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The double patenting rejection over copending 18/202,483 is withdrawn due to Applicant’s amendment.
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.
Claim 1-15 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of copending Application No. 18/202,483 in view of Oh et al. (US 2020/0075788 A1).
Regarding Claim 1, the difference between claim 1 of the instant application and claim 1 of copending application 18/202,483 is the addition of the limitation “a singled layered coating layer directly on the substrate”, the other layers in each claim are identical in their orientation, that being a SiN/TiO2/generic single layered coating, multi-layer stack. Oh et al. discloses that a multilayer stack on the surface of a solar cell substrate may include 2-4 layers selected from SiN or TiO2 (Fig. 3, #22 & #24 – Paragraph 0074).
Oh et al. discloses two layers (Fig. 3, #22 & #24) disposed sequentially on the surface of a substrate (Fig. 3, #10) that each individually are selected as a multi-layered (Paragraph 0074 – “in which two or more layers are combined”) structure in which these “two or more layers” are selected from materials including silicon nitride (SiN), and titanium oxide (TiO2) (Paragraph 0074). In the instant case, Oh et al. discloses each element of the claimed anti-reflection coating, with only the difference between the claimed anti-reflection coating and Oh et al. two or more layers is an explicit example of the materials selected of the claimed anti-reflection coating. One of ordinary skill in the art would appreciate that Oh et al. provides material selection guidance for layers 22/24 in that these two or more layers are selected from a finite Markush group selected from materials including silicon nitride (SiN), and titanium oxide (TiO2) and by explicitly stating that the material of the multi-layered structure and the like can be variously modified (Paragraph 0074 – “the material of the…multi-layered structure, and the like can be variously modified”). One of ordinary skill in the art would thus recognize that the specific ordering of the claimed anti-reflection coating that includes, 1 a generic single layer, 2 a SiNX layer, 3 a TiO2 layer, and 4 an additional generic material single layer sequentially deposited on a solar cell substrate are known material selections from a solar cell substrate and one of ordinary skill in the art at the time the invention was filed could have substituted the specific materials required for the claimed anti-reflection layer and the results of the substitution would have been predictable.
Annotated Oh et al. Fig. 3
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Regarding Claim 2, Oh et al. teaches that the single layered coating layer directly on the substrate can be selected as silicon oxide (Figure 3, #22 & Paragraph 0074 – the first passivation layer includes a multi-layered structure in which two or more layers are combined.
Regarding Claim 3, Oh et al. teaches that the single layered coating layer directly on the single layered high refractive index coating layer that includes TiO2 can include SiNX (Figure 3, #24 & Paragraph 0074 – the anti-reflection layer can include TiO2 and a multi-layered structure comprising TiO2 and two or more layers selected from silicon nitride).
Regarding Claim 4, Oh et al. teaches that the single layered coating layer directly on the single layered high refractive index coating layer that includes TiO2 can include SiON (Figure 3, #24 & Paragraph 0074 – the anti-reflection layer can include TiO2 and a multi-layered structure comprising TiO2 and two or more layers selected from silicon oxynitride).
Regarding Claim 5, Oh et al. teaches a coating layer that can include SiON that is 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 can include TiO2 and a multi-layered structure comprising TiO2 and two or more layers selected from silicon oxynitride).
Regarding Claim 6, the difference between claim 6 of the instant application and claim 1 of copending application 18/202,483 is the addition of the limitation “a singled layered coating layer directly on the substrate”, the other layers in each claim are identical in their orientation, that being a SiN/SiON/TiO2/generic single layered coating, multi-layer stack.
