DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
Claims 1-8, and 10-17 as set forth in applicant’s response dated 10 November 2025 are presently under consideration. Claim 9 remains cancelled.
Applicant’s amendments to the claims filed with applicant’s response dated 10 November 2025 have overcome the prior are rejections of record, and these rejections are thus withdrawn from further consideration.
Upon further search and consideration of applicant’s newly amended claims new prior art was uncovered, and a new grounds of rejection is set forth below.
Applicant’s arguments where applicable are also addressed below.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-8, 10-12, 14 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Takahama et al (US 2012/0037227), and further in view of Terakawa et al (US 2005/0062041) and in further view of LEE et al (US 2018/0138334) and in further view of Niira et al (US 2005/0012095).
Regarding claim 1 Takahama discloses a solar cell, comprising:
a silicon substrate having a first polarity or a second polarity ([0030], Fig. 9 see: n-type crystalline silicon substrate 10n), wherein the silicon substrate comprises a first side and a second side opposite to each other (Fig. 9); the first polarity is used for transporting one of electrons and holes (p-type hole transport), and the second polarity is used for transporting the other one of electrons and holes (n-type electron transport);
a first passivation structure on the first side of the silicon substrate, wherein a portion of the first passivation structure farthest from the silicon substrate has the first polarity ([0032], Fig. 9 see: i-type amorphous semiconductor layer 11i, and p-type amorphous semiconductor layer 11p); and a position where the first passivation structure is located is a first electrode region (Fig. 9 see: areas where p-side electrodes 20p are located form the first electrode region);
a second passivation structure on a side of the first passivation structure away from the silicon substrate and in at least a second electrode region, wherein a portion of the second passivation structure farthest from the silicon substrate has the second polarity ([0035], Fig. 9 see: i-type amorphous semiconductor layer 12i and n-type amorphous semiconductor layer 12n with n-side electrodes 20n are located form the second electrode region);
a first electrode in the first electrode region on a side of the second passivation structure away from the silicon substrate (Fig. 9 see: p-side electrodes 20p), and a second electrode in the second electrode region on a side of the second passivation structure away from the silicon substrate (Fig. 9 see: n-side electrodes 20n), and
wherein the second passivation structure covers the first side of the silicon substrate, the second passivation structure covers and directly contacts the first passivation structure in the first electrode region and the silicon substrate in the second electrode region ([0032]-[0035], [0052]-[0055], Figs. 8-9 see: i-type amorphous semiconductor layer 12i and n-type amorphous semiconductor layer 12n cover part of the back surface of substrate 10n and directly contacts layer 11p in the regions of p-side electrodes 20p and directly contacts substrate 10n in regions of n-side electrodes 20n); wherein the second passivation structure comprises a dielectric passivation sublayer (i-type amorphous semiconductor layer 12i) and a second passivation sublayer on a side of the dielectric passivation sublayer away from the silicon substrate (n-type amorphous semiconductor layer 12n), and the dielectric passivation sublayer in the first electrode region is not in contact with the dielectric passivation sublayer in the second electrode region (Fig. 9 see: i-type amorphous semiconductor layers 12i in different electrode regions are not in contact).
Although Takahama discloses the second passivation structure has a first thickness with respect to the first passivation structure and a second thickness with respect to the silicon substrate, Takahama does not explicitly disclose wherein the first thickness is less than the second thickness. Takahama does not explicitly disclose where the second passivation structure completely covers the first side of the silicon substrate.
However, Terakawa teaches such a solar cell having a second passivation structure having a first thickness with respect to a first passivation structure and a second thickness with respect to a silicon substrate, wherein the first thickness is less than the second thickness (Terakawa, [0105]-[0108] Fig. 4 see: i-type a-Si-layer 4 and n-type a-Si layer 6 having a first thickness on a back side of i-type a-Si-layer 5 and p-type a-Si layer 7 less than a thickness of i-type a-Si-layer 4 and n-type a-Si layer 6 directly on the back surface of substrate 1). Terakawa further teaches the thickness of such an n-type amorphous silicon film can be thin enough such that a p-n junction between the p-type amorphous silicon film 7 and the n-type amorphous silicon film 6 exerts little influence on the power generation efficiency (Terakawa, [0158]).
