DETAILED ACTION
Email Communication
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Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
Applicant’s amendment of 04/29/2026 does not place the Application in condition for allowance.
Claims 1-37 are currently pending. In response to Office Action mailed on 02/10/2026, 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 Claims 13-36 are withdrawn from consideration as being part of non-elected invention.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Due to Applicant’s amendment of claim 1, all rejections from the Office Action mailed on 10/01/2025 are withdrawn.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.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-12 and 37 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Instant claim 1 as amended recites that “the electric conductor is a backside electrode layer … the backside electrode layer consists of Mo”, which implies that the backside electrode layer is made only of Mo, and other elements are excluded in forming the backside electrode layer (MPEP §2111.03 (II)).
However, instant claim also requires that “the electric conductor in a region corresponding to the wiring element contains a part of a metal element of the wiring element”, which implies that the backside electrode layer also contains other elements. Thus, it is not clear whether the backside electrode to be made only of Mo, or in can include other elements.
Claim 10 requires that the backside electrode layer contains a chalcogen element, which also renders the claim indefinite. Claim 10 depends from claim 1, which excluded the backside electrode layer to comprise or contain other elements.
Claim 37 requires that the backside electrode layer contains Al and Se, which also renders the claim indefinite. Claim 37 depends from claim 1, which excluded the backside electrode layer to comprise or contain other elements.
Claim Rejections - 35 USC § 102
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 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by 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 (fig. 7) comprising:
an electric conductor (metal back surface electrode layer 1C) ([0020-0026] and fig. 7) on a substrate side (glass substrate 1A) of a chalcogen solar cell (solar cell module 1 is a CIS type solar cell, figure 7 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) is a backside electrode layer (1C) formed on a substrate (glass substrate 1A, [0020]) of the chalcogen solar cell (see figure 7),
the backside electrode layer (1C) consists of Mo (see fig. 7).
the wiring element (2) includes a wiring member (2A)) and a bonding layer (2B) disposed between the backside electrode layer (1C) and the wiring member (2A) (see fig. 7),
the bonding layer (2B) is directly bonded onto the backside electrode layer (1C) (see figure 7),
a melting point of the wiring element (2) is equal to or higher than 230°C (wiring element 2 is Sn-plated Cu as disclosed in [0003], Sn has a melting point of 232°C and Cu has a melting point of 1085°C), and
the electric conductor (1C) in a region corresponding to the wiring element (2) contains a part of a metal element (elements of solder 2B, [0003] and fig. 7) of the wiring element (2) (the elements of solder diffuse during the soldering step, [0003]).
Regarding claim 2, Nishi further discloses that the electric conductor (1C) is exposed in a position (right side, see fig. 7) 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) exposed on the light-receiving surface side (see figure 7).
Regarding claim 3, Nishi further discloses that a first surface (bottom surface) of the bonding layer (2B) faces a light-receiving surface side (top side) of the backside electrode layer (1C), and a second surface (top surface) of the bonding layer (2B) on an opposite side to the first surface is bonded with the wiring member (2) (see fig. 7), and
a melting point of the bonding layer (Sn solder 2B 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) in a region corresponding to the bonding layer (2B) contains a part of a metal element of the bonding layer (2B) (the elements of solder diffuse during the soldering step, [0003]).
Regarding claim 4, Nishi further discloses that a material (Mo) of the backside electrode layer (1C) and a material (Ag of Sn-solder, [0003]) of the bonding layer (2B) have an alloy phase in a phase diagram, and
a material (Cu of Sn solder, [0003]) of the bonding layer (2B) and a material (copper) of the wiring member (2A) ([0025-0026]) have an alloy phase in a phase diagram.
Regarding claim 5, Nishi further discloses that the wiring member (2A) contains a part of the metal element (Cu, [0025-0025]) of the bonding layer (2B) (Sn-solder that includes Cu, [0003]).
Regarding claim 6, Nishi further discloses that a material (Cu, [0003]) of the bonding layer (2B) and a material (Cu, [0025-0026]) of the wiring member (2A) contain an identical metal element (Cu).
Regarding claim 7, Nishi further discloses that the bonding layer (2B) contains Sn ([0003]).
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 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).
Response to Arguments
Applicant's arguments with respect to claims 1-12 and 37 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 that the backside electrode layer consists of Mo.
The Examiner respectfully disagrees. Nishi in an alternative embodiment (fig. 7) discloses the backside electrode layer (1C) consists of Mo.
Conclusion
Claims 10-12 and 37 cannot be rejected by a prior art reference because the claim language is not clear (see 112 rejections above). Each of the claims requires the backside electrode layer consists of Mo that excludes other elements.
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 extension fee 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 date of this final action.
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
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