Oh et al. discloses that a multilayer stack on the surface of a solar cell substrate may include 2-4 layers selected from SiN, SiON, or TiO2 (Fig. 3, #22 & #24 – Paragraph 0074). Oh et al. discloses two layers (Fig. 3, #22 & #24) disposed sequentially on the surface of a substrate (Fig. 3, #10) that each individually are selected as a multi-layered (Paragraph 0074 – “in which two or more layers are combined”) structure in which these “two or more layers” are selected from materials including silicon oxynitride (SiON), and titanium oxide (TiO2) (Paragraph 0074). In the instant case, Oh et al. discloses each element of the claimed anti-reflection coating, with only the difference between the claimed anti-reflection coating and Oh et al. two or more layers is an explicit example of the materials selected of the claimed anti-reflection coating. One of ordinary skill in the art would appreciate that Oh et al. provides material selection guidance for layers 22/24 in that these two or more layers are selected from a finite Markush group selected from materials including silicon nitride (SiN), and titanium oxide (TiO2) and by explicitly stating that the material of the multi-layered structure and the like can be variously modified (Paragraph 0074 – “the material of the…multi-layered structure, and the like can be variously modified”). One of ordinary skill in the art would thus recognize that the specific ordering of the claimed anti-reflection coating that includes, 1 a generic single layer, 2 a SiON layer, 3 a TiO2 layer, and 4 an additional generic material single layer sequentially deposited on a solar cell substrate are known material selections from a solar cell substrate and one of ordinary skill in the art at the time the invention was filed could have substituted the specific materials required for the claimed anti-reflection layer and the results of the substitution would have been predictable.
Annotated Oh et al. Fig. 3
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Regarding Claim 7, Oh et al. teaches that the single layered coating layer on the substrate can be selected as silicon oxide (Figure 3, #22 & Paragraph 0074 – the first passivation layer includes a multi-layered structure in which two or more layers are combined.
Regarding Claim 8, Oh et al. teaches that the single layered coating layer on the high refractive index coating layer that includes TiO2 includes silicon nitride (Figure 3, #24 & Paragraph 0074 – the anti-reflection layer can include TiO2 and a multi-layered structure comprising TiO2 and two or more layers selected from silicon nitride).
Regarding Claim 9, Oh et al. teaches that the single layered coating layer on the high refractive index coating layer that includes TiO2 includes SiON (Figure 3, #24 & Paragraph 0074 – the anti-reflection layer can include TiO2 and a multi-layered structure comprising TiO2 and two or more layers selected from silicon oxynitride).
Regarding Claim 10, Oh et al. teaches that a coating layer that includes SiON directly on the single layered coating layer that includes SiNX that is directly on the single layered high refractive index coating layer that includes TiO2 (Figure 3, #24 – this layer can includes at least three layers, wherein one of the layers is selected is silicon oxynitride & Paragraph 0074).
Regarding Claim 11, the difference between claim 11 of the instant application and claim 9 of copending application 18/202,483 is the addition of the limitation “a singled layered coating layer directly on the substrate”, the other layers in each claim are identical in their orientation, that being a SiN/SiON/TiO2/generic single layered coating, multi-layer stack. Oh et al. discloses that a multilayer stack on the surface of a solar cell substrate may include 2-4 layers selected from SiN, SiON or TiO2 (Fig. 3, #22 & #24 – Paragraph 0074).
Oh et al. discloses two layers (Fig. 3, #22 & #24) disposed sequentially on the surface of a substrate (Fig. 3, #10) that each individually are selected as a multi-layered (Paragraph 0074 – “in which two or more layers are combined”) structure in which these “two or more layers” are selected from materials including silicon nitride (SiN), silicon oxynitride (SiON), and titanium oxide (TiO2) (Paragraph 0074). In the instant case, Oh et al. discloses each element of the claimed anti-reflection coating, with only the difference between the claimed anti-reflection coating and Oh et al. two or more layers is an explicit example of the materials selected of the claimed anti-reflection coating. One of ordinary skill in the art would appreciate that Oh et al. provides material selection guidance for layers 22/24 in that these two or more layers are selected from a finite Markush group selected from materials including silicon nitride (SiN), silicon oxynitride (SiON), and titanium oxide (TiO2) and by explicitly stating that the material of the multi-layered structure and the like can be variously modified (Paragraph 0074 – “the material of the…multi-layered structure, and the like can be variously modified”). One of ordinary skill in the art would thus recognize that the specific ordering of the claimed anti-reflection coating that includes, 1 a generic single layer, 2 a SiNX layer, 3, a layer of SiON, 4 a TiO2 layer, and 5 an additional generic material single layer sequentially deposited on a solar cell substrate are known material selections from a solar cell substrate and one of ordinary skill in the art at the time the invention was filed could have substituted the specific materials required for the claimed anti-reflection layer and the results of the substitution would have been predictable.