Terakawa and Takahama are combinable as they are both concerned with the field of silicon solar cells with back contacts.
It would have been obvious to one having ordinary skill in the art at the time of the invention to modify the solar cell of Takahama in view of Terakawa such that the second passivation structure of Takahama has a first thickness with respect to the first passivation structure and a second thickness with respect to the silicon substrate, wherein the first thickness is less than the second thickness as Terakawa teaches forming the thickness of such a doped semiconductor layer thin lowers the influence on the power generation efficiency of the solar cell (Terakawa, [0158]) and thus the modification would have amounted to the use of a known passivation structure design for its intended use in the known environment of a back contact solar cell to accomplish the entirely expected result of producing a rear passivation of the solar cell where a thinner portion of the second passivation on the first passivation portion would naturally allow for a reduced negative influence on the power generation efficiency (Terakawa, [0158]).
Furthermore, Terakawa further teaches passivating the entire back surface of a silicon substrate by providing a further passivation material between first and second electrode regions (Terakawa, [0029], [0129], Fig. 8 see: protective layer 12 covering exposed portion between the first and second regions to prevent recombination of carriers and enhance power generation efficiency).
As such it would have been obvious to one having ordinary skill in the art at the time of the invention to modify the solar cell of Takahama in view of Terakawa such that the second passivation structure of Takahama further includes a protective passivating material as in Terakawa (Terakawa, [0029], [0129], Fig. 8 see: protective layer 12 covering exposed portion between the first and second regions) to completely cover the first side of the silicon substrate of Takahama to prevent recombination of carriers and enhance power generation efficiency as in Terakawa (para [0029]).
Further regarding the claim 1 limitation “the second passivation structure allows carriers to transport between the first electrode corresponding to the first passivation structure and the silicon substrate in a tunneling manner” Takahama teaches the thickness of the i-type amorphous semiconductor layer 12i of the second passivation structure is several angstroms to 250 angstroms (para [0034]) and LEE further teaches such i-type amorphous silicon layers form tunnel layers and have a thickness of 10 nm or less to ensure smooth tunneling (LEE, Fig. 1, [0044], [0046]-[0048]) and .
LEE and modified Takahama are combinable as they are both concerned with the field of silicon solar cells with amorphous silicon contacts.
It would have been obvious to one having ordinary skill in the art at the time of the invention to modify the solar cell of Takahama in view of LEE such that the i-type amorphous semiconductor layer 12i of the second passivation structure of Takahama has a thickness of 10 nm or less as taught by LEE (LEE, Fig. 1, [0044], [0046]-[0048]) to ensure smooth tunneling (LEE, Fig. 1, [0044], [0047]).
Furthermore, Niira teaches when oppositely doped semiconductor layers are provided between semiconductor layers of one conductivity type and their electrode contact, the oppositely doped semiconductor layer preferably has a thickness of not more than 5 nm to allow the tunneling probability of carriers leading to the electrode from the semiconductor of the one conductivity type through the semiconductor of the opposite conductivity type to be improved and allows the ohmic characteristics between the semiconductor and the electrode to be further improved (Niira, [0041]-[0042], Fig. 1).
Niira and modified Takahama are combinable as they are both concerned with the field of silicon solar cells.
As such it would have been obvious to one having ordinary skill in the art at the time of the invention to modify the solar cell of Takahama in view of Niira such that the n-type amorphous semiconductor layer 12n of Takahama positioned between the layer 11p and p-side electrode 20p to have a thickness of not more than 5 nm as in Niira as Niira teaches this allow the tunneling probability of carriers leading to the electrode (20p) from the semiconductor of the one conductivity type (11p) through the semiconductor of the opposite conductivity type (12n) to be improved and allows the ohmic characteristics between the semiconductor and the electrode to be further improved (Niira, [0041]-[0042], Fig. 1).
As such, by the modifications of Niira and Lee, the solar cell of modified Takahama is considered fully capable of functionality where the second passivation structure allows carriers to transport between the first electrode corresponding to the first passivation structure and the silicon substrate in a tunneling manner.
