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
This action is in response to Applicant’s Request for Reconsideration dated 05/14/2026.
Claim(s) 1, 2, 4, 7-11 and 14-17 are currently pending.
Claim(s) 1, 8-9, 11 and 14-17 have been amended.
Claim(s) 3, 5, 6 and 12-13 have been canceled.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 05/14/2026 has been entered.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1, 2 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20180145196 A1, Ha et al. (hereinafter “Ha”) in view of KR 20130079759 A, Ryu et al. (hereinafter “Ryu”) and KR 101867969 B1, Lee et al. (hereinafter “Lee”).
Regarding claim 1
Ha teaches a solar cell (100) [Fig. 1 and para. 0021] comprising:
a semiconductor substrate (110) [Fig. 1 and para. 0021];
a first semiconductor layer (corresponding to first passivation layer 52 comprising i-a-si) provided on one surface of the semiconductor substrate (110) [Fig. 1, paras. 0021 and 0034];
a second semiconductor layer (corresponding to first conductive area 20) provided on one surface of the first semiconductor layer (52) [Fig. 1, paras. 0036 and 0040-0042];
a first transparent conductive layer (corresponding to transparent electrode layer 421) provided on one surface of the second semiconductor layer (20) [Fig. 1, para. 0054];
a first electrode (corresponding to first metal electrode layer 422) provided on one surface of the first transparent conductive layer (421) [Fig. 1 and para. 0054], wherein the second semiconductor layer (20) comprises a p-type semiconductor material [paras. 0040-0042], and the first transparent conductive layer (421) comprises tungsten oxide including indium (indium tungsten oxide, IWO) [para. 0057];
further comprising:
a fourth semiconductor layer (corresponding to second passivation layer 54 comprising i-a-si) provided on the other surface of the semiconductor substrate (110) [Ha, Fig. 1, paras. 0021 and 0034];
a fifth semiconductor layer (corresponding to second conductive area 30) provided on a surface of the fourth semiconductor layer (54) [Fig. 1, paras. 0021 and 0049];
a second transparent conductive layer (corresponding to second transparent electrode layer 441) provided on a surface of the fifth semiconductor layer (30) [Fig. 1 and para. 0063]; and
a second electrode (corresponding to second metal electrode layer 442) provided on a surface of the second transparent conductive layer (441) [Fig. 1 and para. 0063],
wherein the fifth semiconductor layer comprises an n-type semiconductor material including tin (Sn) [paras. 0042 and 0049], and the second transparent conductive layer comprises tin oxide including indium (indium tin oxide, ITO) [paras. 0057 and 0063].
wherein the fourth semiconductor layer (54) is formed of an intrinsic amorphous silicon layer (i-a-si) [paras. 0021 and 0034].
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Ha, Fig. 1
Ha does not teach a third semiconductor layer provided on one surface of the second semiconductor layer comprises a p-type semiconductor material including tungsten (W).
Ryu teaches a solar cell wherein a WO3 semiconductor layer (130) is formed on a surface of a p-type amorphous silicon semiconductor layer (141) in order to reduce the recombination at the interface between said p-type amorphous silicon semiconductor layer (141) and a transparent conductive layer (120), thereby increasing the efficiency of the cell [Fig. 3 and Pages 3-4].
Ha and Ryu are analogous inventions in the field of solar cells.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the solar cell of Ha to comprise a third semiconductor layer provided on one surface of the second semiconductor layer comprises a p-type semiconductor material including tungsten (W), as in Ryu, in order to reduce the recombination at the interface between the second semiconductor layer and the first transparent conductive layer, thereby increasing the efficiency of the cell.
Modified Ha does not teach an n-type amorphous silicon layer provided between the fourth semiconductor layer (54) and the fifth semiconductor layer (30).
Lee teaches a solar cell wherein an n-type amorphous silicon layer (140B) is provided between an n-type metal oxide film (140A) and an intrinsic amorphous silicon layer (120) [Fig. 1, paras. 0051, 0087, 0094, 0096-0099 and 0102].