Regarding Claim 12, Oh et al. teaches that the single layered coating layer directly on the substrate can be selected as silicon oxide (Figure 3, #22 & Paragraph 0074 – the first passivation layer includes a multi-layered structure in which two or more layers are combined.
Regarding Claim 13, Oh et al. teaches that the single layered coating layer directly on the single layered high refractive index coating layer that includes TiO2 can include silicon nitride (Figure 3, #24 & Paragraph 0074 – the anti-reflection layer can include TiO2 and a multi-layered structure comprising TiO2 and two or more layers selected from silicon nitride).
Regarding Claim 14, Oh et al. teaches that the single layered coating layer directly on the single layered high refractive index coating layer that includes TiO2 can include SiON (Figure 3, #24 & Paragraph 0074 – the anti-reflection layer can include TiO2 and a multi-layered structure comprising TiO2 and two or more layers selected from silicon oxynitride).
Regarding Claim 15, Oh et al. teaches a coating layer that can be selected from SiON directly on the single layered coating layer that includes silicon nitride that is directly on the 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 selected from silicon oxynitride and silicon nitride). Yu et al. was relied upon to disclose why the silicon nitride layer of Oh et al. would be of the formula SiNx.
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 6-9 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 6, Oh et al. teaches a solar cell (Figure 3), comprising:
a substrate (Figure 3, #10/#20 doped front surface of the substrate); 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 (Figure 3, #22 & Paragraph 0074 – the first passivation layer includes a multi-layered structure in which two or more layers are combined);
a single layered coating layer that includes silicon oxynitride on the single layered coating layer on the substrate (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 silicon oxynitride (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 the alternative obviousness conclusion, Oh et al. discloses two layers (Fig. 3, #22 & #24) disposed sequentially on the surface of a substrate (Fig. 3, #10) that each individually are selected as a multi-layered (Paragraph 0074 – “in which two or more layers are combined”) structure in which these “two or more layers” are selected from materials including silicon oxynitride (SiON), and titanium oxide (TiO2) (Paragraph 0074). In the instant case, Oh et al. discloses each element of the claimed anti-reflection coating, with only the difference between the claimed anti-reflection coating and Oh et al. two or more layers is an explicit example of the materials selected of the claimed anti-reflection coating. One of ordinary skill in the art would appreciate that Oh et al. provides material selection guidance for layers 22/24 in that these two or more layers are selected from a finite Markush group selected from materials including silicon nitride (SiN), and titanium oxide (TiO2) and by explicitly stating that the material of the multi-layered structure and the like can be variously modified (Paragraph 0074 – “the material of the…multi-layered structure, and the like can be variously modified”). One of ordinary skill in the art would thus recognize that the specific ordering of the claimed anti-reflection coating that includes, 1 a generic single layer, 2 a SiON layer, 3 a TiO2 layer, and 4 an additional generic material single layer sequentially deposited on a solar cell substrate are known material selections from a solar cell substrate and one of ordinary skill in the art at the time the invention was filed could have substituted the specific materials required for the claimed anti-reflection layer and the results of the substitution would have been predictable.
Annotated Oh et al. Fig. 3
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In view of Claim 7, Oh et al. is relied upon for the reasons given above in addressing Claim 6. Oh et al. teaches that the single layered coating layer on the substrate can be selected as silicon oxide (Figure 3, #22 & Paragraph 0074 – the first passivation layer includes a multi-layered structure in which two or more layers are combined.
In view of Claim 8, Oh et al. is relied upon for the reasons given above in addressing Claim 6. Oh et al. teaches that the single layered coating layer on the high refractive index coating layer that includes TiO2 includes silicon nitride (Figure 3, #24 & Paragraph 0074 – the anti-reflection layer can include TiO2 and a multi-layered structure comprising TiO2 and two or more layers selected from silicon nitride).
In view of Claim 9, Oh et al. is relied upon for the reasons given above in addressing Claim 6. Oh et al. teaches that the single layered coating layer on the high refractive index coating layer that includes TiO2 includes SiON (Figure 3, #24 & Paragraph 0074 – the anti-reflection layer can include TiO2 and a multi-layered structure comprising TiO2 and two or more layers selected from silicon oxynitride).
