiO2 and two or more layers).
In regards to a specific orientation of these respective layers, Applicant’s attention is directed to MPEP 2143, I, E. In the instant case, there is a design need when selecting multi-layered structures for having a fixed positive or negative charge as disclosed by Oh et al. (Paragraph 0074), wherein Oh et al. discloses a finite number of identified predictable potential solutions for the design need (that being the limited Markush group of materials disclosed by Oh et al.). Oh et al. discloses that the material of the insulating layer 22 (corresponding to the “high refractive index coating layer that includes TiO2”) and the anti-reflection layer 24 “(correspond to the coating layer directly on the substrate) can be variously modified (Paragraph 0074). One of ordinary skill in the art could have pursued the known solutions with a reasonable expectation of success and the results would have been predictable.
Kuo et al. further teaches that anti-reflection layers can be graded multilayer that contains 3-10 layers that includes silicon nitride, silicon oxynitride, and titanium dioxide in any combinations thereof (Figure 4, #111-#112 - Paragraph 0048 & 0054). Therefore, one of ordinary skill in the art would recognize that anti-reflection layers coated on a substrate are predictably identified as being multilayer structures that include 3-10 layers that includes silicon nitride, silicon oxynitride, and titanium dioxide, and that they may be combined in such a way to arrive at “an anti-reflection coating on the substrate, the anti-reflection coating comprising: a coating layer that includes SiON directly on the substrate; a high refractive index coating layer that includes TiO2 directly on the coating layer that includes SiON; and a coating layer directly on the high refractive index coating layer that includes TiO2” as there are a finite number of identified materials for an anti-reflection layer associated with a multilayered structure that contains 3-10 layers and one of ordinary skill in the art could have pursued these material choices for a multilayered structure with a reasonable expectation of success.
In view of Claim 6, Oh et al. and Kuo et al. are relied upon for the reasons given above in addressing Claim 5. Oh et al. teaches that the single layered coating layer directly on the high refractive index coating layer that includes TiO2 is selected from a group comprising silicon nitride (Figure 3, #24 & Paragraph 0074).
In regards to a specific orientation of these respective layers, Applicant’s attention is directed to MPEP 2143, I, E. In the instant case, there is a design need when selecting multi-layered structures for having a fixed positive or negative charge as disclosed by Oh et al. (Paragraph 0074), wherein Oh et al. discloses a finite number of identified predictable potential solutions for the design need (that being the limited Markush group of materials disclosed by Oh et al.). Oh et al. discloses that the material of the insulating layer 22 (corresponding to the “high refractive index coating layer that includes TiO2”) and the anti-reflection layer 24 “(correspond to the coating layer directly on the substrate) can be variously modified (Paragraph 0074). One of ordinary skill in the art could have pursued the known solutions with a reasonable expectation of success and the results would have been predictable.
Kuo et al. further teaches that anti-reflection layers can be graded multilayer that contains 3-10 layers that includes silicon nitride, silicon oxynitride, and titanium dioxide in any combinations thereof (Figure 4, #111-#112 - Paragraph 0048 & 0054). Therefore, one of ordinary skill in the art would recognize that anti-reflection layers coated on a substrate are predictably identified as being multilayer structures that include 3-10 layers that includes silicon nitride, silicon oxynitride, and titanium dioxide, and that they may be combined in such a way to arrive at “the coating layer directly on the high refractive index coating layer that includes TiO2 includes SiNX” as there are a finite number of identified materials for an anti-reflection layer associated with a multilayered structure that contains 3-10 layers and one of ordinary skill in the art could have pursued these material choices for a multilayered structure with a reasonable expectation of success.
In view of Claim 7, Oh et al. and Kuo et al. are relied upon for the reasons given above in addressing Claim 5. Oh et al. teaches that the single layered coating layer directly on the high refractive index coating layer that includes TiO2 is selected form a group that includes silicon oxynitride (Figure 3, #24 & Paragraph 0074).