Regarding claim 2 modified Takahama discloses the solar cell according to claim 1, wherein the silicon substrate has the first polarity (Takahama, [0059], Fig. 9 see: although n-type crystalline silicon substrate 10n has the second (n-type) polarity, but the substrate of the solar cell 100 is not limited to this, the substrate of the solar cell 100 may have p-type conductivity (first polarity)).
Regarding claim 3 modified Takahama discloses the solar cell according to claim 1, wherein the first passivation structure comprises:
a tunneling passivation sublayer ([0031], Fig. 9 see: i-type amorphous semiconductor layer 11i formed to a thickness of a few angstroms or tens of angstroms and thus acting as a tunneling layer); and
a first passivation sublayer on a side of the tunneling passivation sublayer away from the silicon substrate, wherein the first passivation sublayer has the first polarity ([0032] Fig. 9 see: p-type amorphous semiconductor layer 11p).
Regarding claim 4 modified Takahama discloses the solar cell according to claim 3, wherein
the tunneling passivation sublayer is made of a material comprising at least one of silicon oxide, aluminum oxide, silicon oxynitride or silicon carbide (Takahama, [0038], Fig. 9 see: i-type amorphous semiconductor layer 11i can be formed of amorphous silicon carbide); and
the first passivation sublayer is made of a material comprising at least one of doped polysilicon or doped silicon carbide (Takahama, [0038], Fig. 9 see: p-type amorphous semiconductor layer 11p can be formed of amorphous silicon carbide).
Regarding claim 5 modified Takahama discloses the solar cell according to claim 3, and regarding the claim 5 recitation “wherein the tunneling passivation sublayer has a thickness ranging from 1nm to 3nm” Takahama discloses the thickness of the i-type amorphous semiconductor layer 11i of the second passivation structure is several angstroms to 250 angstroms (para [0031]) which entirely encompasses the claimed range. It is well settled that where the prior art describes the components of a claimed compound or compositions in concentrations within or overlapping the claimed concentrations a prima facie case of obviousness is established. See In re Harris, 409 F.3d 1339, 1343, 74 USPQ2d 1951, 1953 (Fed. Cir 2005); In re Peterson, 315 F.3d 1325, 1329, 65 USPQ 2d 1379, 1382 (Fed. Cir. 1997); In re Woodruff, 919 F.2d 1575, 1578 16 USPQ2d 1934, 1936-37 (CCPA 1990); In re Malagari, 499 F.2d 1297, 1303, 182 USPQ 549, 553 (CCPA 1974).
Takahama discloses the first passivation sublayer has a thickness ranging from 10nm to 200nm (Takahama, [0032], Fig. 9 see: p-type amorphous semiconductor layer 11p having a thickness of about 10 nm).
Regarding claim 6 modified Takahama discloses the solar cell according to claim 1, wherein the second passivation sublayer has the second polarity (Takahama, [0029], Fig. 9 see: n-type amorphous semiconductor layer 12n).
Regarding claim 7 modified Takahama discloses the solar cell according to claim 6,
wherein the dielectric passivation sublayer is made of a material comprising at least one of polysilicon, amorphous silicon or silicon oxide (Takahama, [0038], Fig. 9 see: i-type amorphous silicon layer 12i); and
the second passivation sublayer is made of a material comprising at least one of doped polysilicon, doped amorphous silicon or doped silicon carbide (Takahama, [0038], Fig. 9 see: n-type amorphous silicon or silicon carbide layer 12n).
Regarding claim 8 modified Takahama discloses the solar cell according to claim 6,
and regarding the claim 8 recitation “wherein the dielectric passivation sublayer has a thickness ranging from 1nm to 15nm” Takahama discloses the thickness of the i-type amorphous semiconductor layer 12i of the second passivation structure is several angstroms to 250 angstroms (para [0034]) which entirely encompasses the claimed range. It is well settled that where the prior art describes the components of a claimed compound or compositions in concentrations within or overlapping the claimed concentrations a prima facie case of obviousness is established. See In re Harris, 409 F.3d 1339, 1343, 74 USPQ2d 1951, 1953 (Fed. Cir 2005); In re Peterson, 315 F.3d 1325, 1329, 65 USPQ 2d 1379, 1382 (Fed. Cir. 1997); In re Woodruff, 919 F.2d 1575, 1578 16 USPQ2d 1934, 1936-37 (CCPA 1990); In re Malagari, 499 F.2d 1297, 1303, 182 USPQ 549, 553 (CCPA 1974).