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 1-5, 8, and 10-15 are rejected under 35 U.S.C. 103 as being unpatentable over Oh et al. (US 2020/0075788 A1) in view of Yu et al. (US 2010/0258168 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 (Figure 3, #22 & Paragraph 0074 – the first passivation layer includes a multi-layered structure in which two or more layers are combined);
a single layered coating layer that includes SiNx directly on the single layered coating layer directly on the substrate (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 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 the alternative obviousness conclusion, Oh et al. discloses two layers (Fig. 3, #22 & #24) disposed sequentially on the surface of a substrate (Fig. 3, #10) that each individually are selected as a multi-layered (Paragraph 0074 – “in which two or more layers are combined”) structure in which these “two or more layers” are selected from materials including silicon nitride (SiN), and titanium oxide (TiO2) (Paragraph 0074). In the instant case, Oh et al. discloses each element of the claimed anti-reflection coating, with only the difference between the claimed anti-reflection coating and Oh et al. two or more layers is an explicit example of the materials selected of the claimed anti-reflection coating. One of ordinary skill in the art would appreciate that Oh et al. provides material selection guidance for layers 22/24 in that these two or more layers are selected from a finite Markush group selected from materials including silicon nitride (SiN), and titanium oxide (TiO2) and by explicitly stating that the material of the multi-layered structure and the like can be variously modified (Paragraph 0074 – “the material of the…multi-layered structure, and the like can be variously modified”). One of ordinary skill in the art would thus recognize that the specific ordering of the claimed anti-reflection coating that includes, 1 a generic single layer, 2 a SiNX layer, 3 a TiO2 layer, and 4 an additional generic material single layer sequentially deposited on a solar cell substrate are known material selections from a solar cell substrate and one of ordinary skill in the art at the time the invention was filed could have substituted the specific materials required for the claimed anti-reflection layer and the results of the substitution would have been predictable.
Annotated Oh et al. Fig. 3
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Oh et al. does not explicitly teach that the silicon nitride layer has the formula SiNX.
Yu et al. teaches a silicon nitride layer used in the same capacity as Oh et al. that has the formula SiNX, and teaches that in addition to passivation by hydrogenation and surface field effect that SiNX also acts as an anti-reflective layer (Paragraph 0034). Accordingly, it would have been obvious to use this specific version of silicon nitride as disclosed by Yu et al. as the silicon nitride material used in Oh et al. silicon nitride layers for the advantage of having a silicon nitride layer that provides an ARC feature, passivation by hydrogenation and a surface field effect.
In view of Claim 2, Oh et al. and Yu et al. are relied upon for the reasons given above in addressing Claim 1. Oh et al. teaches that the single layered coating layer directly on the substrate can be selected as silicon oxide (Figure 3, #22 & Paragraph 0074 – the first passivation layer includes a multi-layered structure in which two or more layers are combined.
In view of Claim 3, Oh et al. and Yu et al. are relied upon for the reasons given above in addressing Claim 1. Oh et al. teaches that the single layered coating layer directly on the single layered high refractive index coating layer that includes TiO2 can include SiNX (Figure 3, #24 & Paragraph 0074 – the anti-reflection layer can include TiO2 and a multi-layered structure comprising TiO2 and two or more layers selected from silicon nitride).
In view of Claim 4, Oh et al. and Yu et al. are relied upon for the reasons given above in addressing Claim 1. Oh et al. teaches that the single layered coating layer directly on the single layered high refractive index coating layer that includes TiO2 can include SiON (Figure 3, #24 & Paragraph 0074 – the anti-reflection layer can include TiO2 and a multi-layered structure comprising TiO2 and two or more layers selected from silicon oxynitride).
In view of Claim 5, Oh et al. and Yu et al. are relied upon for the reasons given above in addressing Claim 3. Oh et al. teaches a coating layer that can include SiON that is 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 can include TiO2 and a multi-layered structure comprising TiO2 and two or more layers selected from silicon oxynitride). All these layers are considered on one another. Yu et al. was relied upon to disclose why it would be obvious to use that specific material SiNX as the silicon nitride material of Oh et al. solar cell.