By providing a further n-type layer (140B) on the n-type metal oxide semiconductor layer (140A), the Fermi levels of the semiconductor substrate and the n-type metal oxide semiconductor (140A) are aligned and bonded such that they can have the same value, and electrons in the conduction band within the semiconductor substrate can easily move to the conduction band of the upper film (140A) by passing through the front passivation film (120) [para. 0106].
Modified Ha and Lee are analogous inventions in the field of solar cells.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the solar cell of modified Ha to comprise an n-type amorphous silicon layer provided between the fourth semiconductor layer and the fifth semiconductor layer, as in Lee, in order to align the Fermi levels of the semiconductor substrate and the fifth semiconductor layer so that electrodes in the conduction band within the semiconductor substrate can easily move to the conduction band of the upper film by passing through the fourth semiconductor layer.
Regarding the limitation “a bandgap of the fifth semiconductor layer is greater than a bandgap of the n-type amorphous silicon layer, and a conduction band minimum energy level of the fifth semiconductor layer is higher than a conduction band minimum energy level of the n-type amorphous silicon layer”, because the structure of the prior art is the same as the one claimed, the claimed properties or functions are presumed to be inherent.
It has been held that when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent (see MPEP § 2112.01). “When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not.” In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990).
The court has held that products of identical chemical composition cannot have mutually exclusive properties. A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990)
Regarding claim 2
Modified Ha teaches the solar cell as set forth above, wherein a bandgap of the third semiconductor layer is less than a bandgap of the second semiconductor layer, and a valence band maximum energy level of the third semiconductor layer is lower than a valence band maximum energy level of the second semiconductor layer (the optical bandgap of the buffer layer 130 including WO3 is wider than that of amorphous silicon) [Ryu, page 4].
Further, because the composition of the second and third semiconductor layers in modified Ha is the same as the ones disclosed in the instant specification (p-type a-Si and WO3) [see paras. 0048-0049 of the instant published specification], the claimed properties or functions are presumed to be inherent.
The court has held that products of identical chemical composition cannot have mutually exclusive properties. A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990)
Regarding claim 4
Modified Ha teaches the solar cell as set forth above, wherein the first semiconductor layer (52) is formed of an intrinsic amorphous silicon layer [Ha, Fig. 1, para. 0034].
Claim(s) 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ha in view of Ryu and Lee, as applied to claims 1, 2 and 4 above, and further in view of CN 215771168 U, RUIHUI.
Regarding claim 7
Modified Ha teaches the solar cell as set forth above, wherein a thickness of the fifth semiconductor layer (30) is formed within a range of 10 A to 100 A (5 nm to 15 nm; 50-150 A; 1nm = 10A) [Ha, para. 0052]. Modified Ha is silent to a thickness of the second transparent conductive layer (441) within a range of 100 A to 500 A.
Ruihui teaches a solar cell wherein a suitable thickness for second transparent conductive layer (201) comprising indium is in the range of 40 nm to 75 nm (400 A – 750 A) [Pages 2 and 6].
Ruihui and modified Ha are analogous inventions in the field of solar cells. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the second transparent conductive layer of modified Ha to be within a range of 100 A to 500 A, as in Ruihui, as such is a suitable workable range known in the prior art for bottom/second transparent conductive oxide layers.
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) [MPEP 2144.05].
Regarding claims 8-9
Modified Ha teaches the solar cell as set forth above, wherein the first and second transparent conductive layers are formed of a transparent oxide film including indium [Ha, paras. 0057 and 0063].
Modified Ha does not teach a concentration of indium in the transparent oxide film is within a range of 1 at% to 5 at%. Modified Ha is also silent to a content of indium included in the first transparent conductive layer higher than a content of indium included in the second transparent conductive layer.
