DETAILED ACTION
Email Communication
Applicant is encouraged to authorize the Examiner to communicate via email by filing form PTO/SB/439 either via USPS, Central Fax, or EFS-Web. See MPEP 502.01, 502, 502.03.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/20/2025 has been entered.
Response to Amendment
Applicant’s amendment of 01/20/2026 does not place the Application in condition for allowance.
Claims 1-37 are currently pending. In response to Office Action mailed on 10/01/2025, Applicant has amended claim 1. Claims 13-36 are withdrawn from consideration as being part of non-elected invention.
Status of the Rejections
Due to Applicant’s amendment of claim 1, all rejections from the Office Action mailed on 10/01/2025 are withdrawn. However, upon further consideration, a new ground of rejection is presented below.
Specification
The amendment filed on 01/20/2026 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows:
Instant claim 1 as amended recites that “an upper on-third region of the backside electrode layer in a thickness direction of the backside electrode layer contains Mo”, which is not supported by the original disclosure as filed. Although instant application discloses that the backside electrode layer contains Mo ([0009]), it does not disclose that the Mo in a thickness direction of the backside electrode layer constitutes an upper on-third region of the backside electrode layer.
Applicant is required to cancel the new matter in the reply to this Office Action.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-12 and 37 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Instant claim 1 as amended recites that “an upper on-third region of the backside electrode layer in a thickness direction of the backside electrode layer contains Mo”, which is not supported by the original disclosure as filed. Although instant application discloses that the backside electrode layer contains Mo ([0009]), it does not disclose that the Mo in a thickness direction of the backside electrode layer constitutes an upper on-third region of the backside electrode layer.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-7 and 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Nishi et al. (JP 2008-282919 A) (cited in IDS dated 01/10/2025) (refer to translation as provided).
Regarding claim 1, Nishi discloses an electrode structure of a solar cell (figures 1-4 and [0001-0026]) comprising:
an electric conductor (metal back surface electrode layer 1C with a solder layer 3 formed thereon) ([0020-0026] and fig. 3) on a substrate side (glass substrate 1A) of a chalcogen solar cell (solar cell module 1 is a CIS type solar cell, figure 4 and [0001], [0011] and [0018]), and
a wiring element (ribbon wire 2, which is an Sn-plated metal/cu conductor [0009]) to be electrically connected with the electric conductor (1C+3) (see figure 3),
the electric conductor (1C+3) is a backside electrode layer (1C+3) formed on a substrate (glass substrate 1A, [0020]) of the chalcogen solar cell (see figure 2), wherein
the wiring element (Sn-plated metal conductor 2, [0003]) includes a wiring member (Cu foil of ribbon wire 2, [0003], [0009] and [0020]) and a bonding layer (Sn solder of ribbon wire 2 that coats the Cu foil, [0003]) disposed between the backside electrode layer (1 or 1C+3) and the wiring member (Cu foil),
the bonding layer (Sn solder of ribbon wire 2 that coats the Cu foil, [0003]) is directly bonded onto the backside electrode layer (1C+3) (see figure 3 that shows layer 3 of backside electrode layer 1C+3 directly contacts the layer 2),
a melting point of the wiring element (2) is equal to or higher than 230°C ("350°- 450°C", see [0014] and [0022]) (also note that wiring element 2 is Sn-plated Cu as disclosed in [0009], Sn has a melting point of 232°C and Cu has a melting point of 1085°C), and
the electric conductor (1C+3) in a region (region consisting of solder 3) corresponding to the wiring element (2) contains a part of a metal element (solder 3 comprises Ag, [0022] and [0025-0026]) of the wiring element (2) (the wiring element 2 is Sn solder coated copper as disclosed in [0003], wherein Sn solder includes Ag, and thus Ag being the common element).
Nishi further discloses the electric conductor (1C+3) comprises a Mo layer (layer 1C that is made of Mo, see fig. 3 and [0022]) and a solder layer (3) (fig. 3), wherein the Mo layer (1C) has a thickness of 100-2000 nm ([0020] and fig. 3). However, Nishi does not explicitly disclose the disclosed thickness constitute an upper on-third region of the backside electrode layer in a thickness direction of the backside electrode layer.
It is noted that selection of element’s dimension is considered to be a matter of design choice, depending upon the dimensions and gradient present in the installation site, among other considerations. In the absence of evidence of criticality, selection of Mo layer thickness as claimed is considered obvious to one having ordinary skill in the art. Also note that in Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device.
Regarding claim 2, Nishi further discloses that the electric conductor (1C+3) is exposed in a position (right side, see fig. 2) that does not overlap a photoelectric conversion layer (CIS layer 1’, fig. 2) of the chalcogen solar cell on a light-receiving surface side (top side) of the chalcogen solar cell, and the wiring element (2) is stacked on the electric conductor (1C+3) exposed on the light-receiving surface side (see figure 2).
Regarding claim 3, Nishi further discloses that a first surface (bottom surface) of the bonding layer (Sn solder of ribbon wire 2 that coats the Cu foil, [0003]) faces a light-receiving surface side (top side) of the backside electrode layer (1C or 1C+3), and a second surface (top surface) of the bonding layer (Sn solder of ribbon wire 2 that coats the Cu foil, [0003]) on an opposite side to the first surface is bonded with the wiring member (2) (Sn solder coats the flat Cu conductor, [0020], and thus bottom surface of Sn solder faces the electrode layer 1C and top surface faces the top side of Cu foil), and
a melting point of the bonding layer (Sn solder of ribbon wire 2 that coats the Cu foil, [0003]) is equal to or higher than 230° C (350°-450°C, [0014] and [0022]), and
the backside electrode layer (1C+3) in a region corresponding to the bonding layer (Sn solder of ribbon wire 2 that coats the Cu foil, [0003]) contains a part of a metal element (solder 3 comprises Ag, [0022] and [0025-0026]) of the bonding layer (Sn solder of ribbon wire 2 that includes Ag, [0003]).