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.
In view of Claim 8, Oh et al. is relied upon for the reasons given above in addressing Claim 2. Oh et al. teaches that the single layered coating layer directly on the single layered high refractive index coating layer that includes TiO2 can include silicon nitride (Figure 3, #24 & Paragraph 0074 – the anti-reflection layer can include TiO2 and a multi-layered structure comprising TiO2 and two or more layers selected from silicon nitride).
Oh et al. does not explicitly teach that the silicon nitride layer has the formula SiNX.
Yu et al. teaches a silicon nitride layer used in the same capacity as Oh et al. that has the formula SiNX, and teaches that in addition to passivation by hydrogenation and surface field effect that SiNX also acts as an anti-reflective layer (Paragraph 0034). Accordingly, it would have been obvious to use this specific version of silicon nitride as disclosed by Yu et al. as the silicon nitride material used in Oh et al. silicon nitride layers for the advantage of having a silicon nitride layer that provides an ARC feature, passivation by hydrogenation and a surface field effect.
In view of Claim 10, Oh et al. and Yu et al. are relied upon for the reasons given above in addressing Claim 8. Oh et al. teaches that a coating layer that includes SiON directly on the single layered coating layer that includes SiNX that is directly on the single layered high refractive index coating layer that includes TiO2 (Figure 3, #24 – this layer can includes at least three layers, wherein one of the layers is selected is silicon oxynitride & Paragraph 0074).
In view of Claim 11, 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 (Figure 3, #22 & Paragraph 0074 – the first passivation layer includes a multi-layered structure in which two or more layers are combined, this implies at least three layers can be present);
a single layered coating layer that includes SiNx directly on the single layered coating layer directly on the substrate (Figure 3, #22 & Paragraph 0074 – the first passivation layer includes a multi-layered structure in which two or more layers are combined, this implies at least three layers can be present 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, this implies at least three layers can be present 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 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 the alternative obviousness conclusion, Oh et al. discloses two layers (Fig. 3, #22 & #24) disposed sequentially on the surface of a substrate (Fig. 3, #10) that each individually are selected as a multi-layered (Paragraph 0074 – “in which two or more layers are combined”) structure in which these “two or more layers” are selected from materials including silicon nitride (SiN), silicon oxynitride (SiON), and titanium oxide (TiO2) (Paragraph 0074). In the instant case, Oh et al. discloses each element of the claimed anti-reflection coating, with only the difference between the claimed anti-reflection coating and Oh et al. two or more layers is an explicit example of the materials selected of the claimed anti-reflection coating. One of ordinary skill in the art would appreciate that Oh et al. provides material selection guidance for layers 22/24 in that these two or more layers are selected from a finite Markush group selected from materials including silicon nitride (SiN), silicon oxynitride (SiON), and titanium oxide (TiO2) and by explicitly stating that the material of the multi-layered structure and the like can be variously modified (Paragraph 0074 – “the material of the…multi-layered structure, and the like can be variously modified”). One of ordinary skill in the art would thus recognize that the specific ordering of the claimed anti-reflection coating that includes, 1 a generic single layer, 2 a SiNX layer, 3, a layer of SiON, 4 a TiO2 layer, and 5 an additional generic material single layer sequentially deposited on a solar cell substrate are known material selections from a solar cell substrate and one of ordinary skill in the art at the time the invention was filed could have substituted the specific materials required for the claimed anti-reflection layer and the results of the substitution would have been predictable.
Annotated Oh et al. Fig. 3
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Oh et al. teaches that the passivation 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 passivation layer (Figure 3, #22) is selected from silicone 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.). 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.
Oh et al. does not explicitly teach that the silicon nitride layer has the formula SiNX.
Yu et al. teaches a silicon nitride layer used in the same capacity as Oh et al. that has the formula SiNX, and teaches that in addition to passivation by hydrogenation and surface field effect that SiNX also acts as an anti-reflective layer (Paragraph 0034). Accordingly, it would have been obvious to use this specific version of silicon nitride as disclosed by Yu et al. as the silicon nitride material used in Oh et al. silicon nitride layers for the advantage of having a silicon nitride layer that provides an ARC feature, passivation by hydrogenation and a surface field effect.