Ruihui teaches a solar cell wherein the amount of indium within a first and second transparent conductive layer comprising ITO is optimized in order to achieve the desired light transmittance and conductivity [Page 5].
Absent a showing of criticality or unexpected results with respect to the amount of indium within the first and second transparent conductive layers (a result-effective variable), it would have been obvious to a person of ordinary skill in the art at the time of the invention to optimize said parameter through routine experimentation in order to achieve the desired light transmittance and conductivity of the layers. It has been held that discovering an optimum value of a result effective variable involves only routine skill in the art [MPEP 2144.05].
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ha in view of Ryu and Lee, as applied to claims 1, 2 and 4 above, and further in view of US 2024/0121969 A1, Puaud et al. (hereinafter “Puaud”).
Regarding claim 10
Modified Ha does not teach the solar cell further comprising a perovskite solar cell provided between the second transparent conductive layer and the second electrode, wherein the perovskite solar cell comprises:
a first conductive charge transporting layer formed of a hole transporting layer contacting the second transparent conductive layer; a light absorption layer formed of a perovskite compound provided on the first conductive charge transporting layer; and
a second conductive charge transporting layer formed of an electron transporting layer provided on the light absorption layer.
Puaud teaches a tandem silicon-pervoskite solar cell, wherein the perovskite solar cell (130) is provided between a second transparent conductive layer (and the second electrode (133) [Fig. 2A and paras. 0083-0086] and a second electrode (170) [Fig. 2A and para. 0113], wherein the perovskite solar cell (130) comprises:
a first conductive charge transporting layer (121) formed of a hole transporting layer (p-type) contacting the second transparent conductive layer (133) [Fig. 2A and para. 0085];
a light absorption layer (131) formed of a perovskite compound provided on the first conductive charge transporting layer (121) [Fig. 1 and para. 0086]; and
a second conductive charge transporting layer (132) formed of an electron transporting layer (n-type) provided on the light absorption layer (131) [Fig. 1 and paras. 0083-0086].
By providing a tandem structure having the pervoskite solar cell as set forth above, the conversion of solar radiation into energy is increased [para. 0003].
Modified Ha and modified Puaud are analogous inventions in the field of solar cells. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the solar cell of modified Ha to comprise a tandem structure including a perovskite solar cell as set forth in Puaud in order to absorb different spectral domains thereby increasing the photoelectric conversion efficiency.
Claim(s) 11 and 14-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ha, Ryu, Lee and US 2018/0190853 A1, Lee et al. (hereinafter “Lee’853”).
Regarding claim 11
Ha teaches a method of manufacturing a solar cell (100) [Fig. 1 and para. 0021] comprising:
a process of forming a first semiconductor layer (corresponding to first passivation layer 52 comprising i-a-si) on one surface of a semiconductor substrate (110) [Fig. 1, paras. 0021 and 0034];
a process of forming a second semiconductor layer (corresponding to first conductive area 20) on one surface of the first semiconductor layer (52) [Fig. 1, paras. 0036 and 0040-0042];
a process of forming a first transparent conductive layer (corresponding to transparent electrode layer 421) on one surface of the second semiconductor layer (20) [Fig. 1, para. 0054], the first transparent conductive layer (421) comprises tungsten oxide including indium (indium tungsten oxide, IWO) [para. 0057];
a process of forming a first electrode (corresponding to first metal electrode layer 422) on one surface of the first transparent conductive layer (421) [Fig. 1 and para. 0054], wherein the second semiconductor layer (20) comprises a p-type semiconductor material [paras. 0040-0042];
a process of form a fourth semiconductor layer (corresponding to second passivation layer 54 comprising i-a-si) provided on the other surface of the semiconductor substrate (110) [Ha, Fig. 1, paras. 0021 and 0034];
a process of form a fifth semiconductor layer (corresponding to second conductive area 30) provided on a surface of the fourth semiconductor layer (54) [Ha, Fig. 1, paras. 0021 and 0049];
a process of form a second transparent conductive layer (corresponding to second transparent electrode layer 441) provided on a surface of the fifth semiconductor layer (30) [Ha, Fig. 1 and para. 0063], the second transparent conductive layer (441) comprises tin oxide including indium (indium tin oxide, ITO) [paras. 0057 and 0063]; and
a process of form a second electrode (corresponding to second metal electrode layer 442) provided on a surface of the second transparent conductive layer (441) [Ha, Fig. 1 and para. 0063],
wherein the fifth semiconductor layer comprises an n-type semiconductor material including tin (Sn) [Ha, paras. 0042 and 0049], and
wherein the fourth semiconductor layer (54) is formed of an intrinsic amorphous silicon layer (i-a-si) [paras. 0021 and 0034].