In regards to a specific orientation of these respective layers, Applicant’s attention is directed to MPEP 2143, I, E. In the instant case, there is a design need when selecting multi-layered structures for having a fixed positive or negative charge as disclosed by Oh et al. (Paragraph 0074), wherein Oh et al. discloses a finite number of identified predictable potential solutions for the design need (that being the limited Markush group of materials disclosed by Oh et al.). Oh et al. discloses that the material of the insulating layer 22 (corresponding to the “high refractive index coating layer that includes TiO2”) and the anti-reflection layer 24 “(correspond to the coating layer directly on the substrate) can be variously modified (Paragraph 0074). One of ordinary skill in the art could have pursued the known solutions with a reasonable expectation of success and the results would have been predictable.
Kuo et al. further teaches that anti-reflection layers can be graded multilayer that contains 3-10 layers that includes silicon nitride, silicon oxynitride, and titanium dioxide in any combinations thereof (Figure 4, #111-#112 - Paragraph 0048 & 0054). Therefore, one of ordinary skill in the art would recognize that anti-reflection layers coated on a substrate are predictably identified as being multilayer structures that include 3-10 layers that includes silicon nitride, silicon oxynitride, and titanium dioxide, and that they may be combined in such a way to arrive at “the coating layer directly on the high refractive index coating layer that includes TiO2 includes SiON” as there are a finite number of identified materials for an anti-reflection layer associated with a multilayered structure that contains 3-10 layers and one of ordinary skill in the art could have pursued these material choices for a multilayered structure with a reasonable expectation of success.
In view of Claim 8, Oh et al. teaches a solar cell (Figure 3), comprising:
a substrate (Figure 3, #10); and
an anti-reflection coating on the substrate (Figure 3, #22 & #24 – Paragraph 0074), the anti-reflection coating comprising:
a single layered coating layer directly on the substrate that includes SiON (Figure 3, #22 & Paragraph 0074 – the first passivation layer includes a multi-layered structure in which two or more layers are combined, which can include silicon oxynitride);
a single layered high refractive index coating layer that includes TiO2 on the single layered coating layer that includes SiNx (Figure 3, #22 & Paragraph 0074 – the first passivation layers include a multi-layered structure that comprises two or more layers selected from silicon oxynitride and titanium oxide);
a single layered coating layer directly on the single layered high refractive index coating layer that includes TiO2 (Figure 3, #24 & Paragraph 0074 – the anti-reflection layer is a multi-layered structure in which two or more layers are combined).
a single layered coating layer that includes SiON directly on the single layered coating layer that includes SiNx that is on the single layered high refractive index coating layer that includes TiO2 (Figure 3, #24 & Paragraph 0074 – the anti-reflection layer is a multi-layered structure in which two or more layers are combined that includes a silicon oxynitride layer).
In regards to a specific orientation of these respective layers, Applicant’s attention is directed to MPEP 2143, I, E. In the instant case, there is a design need when selecting multi-layered structures for having a fixed positive or negative charge as disclosed by Oh et al. (Paragraph 0074), wherein Oh et al. discloses a finite number of identified predictable potential solutions for the design need (that being the limited Markush group of materials disclosed by Oh et al.). Oh et al. discloses that the material of the insulating layer 22 (corresponding to the “high refractive index coating layer that includes TiO2”) and the anti-reflection layer 24 “(correspond to the coating layer directly on the substrate) can be variously modified (Paragraph 0074). One of ordinary skill in the art could have pursued the known solutions with a reasonable expectation of success and the results would have been predictable.
Kuo et al. further teaches that anti-reflection layers can be graded multilayer that contains 3-10 layers that includes silicon nitride, silicon oxynitride, and titanium dioxide in any combinations thereof (Figure 4, #111-#112 - Paragraph 0048 & 0054). Therefore, one of ordinary skill in the art would recognize that anti-reflection layers coated on a substrate are predictably identified as being multilayer structures that include 3-10 layers that includes silicon nitride, silicon oxynitride, and titanium dioxide, and that they may be combined in such a way to arrive at “a coating layer that includes SiON directly on the coating layer that includes SiNX that is directly on the high refractive index coating layer that includes TiO2” as there are a finite number of identified materials for an anti-reflection layer associated with a multilayered structure that contains 3-10 layers and one of ordinary skill in the art could have pursued these material choices for a multilayered structure with a reasonable expectation of success.