Takahama discloses the second passivation sublayer has a thickness ranging from 1nm to 20nm (Takahama, [0041] Fig. 9 see: n-type amorphous semiconductor layer 12n having a thickness of about several 10 nm (about 20 nm)).
Regarding claim 10 modified Takahama discloses the solar cell according to claim 1, wherein the second passivation structure has a thickness ranging from 10nm to 200nm (Takahama, [0034], [0041] Fig. 9 see: i-type amorphous semiconductor layer 12i is several angstroms to 250 angstroms and n-type amorphous semiconductor layer 12n having a thickness of about several 10 nm thus giving the second passivation structure a thickness of about 20 nm to about 45 nm).
Regarding claim 11 modified Takahama discloses the solar cell according to claim 1, wherein the first electrode is a base electrode; and the second electrode is an emitter electrode (Takahama, [0059], Fig. 9 see: although n-type crystalline silicon substrate 10n has the second (n-type) polarity, but the substrate of the solar cell 100 is not limited to this, the substrate of the solar cell 100 may have p-type conductivity (first polarity) thus making the p-side electrodes 20p base electrodes and the n-side electrodes 20n emitter electrodes).
Regarding claim 12 modified Takahama discloses the solar cell according to claim 1, wherein the first electrode region comprises a plurality of strip-shaped regions spaced apart ([0052]-[0055], Figs. 8-9 see: n-side electrodes 20n and p-side electrodes 20p show the first and second electrode regions are formed in strip shapes), the second electrode region comprises a plurality of strip-shaped regions spaced apart, and the strip-shaped regions in the first electrode region and the strip-shaped regions in the second electrode region are alternately distributed (see Figs. 8-9).
Regarding claim 14 modified Takahama discloses a method for preparing a solar cell, wherein the solar cell is a solar cell according to claim 1, and the method comprises:
forming a first passivation structure in a first electrode region on a first side of the silicon substrate through a patterning process (Takahama, [0052]-[0055], Figs. 3-5 see: forming layers 11i and 11p and resist film 30 and then patterning/etching and removing resist film 30);
forming a second passivation structure at least in a second electrode region on the first side of the silicon substrate (Takahama, [0052]-[0055], Figs. 3-5 see: forming layers 12i, 12p in exposed regions); and
forming a first electrode in a first electrode region and a second electrode in a second electrode region on the first side of the silicon substrate through a patterning process (Takahama, [0052]-[0055], Figs. 3-5 , 7 see: p-side electrodes 20p and the n-side electrodes 20n are formed in a predetermined pattern on the n-type amorphous semiconductor layer 12n).
Regarding claim 16 modified Takahama discloses the solar cell method according to claim 1, wherein the first electrode does not exceed the first electrode region, and the second electrode does not exceed the second electrode region (Takahama see Figs. 8 and 9).
Regarding claim 17 modified Takahama discloses the solar cell method according to claim 1, wherein the second passivation structure is an electron transport layer or a hole transport layer (see: n-type amorphous semiconductor layer 12n transports electrons), and the second passivation structure has a polarity opposite to the silicon substrate (Takahama, [0059], Fig. 1 see: although n-type crystalline silicon substrate 10n has the second (n-type) polarity, but the substrate of the solar cell 100 is not limited to this, the substrate of the solar cell 100 may have p-type conductivity (first polarity) thus making the n-type amorphous semiconductor layer 12n opposite in polarity to the substrate).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Takahama et al (US 2012/0037227) in view of Terakawa et al (US 2005/0062041) in view of LEE et al (US 2018/0138334) in view of Niira et al (US 2005/0012095) as applied to claims 1-8, 10-12, 14 and 16-17 above, as further evidenced by LIN (CN 115207137A, reference made to US 2024/0097060 as equivalent English machine translation).