Ha does not teach the method comprising a process of forming a third semiconductor layer on one surface of the second semiconductor layer, wherein the process of forming the third semiconductor layer comprises a process of forming a p-type semiconductor material including tungsten (W), and the process of forming the third semiconductor layer and the process of forming the first transparent conductive layer comprise a continuous process performed in the same process equipment.
Ryu teaches a method of manufacturing a solar cell comprising a process of forming p-type WO3 semiconductor layer (130) on a surface of a p-type amorphous silicon semiconductor layer (141), wherein the process of forming the third semiconductor layer (WO3 buffer layer 130) and the process of forming the first transparent conductive layer (421) comprise a continuous process performed in the same process equipment (the first electrode 120 and the buffer layer 130 are sequentially deposited) [Ryu, page 5].
The p-type WO3 semiconductor layer of Ryu reduces the recombination at the interface between the p-type amorphous silicon semiconductor layer (141) and a transparent conductive layer (120), thereby increasing the efficiency of the cell [Fig. 3 and Pages 3-4].
Ha and Ryu are analogous inventions in the field of methods for manufacturing solar cells. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the method of Ha to comprise a process of forming a third semiconductor layer on one surface of the second semiconductor layer comprises a p-type semiconductor material including tungsten (W), as in Ryu, in order to reduce the recombination at the interface between the second semiconductor layer and the first transparent conductive layer, thereby increasing the efficiency of the cell.
Modified Ha does not teach an n-type amorphous silicon layer provided between the fourth semiconductor layer (54) and the fifth semiconductor layer (30).
Lee teaches the process of forming an n-type amorphous silicon layer (140B) performed between the process of forming the intrinsic amorphous silicon layer (120; corresponds to the claimed fourth semiconductor layer) and the process of forming the n-type metal oxide film (140A; corresponds to the fifth semiconductor layer) [para. 0092], wherein the process of forming the intrinsic amorphous silicon layer (120) and the process of forming the n-type amorphous silicon layer (140B) comprise a continuous process performed in the same process equipment [para. 0093].
Modified Ha and Lee are analogous inventions in the field of methods for manufacturing solar cells. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the method of modified Ha to comprise a process of forming an n-type amorphous silicon layer provided between the fourth semiconductor layer and the fifth semiconductor layer, as in Lee, in order to align the Fermi levels of the semiconductor substrate and the fifth semiconductor layer so that electrodes in the conduction band within the semiconductor substrate can easily move to the conduction band of the upper film by passing through the fourth semiconductor layer.
Modified Ha is silent to the process of forming the fifth semiconductor layer and the process of forming the second transparent conductive layer comprise a continuous process performed in the same process equipment.
Lee’853 teaches the process of forming doped semiconductor layers and transparent conductive layers comprising a continuous process performed in the same chamber (in situ) in order to keep the layers in a vacuum environment without contacting air or atmosphere before the layers are formed [paras. 0027 and 0029]. Further, said technique is disclosed to reduce manufacturing costs [para. 0036].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the method of modified Ha such that the process of forming the fifth semiconductor layer and the process of forming the second transparent conductive layer comprises a continuous process performed in the same process equipment, as in Lee’853, in order to keep the layers in a vacuum environment without contacting air or atmosphere before the layers are formed, and to reduce manufacturing costs.