In view of Claim 9, Oh et al. teaches a solar cell (Figure 3), comprising:
a substrate (Figure 3, #10); and
an anti-reflection coating on the substrate (Figure 3, #22 & #24 – Paragraph 0074), the anti-reflection coating comprising:
a single layered coating layer directly on the substrate that includes SiNx (Figure 3, #22 & Paragraph 0074 – the first passivation layer includes a multi-layered structure in which two or more layers are combined, which can include silicon nitride);
a single layered coating layer that includes SiON directly on the single layered coating layer that includes SiNx (Figure 3, #22 & Paragraph 0074 – the first passivation layer includes a multi-layered structure in which two or more layers are combined, which can include silicon nitride and silicon oxynitride);
a single layered high refractive index coating layer that includes TiO2 directly on the single layered coating layer that includes SiON (Figure 3, #24 & Paragraph 0074 – the anti-reflection layer can include a multi-layered structure including TiO2);
a single layered coating layer directly on the single layered high refractive index coating layer that includes TiO2 (Figure 3, #24 & Paragraph 0074 – the anti-reflection layer can include TiO2 and a multi-layered structure comprising TiO2 and two or more layers).
In regards to a specific orientation of these respective layers, Applicant’s attention is directed to MPEP 2143, I, E. In the instant case, there is a design need when selecting multi-layered structures for having a fixed positive or negative charge as disclosed by Oh et al. (Paragraph 0074), wherein Oh et al. discloses a finite number of identified predictable potential solutions for the design need (that being the limited Markush group of materials disclosed by Oh et al.). Oh et al. discloses that the material of the insulating layer 22 (corresponding to the “high refractive index coating layer that includes TiO2”) and the anti-reflection layer 24 “(correspond to the coating layer directly on the substrate) can be variously modified (Paragraph 0074). One of ordinary skill in the art could have pursued the known solutions with a reasonable expectation of success and the results would have been predictable.
Kuo et al. further teaches that anti-reflection layers can be graded multilayer that contains 3-10 layers that includes silicon nitride, silicon oxynitride, and titanium dioxide in any combinations thereof (Figure 4, #111-#112 - Paragraph 0048 & 0054). Therefore, one of ordinary skill in the art would recognize that anti-reflection layers coated on a substrate are predictably identified as being multilayer structures that include 3-10 layers that includes silicon nitride, silicon oxynitride, and titanium dioxide, and that they may be combined in such a way to arrive at “an anti-reflection coating comprising: a coating layer directly on the substrate that includes SiNX; a coating layer that includes SiON directly on the coating layer that includes SiNX; a high refractive index coating layer that includes TiO2 directly on the coating layer that includes SiON; and a coating layer directly on the high refractive index coating layer that includes TiO2” as there are a finite number of identified materials for an anti-reflection layer associated with a multilayered structure that contains 3-10 layers and one of ordinary skill in the art could have pursued these material choices for a multilayered structure with a reasonable expectation of success.
In view of Claim 10, Oh et al. and Kuo et al. are relied upon for the reasons given above in addressing Claim 9. Oh et al. teaches that the single layered coating layer directly on the single layered high refractive index coating layer that includes TiO2 is selected from a group comprising silicon nitride (Figure 3, #24 & Paragraph 0074).
In regards to a specific orientation of these respective layers, Applicant’s attention is directed to MPEP 2143, I, E. In the instant case, there is a design need when selecting multi-layered structures for having a fixed positive or negative charge as disclosed by Oh et al. (Paragraph 0074), wherein Oh et al. discloses a finite number of identified predictable potential solutions for the design need (that being the limited Markush group of materials disclosed by Oh et al.). Oh et al. discloses that the material of the insulating layer 22 (corresponding to the “high refractive index coating layer that includes TiO2”) and the anti-reflection layer 24 “(correspond to the coating layer directly on the substrate) can be variously modified (Paragraph 0074). One of ordinary skill in the art could have pursued the known solutions with a reasonable expectation of success and the results would have been predictable.
Kuo et al. further teaches that anti-reflection layers can be graded multilayer that contains 3-10 layers that includes silicon nitride, silicon oxynitride, and titanium dioxide in any combinations thereof (Figure 4, #111-#112 - Paragraph 0048 & 0054). Therefore, one of ordinary skill in the art would recognize that anti-reflection layers coated on a substrate are predictably identified as being multilayer structures that include 3-10 layers that includes silicon nitride, silicon oxynitride, and titanium dioxide, and that they may be combined in such a way to arrive at “the coating layer directly on the high refractive index coating layer that includes TiO2 includes SiNX” as there are a finite number of identified materials for an anti-reflection layer associated with a multilayered structure that contains 3-10 layers and one of ordinary skill in the art could have pursued these material choices for a multilayered structure with a reasonable expectation of success.