Regarding claim 4, Nishi further discloses that a material (Ag alloy forming solder 3 of electric conductor 1C+3, [0025-0026]) of the backside electrode layer (1C+3) and a material (Ag of Sn-solder, [0003]) of the bonding layer (Sn solder of ribbon wire 2 that coats the Cu foil, [0003]) have an alloy phase in a phase diagram, and
a material (Cu of Sn solder, [0003] of the bonding layer (Sn solder of ribbon wire 2 that coats the Cu foil, [0003]) and a material (copper) of the wiring member (solder 3 coated Cu foil 2, [0025-0026]) have an alloy phase in a phase diagram.
Regarding claim 5, Nishi further discloses that the wiring member (2) contains a part of the metal element (Cu foil, [0025-0025]) of the bonding layer (Sn-solder that includes Cu, [0003]).
Regarding claim 6, Nishi further discloses that a material (Cu, [0003]) of the bonding layer (Sn-solder, [0003]) and a material (Cu, [0025-0026]) of the wiring member (Copper foil) contain an identical metal element (Cu).
Regarding claim 7, Nishi further discloses that the bonding layer contains Sn ([0003]).
Regarding claim 10, Nishi further discloses that the backside electrode layer (1C+3) contains Mo ([0020]), which is a group VIB element.
However, it is not clear whether the applicant is referring to group VIB, group VIA or group 6. Since Mo is a group VIB element, it is interpreted to read on group VI element.
Nishi further discloses that the bonding layer contains Mo (the interface of bonding layer would comprise Mo from the backside electrode layer, and thus, is interpreted to have Mo at the interface).
Therefore, Nishi discloses that a peak of a concentration distribution of the group VI element is shifted from an interface between the backside electrode layer and the bonding layer in a stacked direction of the backside electrode layer and the bonding layer (Mo is present only at the interface of bonding layer, and thus there is no Mo at non-interface region of the bonding layer, and accordingly, there is a shift in concentration of Mo).
Regarding claim 11, Nishi further discloses that the peak of the concentration distribution of the group VI element is present in the bonding layer in the stacked direction of the backside electrode layer and the bonding layer (Mo is present only at the interface of bonding layer, and thus there is no Mo at non-interface region of the bonding layer, and accordingly, Mo concentration distribution present in bonding layer).
Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Nishi as applied above, and further in view of Fukushima et al. (KR 10-2009-0098871).
Regarding claim 8, Nishi further discloses that the bonding layer contains Al and Ag ([0003]).
Nishi further discloses that the wiring member (metal conductor), for example contains Cu ([0010]). Although Nishi discloses the wiring member contains, for example, Cu, Nishi does not disclose that wiring member contains Ag.
Fukushima is directed to electrode structure (connecting conductor) for solar cell wherein wiring member or metal conductor is made of Cu or Ag foil (page 6 of translation). Thus, Fukushima explicitly discloses that the Cu foil and Ag foil can be substituted one for the other to form the metal foil of a solar cell.
The Supreme Court in KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007) identified that “simple substitution of one known element for another to obtain predictable results” is obvious (See MPEP §2143).
Therefore, it would have been obvious to one skilled in the art at the time of the invention to have used the Ag foil as taught by Fukushima to form the metal foil of Nishi because “simple substitution of one known element for another to obtain predictable results” is obvious (See MPEP §2143).
Regarding claim 9, Nishi further discloses that the wiring member (metal conductor), for example contains Cu ([0010]). Although Nishi discloses the wiring member contains, for example, Cu, Nishi does not disclose that wiring member contains Ti.
Fukushima is directed to electrode structure (connecting conductor) for solar cell wherein wiring member or metal conductor is made of Cu or Ti foil (page 6 of translation). Thus, Fukushima explicitly discloses that the Cu foil and Ti foil can be substituted one for the other to form the metal foil of a solar cell.
The Supreme Court in KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007) identified that “simple substitution of one known element for another to obtain predictable results” is obvious (See MPEP §2143).
Therefore, it would have been obvious to one skilled in the art at the time of the invention to have used the Ti foil as taught by Fukushima to form the metal foil of Nishi because “simple substitution of one known element for another to obtain predictable results” is obvious (See MPEP §2143).
Allowable Subject Matter
Claims 12 and 37 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), 1st paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Regarding claim 12, Nishi does not disclose that the number of atoms of the group VI element contained in the bonding layer is larger than the number of atoms of the group VI element contained in the backside electrode layer, in the region corresponding to the bonding layer.
Regarding claim 37, Nishi does not disclose that the backside electrode layer consists of Mo, as well as Al and Se are diffused into the Mo, and the bonding layer consists of Ag and Al as well as Se diffused into the Ag and Al.
Response to Arguments
Applicant's arguments with respect to claims 1-12 have been considered but are moot in view of the new ground(s) of rejection as necessitated by the amendments.
Applicant argues that Nishi does not disclose the direct contact between bonding layer and the backside electrode layer.
The Examiner respectfully disagrees. Nishi discloses the bonding layer (Sn solder of ribbon wire 2 that coats the Cu foil, [0003]) is directly bonded onto the backside electrode layer (1C+3) (see figure 3 that shows layer 3 of backside electrode layer 1C+3 directly contacts the layer 2).
Correspondence/Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GOLAM MOWLA whose telephone number is (571)270-5268. The examiner can normally be reached on M-Th, 7am - 4pm.
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/GOLAM MOWLA/Primary Examiner, Art Unit 1721