Regarding the limitation “a bandgap of the fifth semiconductor layer is greater than a bandgap of the n-type amorphous silicon layer, and a conduction band minimum energy level of the fifth semiconductor layer is higher than a conduction band minimum energy level of the n-type amorphous silicon layer”, because the structure of the prior art is the same as the one claimed, the claimed properties or functions are presumed to be inherent.
It has been held that when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent (see MPEP § 2112.01). “When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not.” In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990).
The court has held that products of identical chemical composition cannot have mutually exclusive properties. A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990)
Regarding claim 14
Modified Ha teaches the method as set forth above, wherein the process of forming the fifth semiconductor layer (30) comprises a process of forming SnO by supplying a material including Sn and a material including oxygen (O) in a chamber (the second conductive area 30 comprises SnO2 and may be formed by PECVD) [Ha, paras. 0049 and 0077], and
the process of forming the second transparent conductive layer (441) comprises a process of forming a transparent oxide film including indium by supplying the material including Sn, the material including O, and a material including indium in the chamber (the raw materials for the first and second transparent electrodes is introduced, wherein said first and second transparent electrodes comprise ITO) [Ha, paras. 0057, 0063 and 0080].
Regarding claim 15
Modified Ha teaches the method as set forth above, wherein the process of forming the fifth semiconductor layer (30) and the process of forming the second transparent conductive layer (441) comprise forming an SnO layer by supplying a material including Sn and a material including O in a chamber (both the second conductive area 30 and the second transparent electrode comprise indium oxide) [Ha, paras. 0049, 0057, 0063, 0077 and 0080], and
additionally doping indium on the SnO layer in the chamber to form the fifth semiconductor layer formed of an indium-undoped SnO layer and the second transparent conductive layer formed of a transparent oxide film including indium based on doping of indium (the second transparent electrode comprises ITO, wherein the layers are deposited in the same chamber) [Ha, paras. paras. 0049, 0057, 0063, 0077 and 0080; Lee’853, paras. 0027 and 0029].
Regarding claim 16
Modified Ha teaches the method as set forth above, further comprising a process of forming an n-type amorphous silicon layer (140B) performed between the process of forming the fourth semiconductor layer and the process of forming the fifth semiconductor layer [Lee, para. 0092],
wherein the process of forming the fourth semiconductor layer and the process of forming the n-type amorphous silicon layer (140B) comprise a continuous process performed in the same process equipment [para. 0093].
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ha in view of Ryu, Lee and Lee’853, as applied to claims 11 and 14-17 above, and further in view of US 2024/0121969 A1, Puaud et al. (hereinafter “Puaud”).
Regarding claim 17
Modified Ha does not teach the method further comprising a process of forming a perovskite solar cell between the second transparent conductive layer and the second electrode, wherein the process of forming perovskite solar cell comprises:
a process of forming a first conductive charge transporting layer formed of a hole transporting layer contacting the second transparent conductive layer;
a process of forming a light absorption layer formed of a perovskite compound on the first conductive charge transporting layer; and
a process of forming a second conductive charge transporting layer formed, of an electron transporting layer, on the light absorption layer.
Puaud teaches a method of manufacturing a tandem silicon-pervoskite solar cell, wherein the perovskite solar cell (130) is provided between a second transparent conductive layer (and the second electrode (133) [Fig. 2A and paras. 0083-0086] and a second electrode (170) [Fig. 2A and para. 0113], wherein the process of forming perovskite solar cell (130) comprises:
a process of forming a first conductive charge transporting layer (121) formed of a hole transporting layer (p-type) contacting the second transparent conductive layer (133) [Fig. 2A and para. 0085];
a process of forming a light absorption layer (131) formed of a perovskite compound provided on the first conductive charge transporting layer (121) [Fig. 1 and para. 0086]; and
a process of forming a second conductive charge transporting layer (132) formed of an electron transporting layer (n-type) provided on the light absorption layer (131) [Fig. 1 and paras. 0083-0086].