In view of Claim 12, Oh et al. and Yu et al. are relied upon for the reasons given above in addressing Claim 11. Yu et al. teaches that the single layered coating layer on the substrate can silicon oxide (Figure 3, #22 & Paragraph 0074 – the first passivation layer includes a multi-layered structure in which two or more layers are combined).
In view of Claim 13, Oh et al. and Yu et al. are relied upon for the reasons given above in addressing Claim 11. Oh et al. teaches that the single layered coating layer directly on the single layered high refractive index coating layer that includes TiO2 can include silicon nitride (Figure 3, #24 & Paragraph 0074 – the anti-reflection layer can include TiO2 and a multi-layered structure comprising TiO2 and two or more layers selected from silicon nitride).
Oh et al. does not explicitly teach that the silicon nitride layer has the formula SiNX.
Yu et al. teaches a silicon nitride layer used in the same capacity as Oh et al. that has the formula SiNX, and teaches that in addition to passivation by hydrogenation and surface field effect that SiNX also acts as an anti-reflective layer (Paragraph 0034). Accordingly, it would have been obvious to use this specific version of silicon nitride as disclosed by Yu et al. as the silicon nitride material used in Oh et al. silicon nitride layers for the advantage of having a silicon nitride layer that provides an ARC feature, passivation by hydrogenation and a surface field effect.
In view of Claim 14, Oh et al. and Yu et al. are relied upon for the reasons given above in addressing Claim 11. Oh et al. teaches that the single layered coating layer directly on the single layered high refractive index coating layer that includes TiO2 can include SiON (Figure 3, #24 & Paragraph 0074 – the anti-reflection layer can include TiO2 and a multi-layered structure comprising TiO2 and two or more layers selected from silicon oxynitride).
In view of Claim 15, Oh et al. and Yu et al. are relied upon for the reasons given above in addressing Claim 13. Oh et al. teaches a coating layer that can be selected from SiON directly on the single layered coating layer that includes silicon nitride that is directly on the 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 selected from silicon oxynitride and silicon nitride). Yu et al. was relied upon to disclose why the silicon nitride layer of Oh et al. would be of the formula SiNx.
Claims 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over Oh et al. (US 2020/0075788 A1) in view of Yu et al. (US 2010/0258168 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 (Figure 3, #22 & Paragraph 0074 – the first passivation layer includes a multi-layered structure in which two or more layers are combined);
a single layered coating layer on the substrate that includes SiNx directly on the coating layer directly on the substrate (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 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).
Oh et al. does not explicitly teach that the silicon nitride layer has the formula SiNX.
Yu et al. teaches a silicon nitride layer used in the same capacity as Oh et al. that has the formula SiNX, and teaches that in addition to passivation by hydrogenation and surface field effect that SiNX also acts as an anti-reflective layer (Paragraph 0034). Accordingly, it would have been obvious to use this specific version of silicon nitride as disclosed by Yu et al. as the silicon nitride material used in Oh et al. silicon nitride layers for the advantage of having a silicon nitride layer that provides an ARC feature, passivation by hydrogenation and a surface field effect.
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 oxide, 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 oxide, 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; a coating layer that includes SiNX directly on the coating layer directly on the substrate; 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., Yu 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 directly on the substrate can be selected as silicon oxide (Figure 3, #22 & Paragraph 0074 – the first passivation layer includes a multi-layered structure in which two or more layers are combined.
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 oxide, 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 oxide, 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 substrate includes SiO2” 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., Yu 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 directly on the single layered high refractive index coating layer that includes TiO2 can include SiNX (Figure 3, #24 & Paragraph 0074 – the anti-reflection layer can include TiO2 and a multi-layered structure comprising TiO2 and two or more layers selected from silicon nitride).
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 oxide, 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 oxide, 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 4, Oh et al., Yu 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 directly on the single layered high refractive index coating layer that includes TiO2 can include SiON (Figure 3, #24 & Paragraph 0074 – the anti-reflection layer can include TiO2 and a multi-layered structure comprising TiO2 and two or more layers selected from silicon oxynitride).
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 co