In view of Claim 11, Oh et al. and Kuo et al. are relied upon for the reasons given above in addressing Claim 9. Oh et al. teaches that the single layered coating layer on the single layered high refractive index coating layer that includes TiO2 is selected form a group that includes silicon oxynitride (Figure 3, #24 & Paragraph 0074).
In regards to a specific orientation of these respective layers, Applicant’s attention is directed to MPEP 2143, I, E. In the instant case, there is a design need when selecting multi-layered structures for having a fixed positive or negative charge as disclosed by Oh et al. (Paragraph 0074), wherein Oh et al. discloses a finite number of identified predictable potential solutions for the design need (that being the limited Markush group of materials disclosed by Oh et al.). Oh et al. discloses that the material of the insulating layer 22 (corresponding to the “high refractive index coating layer that includes TiO2”) and the anti-reflection layer 24 “(correspond to the coating layer directly on the substrate) can be variously modified (Paragraph 0074). One of ordinary skill in the art could have pursued the known solutions with a reasonable expectation of success and the results would have been predictable.
Kuo et al. further teaches that anti-reflection layers can be graded multilayer that contains 3-10 layers that includes silicon nitride, silicon oxynitride, and titanium dioxide in any combinations thereof (Figure 4, #111-#112 - Paragraph 0048 & 0054). Therefore, one of ordinary skill in the art would recognize that anti-reflection layers coated on a substrate are predictably identified as being multilayer structures that include 3-10 layers that includes silicon nitride, silicon oxynitride, and titanium dioxide, and that they may be combined in such a way to arrive at “the coating layer directly on the high refractive index coating layer that includes TiO2 includes SiON” as there are a finite number of identified materials for an anti-reflection layer associated with a multilayered structure that contains 3-10 layers and one of ordinary skill in the art could have pursued these material choices for a multilayered structure with a reasonable expectation of success.
In view of Claim 12, Oh et al. and Kuo et al. are relied upon for the reasons given above in addressing Claim 10. Oh et al. teaches that the anti-reflection layer can comprise a multi-layered structure in which two or more layers are combined, this implies there can be a third layer present. Oh et al. teaches that the multi-layered anti-reflection layer is selected from titanium oxide, silicon nitride, and silicon oxynitride (Figure 3, #24 & Paragraph 0074), wherein all of these layers are considered on one another.
In regards to a specific orientation of these respective layers, Applicant’s attention is directed to MPEP 2143, I, E. In the instant case, there is a design need when selecting multi-layered structures for having a fixed positive or negative charge as disclosed by Oh et al. (Paragraph 0074), wherein Oh et al. discloses a finite number of identified predictable potential solutions for the design need (that being the limited Markush group of materials disclosed by Oh et al.). Oh et al. discloses that the material of the insulating layer 22 (corresponding to the “high refractive index coating layer that includes TiO2”) and the anti-reflection layer 24 “(correspond to the coating layer directly on the substrate) can be variously modified (Paragraph 0074). One of ordinary skill in the art could have pursued the known solutions with a reasonable expectation of success and the results would have been predictable.
Kuo et al. further teaches that anti-reflection layers can be graded multilayer that contains 3-10 layers that includes silicon nitride, silicon oxynitride, and titanium dioxide in any combinations thereof (Figure 4, #111-#112 - Paragraph 0048 & 0054). Therefore, one of ordinary skill in the art would recognize that anti-reflection layers coated on a substrate are predictably identified as being multilayer structures that include 3-10 layers that includes silicon nitride, silicon oxynitride, and titanium dioxide, and that they may be combined in such a way to arrive at “a coating layer that includes SiON directly on the coating layer that includes SiNX that is directly on the high refractive index coating layer that includes TiO2” as there are a finite number of identified materials for an anti-reflection layer associated with a multilayered structure that contains 3-10 layers and one of ordinary skill in the art could have pursued these material choices for a multilayered structure with a reasonable expectation of success.