By providing a tandem structure having the pervoskite solar cell as set forth above, the conversion of solar radiation into energy is increased [para. 0003].
Modified Ha and modified Puaud are analogous inventions in the field of solar cells. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the method of modified Ha to comprise a forming tandem structure including a perovskite solar cell as set forth in Puaud in order to absorb different spectral domains thereby increasing the photoelectric conversion efficiency.
Response to Arguments
Applicant's arguments filed 05/14/2026 have been fully considered but they are not persuasive.
Applicant argues that Ha fails to disclose wherein “the fifth semiconductor layer comprises an n-type semiconductor material including tin (Sn), the second transparent conductive layer comprises tin oxide including indium”, and thus the fifth semiconductor layer and the second transparent conductive layer are formed by a continuous process performed in the same process equipment (as further discussed with respect to claim 11).
Examiner respectfully disagrees. Ha discloses the fifth semiconductor layer (30) having an n-type conductivity (“the second conductive area 30 may be of an n-type”) and including Sn (the second conductive area 30 is formed of a metal compound such as a tin oxide layer formed of a tin oxide) [see paras. 0042, 0047 and 0049]. Ha further discloses the second transparent conductive layer (441) comprising tin oxide including indium (i.e., indium tin oxide, ITO) [paras. 0057 and 0063].
Regarding the limitation “the fifth semiconductor layer and the second transparent conductive layer are formed by a continuous process performed in the same process equipment”, Lee’853 was previously relied upon to meet with limitation (See Pages 19-20 of the Non-Final Rejection mailed 03/11/2026). Lee’853 discloses the process of forming doped semiconductor layers and transparent conductive layers comprising a continuous process performed in the same chamber (in situ) in order to keep the layers in a vacuum environment without contacting air or atmosphere before the layers are formed [paras. 0027 and 0029]. Further, said technique is disclosed to reduce manufacturing costs [para. 0036].
Applicant argues that Ha also fails to disclose a “third semiconductor layer comprises a p-type semiconductor material including tungsten oxide (WO3), and the first transparent conductive layer comprises tungsten oxide including indium”.
Examiner respectfully disagrees. One cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Ryu was relied upon to meet with the deficiencies in Ha regarding the third semiconductor layer comprises a p-type semiconductor material including tungsten oxide (WO3). It is further noted that Ha discloses the first transparent conductive layer comprises tungsten oxide including indium (indium tungsten oxide, IWO) [see para. 0057).
Applicant argues that while Ha discloses a SnO2 layer (see paragraph [0049] of Ha), Ha uses the SnO2 layer as a conductive layer rather than a semiconductor layer.
Examiner reference disagrees. SnO2 is a well-known semiconductor material in the art and Ha explicitly discloses said layer comprising SnO2 collecting charge carriers [paras. 0049-0051]. Even if described as a conductive or transport layer in the art, the SnO2 layer inherently constitutes a semiconductor layer. Furthermore, nothing in the claim structurally limits the fifth semiconductor layer in a manner that would distinguish it from the SnO2 layer disclosed in Ha.
Applicant argues that Ha also fails to disclose the indium. Examiner respectfully disagrees. Paragraph [0057] of Ha discloses the following:
[0057] In one example, the first transparent electrode layer 421 may include at least one of indium tin oxide (ITO), aluminum zinc oxide (AZO), boron zinc oxide (BZO), indium tungsten oxide (IWO), and indium cesium oxide (ICO). However, the present disclosure is not limited thereto, and the first transparent electrode layer 421 may include any of various other materials.
Accordingly, Ha discloses indium.
