Prosecution Insights
Last updated: October 04, 2026
Application No. 18/292,160

ELECTRONIC DEVICE COMPRISING A SOLAR CELL AND METHOD FOR MANUFACTURING SAID SOLAR CELL

Non-Final OA §103
Filed
Jan 25, 2024
Priority
Aug 30, 2021 — EU 21193822.0 +1 more
Examiner
SUN, MICHAEL Y
Art Unit
1728
Tech Center
1700 — Chemical & Materials Engineering
Assignee
The Swatch Group Research and Development Ltd.
OA Round
1 (Non-Final)
57%
Grant Probability
Moderate
1-2
OA Rounds
3m
Est. Remaining
84%
With Interview

Examiner Intelligence

Grants 57% of resolved cases
57%
Career Allowance Rate
311 granted / 545 resolved
-7.9% vs TC avg
Strong +26% interview lift
Without
With
+26.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
51 currently pending
Career history
597
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
62.9%
+22.9% vs TC avg
§102
13.7%
-26.3% vs TC avg
§112
18.9%
-21.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 545 resolved cases

Office Action

§103
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 . DETAILED ACTION Election/Restriction Claims 16-23 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6/23/2026. Applicant’s election without traverse of Group II, claims 11-15 in the reply filed on 6/23/2026 is acknowledged. Upon further consideration, claims 1-15 are pending. 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. Claim(s) 1-2, 4-7, and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cheng (US Pub No. 2013/0137210) in view of Yuya (US Pub No. 2012/0306040) Regarding Claim 1, Cheng et al. teaches a device comprising a solar cell [Entire structure, Fig. 1A, 0026] comprising: a substrate (11, Fig. 1A-1B, 0048) made of a transparent material intended to be exposed to light radiation [0047], a first electrode (12a, Fig. 1A-1B, 0048) formed on the substrate (11, Fig. 1A-1B, 0048), and a unit solar cell (each of 13a, Fig. 1A-1B) arranged between this first electrode (12a, Fig. 1A-1B, 0048) and a second electrode (14a, Fig. 1A-1B, 0048), the first and second electrodes (Fig. 1A-1B) are made of a transparent electrically conductive material [0047, ZnO and doped ZnO], the unit solar cell (13a, Fig. 1A-1B) being adapted to absorb light radiation and to generate an electric current therefrom of said first and second electrodes (12a, Fig. 1A-1B, 0048, 14a, Fig. 1A-1B, 0048), the second electrode (14a, Fig. 1A-1B, 0048) and the unit solar cell (13a, Fig. 1A-1B) being perforated by cavities (12b and 13b, Fig. 1A-1B, 0047-0048) of said solar cell (Entire structure, Fig. 1A, 0026), so as to allow light radiation to pass through said solar cell (Entire structure, Fig. 1A, 0026), and wherein the electronic device further comprises a reflecting element (the back electrode comprises a portion of silver, resulting in a reflective element, 0044) configured to reflect at least part of said light radiation and being arranged so that the unit solar cell (Entire structure, Fig. 1A, 0026) is exposed to the reflected part of the light radiation [Fig. 1A, 0044-0045]. Cheng et al. is silent on terminals. Yuya et al. teaches the use of first and second terminals [42 and 44, Fig. 1, 0150] for connecting photoelectric elements. Since Cheng et al. teaches the use solar cells, it would have been obvious to one of ordinary skill in the art before the filing of the invention to modify the solar cell of Chen et al. by connecting the first and second terminals of Yuya et al. to the first and second electrodes of Chen et al. as it is merely the selection of a conventional engineering design for connecting solar cells, and one of ordinary skill would have a reasonable expectation of success in doing so. The combination of familiar elements is likely to be obvious when it does no more than yield predictable results. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, A.). Regarding Claim 2, within the combination above, modified Cheng et al. teaches wherein the first electrode (12a, Fig. 1A-1B, 0048) is perforated by the cavities (see the area of 12b, Fig. 1B, 0048). Regarding Claim 4, within the combination above, modified Cheng et al. teaches wherein the substrate (11, Fig. 1A-1B, 0048) is made of glass, sapphire or polymer [0032]. Regarding Claim 5, within the combination above, modified Cheng et al. teaches wherein the first and second electrodes (12a, Fig. 1A-1B, 0048, 14a, Fig. 1A-1B, 0048) are made of transparent conductive oxides [0044-0045]. Regarding Claim 6, within the combination above, modified Cheng et al. teaches wherein the first and second electrodes (12a, Fig. 1A-1B, 0048, 14a, Fig. 1A-1B, 0048) are made of zinc oxide or indium tin oxide [0044-0045]. Regarding Claim 7, within the combination above, modified Cheng et al. is silent on wherein the cavities have a hexagonal cross-section. As the cost of construction and efficiency of operation are variables that can be modified, among others, by adjusting the parameters of the cavities , with said construction cost and operating efficiency both changing as the parameters of the cavities are changed, the precise the parameters of the cavities would have been considered a result effective variable by one having ordinary skill in the art before the filing of the invention. As such, without showing unexpected results, the claimed “wherein the cavities (140) have a hexagonal cross-section.” cannot be considered critical. Accordingly, one of ordinary skill in the art before the filing of the invention would have optimized, by routine experimentation, the parameters of the cavities to obtain the desired balance between the construction cost and the operation efficiency (In re Boesch, 617 F.2d. 272, 205 USPQ 215 (CCPA 1980)), since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. (In re Aller, 105 USPQ 223). Regarding Claim 10, within the combination above, modified Cheng et al. teaches wherein the unit solar cell (each of 13a, Fig. 1A-1B) has a through-hole (in the layer of 13a, there is a area which 15 goes through, that is the through hole, in figure 1B) so as to bring the first electrode (12a, Fig. 1A-1B, 0048) to the second electrode (14a, Fig. 1A-1B, 0048) so as to allow connectivity between the two terminals (see rejection of claim 1). Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cheng (US Pub No. 2013/0137210) in view of Yuya (US Pub No. 2012/0306040) as applied above in addressing claim 1, in further view of Takeuchi (US Pat No. 6307146) Regarding Claim 3, within the combination above, modified Cheng et al. is silent on wherein the unit solar cell consists of three superimposed layers made of amorphous silicon and forming a PIN diode. Takeuchi et al. teaches the use of a PIN amorphous silicon photoelectric layer [Abstract]. Since modified Cheng et al. teaches the use of a amorphous silicon photoelectric layer, it would have been obvious to one of ordinary skill in the art before the filing of the invention to modify the amorphous silicon layer of modified Cheng et al. with the PIN layer structure of Takeuchi et al. as it is merely the selection of a conventional engineering design and one of ordinary skill would have a reasonable expectation of success in doing so. The combination of familiar elements is likely to be obvious when it does no more than yield predictable results. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, A.). Claim(s) 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cheng (US Pub No. 2013/0137210) in view of Yuya (US Pub No. 2012/0306040) as applied above in addressing claim 1, in further view of Kato (US Pub No. 2012/0211061) Regarding Claim 8, within the combination above, modified Cheng et al. is silent on comprising a coating made of a transparent material and covering the first and second electrodes (110, 120) and the unit solar cell (130). Kato et al. teaches a coating that covers the first and second electrodes that is made of silicon oxide [0092-0093] that prevent degradation due to oxygen and moisture [0092-0093] Since modified Cheng et al. teaches a solar cell, it would have been obvious to one of ordinary skill in the art before the filing of the invention to apply the coating of Kato et al. on the cell of modified Cheng et al. in order to prevent degradation due to oxygen and moisture [0092-0093]. Regarding Claim 9, within the combination above, modified Cheng et al. is silent on wherein the coating is made of parylene, polyimide, nitride or oxide [see rejection of claim 8]. Claim(s) 11-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cheng (US Pub No. 2013/0137210) in view of Yuya (US Pub No. 2012/0306040) as applied above in addressing claim 1, in further view of Fleury (US Pub No. 2014/0293758) Regarding Claim 11, within the combination above, modified Cheng et al. is silent on a timepiece comprising the device according to claim 1, and a case comprising a middle, a crystal and a back defining an internal volume in which is housed a horological movement supplied with electrical energy by the solar cell (10), the reflecting element (150) being formed by a dial or by said horological movement. Fleury et al. teaches a watch with a watch crystal housed in a watch case ]0002] and watch crystal 4 has a top surface 8 facing the user of watch 1 and a bottom surface 10 facing the watch case 6 [Fig. 1-4, 0017] with a horological movement [0017]. The electronic device attached to the crystal can be a solar cell [0023]. Since modified Cheng et al. teaches the use of a solar cell, it would have been obvious to one of ordinary skill in the art before the filing of the invention to modify the solar cell of Fleury et al. with the solar cell of modified Cheng et al. as it is merely the selection of a conventional engineering design and on of ordinary skill would have a reasonable expectation of success in doing so. The combination of familiar elements is likely to be obvious when it does no more than yield predictable results. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, A.). Regarding Claim 12, within the combination above, modified Cheng et al. teaches wherein the solar cell is fastened to the crystal so that the substrate bears thereagainst, with the second electrode facing the internal volume of the case [see combination in claim 11, which provides the solar cell of modified Cheng et al. in place of the solar cell within the watch of Fleury et al.]. Regarding Claim 13, within the combination above, modified Cheng et al. teaches wherein the crystal is formed by the substrate, with the solar cell being arranged so that the second electrode faces the internal volume [see combination in claim 11, which provides the solar cell of modified Cheng et al. in place of the solar cell within the watch of Fleury et al.]. Regarding Claim 14, within the combination above, modified Cheng et al. teaches wherein the solar cell is fastened to a dial or to the horological movement, so that the substrate bears thereagainst, with the second electrode facing the crystal [see combination in claim 11, which provides the solar cell of modified Cheng et al. in place of the solar cell within the watch of Fleury et al.]. Regarding Claim 15, within the combination above, modified Cheng et al. teaches comprising a dial formed by the substrate, with the solar cell being arranged so that the second electrode faces the crystal [see combination in claim 11, which provides the solar cell of modified Cheng et al. in place of the solar cell within the watch of Fleury et al.]. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL Y SUN whose telephone number is (571)270-0557. The examiner can normally be reached 9AM-7PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MATTHEW MARTIN can be reached at (571) 270-7871. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MICHAEL Y SUN/Primary Examiner, Art Unit 1728
Read full office action

Prosecution Timeline

Jan 25, 2024
Application Filed
Sep 10, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12749679
CATHODE WITH A COMPOSITE NICKEL STRUCTURE AND METHOD TO MANUFACTURE THE SAME
3y 9m to grant Granted Sep 29, 2026
Patent 12750004
WAVE-RESISTANT PHOTOVOLTAIC (PV) FLOAT FOR WATER ENVIRONMENT, AND ASSEMBLING METHOD THEREOF
1y 8m to grant Granted Sep 29, 2026
Patent 12738885
A-FRAME ELEVATED AUTONOMOUS SINGLE AXIS 360 DEGREE DECLINATION SOLAR TRACKING ARRAY
2y 0m to grant Granted Sep 15, 2026
Patent 12738892
RAPID SHUTDOWN DEVICE FOR PHOTOVOLTAIC MODULES
1y 7m to grant Granted Sep 15, 2026
Patent 12727280
SOLAR CELL SHEET AND SOLAR CELL PANEL
1y 3m to grant Granted Sep 01, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
57%
Grant Probability
84%
With Interview (+26.5%)
2y 11m (~3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 545 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month