Response to Arguments
Applicant argues that Oh et al. does not anticipate claim 1 because Oh et al. does not teach or suggest a solar cell that includes an anti-reflection coating that includes a high refractive index coating layer and “a coating layer directly on the high refractive index coating layer that includes TiO2”. The Examiner respectfully disagrees and points out to Applicant that Oh et al. explicitly discloses that layer 22 and layer 24 are multi-layered structures that can include silicon nitride, and TiO2. In the instant case claim 1 requires a coating layer on the substrate that includes silicon nitride and a high refractive coating layer that includes TiO2, Oh et al. discloses layer 22 can comprise a multi-layered structure of silicon nitride and TiO2, layer 24 resides on top of this multilayered structure and reads on the limitation “a single layered coating layer directly on the single layered high refractive index coating layer that includes TiO2”. Accordingly, for the reasons stated above, this argument is unpersuasive.
Applicant argues that Oh et al. discloses that the first passivation layer 22 and the anti-reflection layer 24 are shown as distinct materials that play distinct roles in the operation of the solar cell. The Examiner respectfully points out to Applicant that Oh et al. discloses that the first passivation layer 22 and the anti-reflection layer 24 may have the same combination of layers as instant claim 1. In regards to the layers being specifically passivating or anti-reflecting is immaterial as Oh et al. generally discloses that the layers as claimed by Applicant can be combined to meet the specific ordering of the layers required by claim 1, thus the combination of these layers being “anti-reflecting coatings” is immaterial because whether Applicant has discovered that the specific ordering of these layers results in an additional unappreciated property of being “more” anti-reflecting, or “better” at anti-reflecting is still inherently present in the combination provided by Oh. See MPEP 2112, I-II. Accordingly, for the reasons given above, this argument is unpersuasive.
Applicant argues that Oh et al. teaches away from “a coating layer on the high refractive index coating layer that includes TiO2”. The Examiner respectfully disagrees and points out to Applicant that Oh et al. teaches a high refractive index coating layer that includes TiO2 on the coating layer that includes SiNx (Figure 3, #24 & Paragraph 0074 – the anti-reflection layer can include a multi-layered structure including TiO2); a coating layer on the high refractive index coating layer that includes TiO2 (Figure 3, #24 & Paragraph 0074 – the anti-reflection layer can include TiO2 and a multi-layered structure comprising TiO2 and two or more layers).In regards to a specific orientation of these respective layers, Applicant’s attention is directed to MPEP 2143, I, E. In the instant case, there is a design need when selecting multi-layered structures for having a fixed positive or negative charge as disclosed by Oh et al. (Paragraph 0074), wherein Oh et al. discloses a finite number of identified predictable potential solutions for the design need (that being the limited Markush group of materials disclosed by Oh et al.). One of ordinary skill in the art could have pursued the known solutions with a reasonable expectation of success and the results would have been predictable.
Furthermore, the claim language contested by Applicant recites, “a coating layer on the substrate that includes SiNx; a high refractive index coating layer that includes TiO2 on the coating layer that includes SiNX; and a coating layer on the high refractive coating layer that includes TiO-2”. Essentially Applicant has claimed three distinct layers, one of which includes silicon nitride, one of which includes TiO2, and one of which that can contain any material.
Applicant argues in regards to Oh et al. 103 rejection of obviousness that Oh et al. teaches away from modifying the subject matter disclosed by Oh et al. to obtain the claimed invention because Oh et al. does not teach that there is a coating provided directly on the anti-reflection layer 24 of Oh et al. The Examiner respectfully points out to Applicant that the anti-reflection layer 24 corresponds to a multi-layered structure comprising TiO2 and two or more layers). In regards to a specific orientation of these respective layers, Applicant’s attention is directed to MPEP 2143, I, E. In the instant case, there is a design need when selecting multi-layered structures for having a fixed positive or negative charge as disclosed by Oh et al. (Paragraph 0074), wherein Oh et al. discloses a finite number of identified predictable potential solutions for the design need (that being the limited Markush group of materials disclosed by Oh et al.). Oh et al. discloses that the materials of the insulating layer 22 (corresponding to the “high refractive index coating layer that includes TiO2”) and the anti-reflection layer 24 “(correspond to the coating layer directly on the substrate) can be variously modified (Paragraph 0074). Accordingly, this argument is unpersuasive.
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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/DANIEL P MALLEY JR./Primary Examiner, Art Unit 1726
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