Regarding claim 13 modified Takahama discloses the solar cell according to claim 1, and regarding the claim 13 recitations “wherein the first passivation structure has a process temperature ranging from 300 °C to 650 °C; and the second passivation structure has a process temperature ranging from 150 °C to 200 °C” LEE teaches in a first passivation structure, the tunnel layer instead of an intrinsic amorphous semiconductor can be a silicon oxide layer which is excellent in passivation properties and can be formed by a thermal oxidation (LEE, Fig. 1, [0044]) and as such, it would have been obvious to one having ordinary skill in the art at the time of the invention to modify the solar cell of Takahama such that the intrinsic amorphous semiconductor of the first passivation structure is a silicon oxide layer formed by a thermal oxidation as in LEE (LEE, Fig. 1, [0044]) as LEE teaches such a layer can be formed instead of an intrinsic amorphous semiconductor to provide excellent passivation properties.
Takahama further teaches that the second passivation structure is formed of i-type amorphous semiconductor (silicon) layer 12i and n-type amorphous semiconductor (silicon) layer 12n (Takahama, para [0038]) and LIN at para [0140] teaches such silicon oxide tunneling oxide layers formed by thermal oxidation can be formed by oxidizing the silicon substrate 00 at 600°C and doped amorphous silicon layers are formed by known low-temperature (lower than 200°C) processes at paras [0007], [0013], the silicon oxide layer of the first passivation layer of modified Takahama meets the structural limitations of a process temperature ranging from 300 °C to 650 °C and the amorphous silicon layers of the second passivation structure of Takahama meets the structural limitations of a process temperature ranging from 150 °C to 200 °C”.
The claim 13 recitations “wherein the first passivation structure has a process temperature ranging from 300°C to 650°C” and “the second passivation structure has a process temperature ranging from 150°C to 200°C” are directed to a method of manufacturing the recited solar cell. The examiner notes that the determination of patentability is determined by the recited structure of the apparatus and not by a method of making said structure. A claim containing a recitation with respect to the manner in which a claimed apparatus is made does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim. See MPEP 2113 and 2114.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Takahama et al (US 2012/0037227) in view of Terakawa et al (US 2005/0062041) in view of LEE et al (US 2018/0138334) in view of Niira et al (US 2005/0012095) as applied to claims 1-8, 10-12, 14 and 16-17 above, and further in view of Swanson et al (US 2016/0071996).
Regarding claim 15 modified Takahama discloses the method according to claim 14,
wherein the silicon substrate has the first polarity (Takahama, [0059], Fig. 9 see: although n-type crystalline silicon substrate 10n has the second (n-type) polarity, but the substrate of the solar cell 100 is not limited to this, the substrate of the solar cell 100 may have p-type conductivity (first polarity); and
forming the second passivation structure at least in the second electrode region on the first side of the silicon substrate comprises:
depositing the second passivation structure to completely cover the first side of the silicon substrate (Takahama, Figs. 5-6 see: forming layers 12i, 12p completely covering the substrate).
Takahama does not explicitly disclose where the second passivation structure completely covers a second side of the silicon substrate.
Swanson discloses a method of manufacturing a solar cell where a second passivation structure completely covers a second side of a silicon substrate (Swanson, [0037], [0043] Figs. 4F and 4I see: second wide bandgap doped semiconductor layer 462 formed in the same process as 460 on the front surface of substrate 402 with oxide layer 414).
Swanson and modified Takahama are combinable as they are both concerned with the field of silicon solar cells with back contacts.
It would have been obvious to one having ordinary skill in the art at the time of the invention to modify the solar cell and method of Takahama in view of Swanson such that the second passivation structure of Takahama completely covers a second side of the silicon substrate of Takahama as taught by Swanson (Swanson, [0037], [0043] Figs. 4F and 4I see: second wide bandgap doped semiconductor layer 462 formed in the same process as 460 on the front surface of substrate 402 with oxide layer 414) for the express purpose of providing passivation at the front surface of said substrate.
Response to Arguments
Applicant’s arguments with respect to claims 1-8, and 10-17 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW J GOLDEN whose telephone number is (571)270-7935. The examiner can normally be reached 11am-8pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey Barton can be reached at 571-272-1307. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ANDREW J. GOLDEN
Primary Examiner
Art Unit 1726
/ANDREW J GOLDEN/Primary Examiner, Art Unit 1726
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