Regarding Lee, it is note that Lee was cited for its teaching regarding an n-type amorphous silicon layer provided between the fourth semiconductor layer and the first semiconductor layer. Lee was not relied upon for the disclosure of indium.
Applicant argues that, in amended claim 1, the transparent oxide films with indium are more specific identified as the “first transparent conductive layer comprises tungsten oxide including indium” and “the second transparent conductive layer comprises tin oxide including indium”.
Applicant argues that Ruihui discloses the use of an indium oxide film which may be doped with either tin or tungsten, which is not the same as tungsten oxide or tin oxide which are doped with indium.
Applicant argues that Ruihui teaches indium as the dominant material and explores using tungsten and tin as dopants with respect to indium oxide.
Applicant argues that Ruihui does not consider the use of either material as the bulk material.
Applicant further argues that, as per the application as filed at paragraphs [0059, 0064], the electrical conductivity of the transparent conductive layer may be reduced by too little indium (<1%), and the transmittance of the transparent conductive layer may decrease by too much indium (>5%).
Examiner respectfully disagrees. The rejection does not rely on Ruihui to teach the tungsten oxide including indium layer. Paragraph [0057] of Ha discloses indium tungsten oxide (IWO) and indium tin oxide (ITO) as set forth above. Ruihui was relied upon for the optimization of indium concentration to achieve desired conductivity and light transmittance characteristics.
Examiner notes that Ruihui teaches the same affects with the optimization of indium content within a transparent conductive layer.
Applicant argues that the presently presented claims are such that the layers are form in in a continuous manner where deposition can swap within the same equipment chamber so that transitioning between a doped semiconductor and a transparent conductor can be done simply by control of the dopant flow.
Applicant argues that such a swap avoids the formation of interface layers which can weaken the bond between layers, as well as resolves issues such as migration possible from the dopant layers.
Examiner notes that applicant’s arguments are only commensurate with claim 11, directed to the method of manufacturing a solar cell. It is further noted that a continuous process as required in the claims is discloses in Lee and Lee’853 as set forth above.
It is further noted that any argument regarding Ruihui does not apply to method claim 11.
Applicant argues that unlike the individual references provided here relied upon to reach the previously presented claims, the amended claims provide for devices produced in a more efficient manner with less defects due to the particular layers being used together, as the semiconductor layers can quickly become conductive layers by the addition of indium during the same production process.
Applicant further argues that such a change also allows for the creation of an indium gradient as the bulk material transitions from semiconductor to conductor, avoiding sharp interfaces or unstable migration of the dopants.
In response, the fact that the inventor has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious. See Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985).
The court has held that the reason or motivation to modify the reference may often suggest what the inventor has done, but for a different purpose or to solve a different problem. It is not necessary that the prior art suggest the combination to achieve the same advantage or result discovered by applicant. See, e.g., In re Kahn, 441 F.3d 977, 987, 78 USPQ2d 1329, 1336 (Fed. Cir. 2006) (see MPEP § 2144 IV)
Applicant argues that, in Ruihui, by providing for a bulk indium oxide with tin or tungsten dopants, thus would lack such a gradient, and thus lose the material benefits to increased interlayer bonding provided by such a gradient, including the increased adhesion and better control on migration.
Applicant further argues that, when dealing with tungsten oxide versus indium oxide, the optical properties will differ considerably, as tungsten oxide in the semiconductor form will absorb light in contrast to the indium oxide of Ruihui.
Examiner respectfully disagrees. The rejection does not rely on Ruihui to teach the tungsten oxide including indium layer. Paragraph [0057] of Ha discloses indium tungsten oxide (IWO) and indium tin oxide (ITO) as set forth above. Ruihui was relied upon for the optimization of indium concentration to achieve desired conductivity and light transmittance characteristics.
Examiner notes that Ruihui teaches the same affects with the optimization of indium content within a transparent conductive layer.
Conclusion
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/MAYLA GONZALEZ RAMOS/Primary Examiner, Art Unit 1721
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