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 .
Election/Restrictions
Restriction to one of the following inventions is required under 35 U.S.C. 121. This application contains claims directed to the following patentably distinct species:
Species A: drawn to a photovoltaic device/solar cell, classified in H10K30/57, H10K85/50, Y02E10/549.
Species B: drawn to light emitting device/OLED, classified in H10K59/10.
This application contains claims directed to the following patentably distinct species A-B. The species are independent or distinct because claims to the different species recite the mutually exclusive characteristics of such species. In addition, these species are not obvious variants of each other based on the current record.
Applicant is required under 35 U.S.C. 121 to elect a single disclosed species, or a single grouping of patentably indistinct species, for prosecution on the merits to which the claims shall be restricted if no generic claim is finally held to be allowable. Currently, claims 10-11 are generic.
There is a serious search and/or examination burden for the patentably distinct species as set forth above because at least the following reason(s) apply:
The species have acquired a separate status in the art in view of their different classification.
The species have acquired a separate status in the art due to their recognized divergent subject matter, and
The species require a different field of search (e.g., searching different classes/subclasses or electronic resources, or employing different search strategies or search queries).
Applicant is advised that the reply to this requirement to be complete must include (i) an election of a species to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected species or grouping of patentably indistinct species, including any claims subsequently added. An argument that a claim is allowable or that all claims are generic is considered nonresponsive unless accompanied by an election.
The election may be made with or without traverse. To preserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the election of species requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these claims are readable on the elected species or grouping of patentably indistinct species.
Should applicant traverse on the ground that the species, or groupings of patentably indistinct species from which election is required, are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing them to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the species unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other species.
Upon the allowance of a generic claim, applicant will be entitled to consideration of claims to additional species which depend from or otherwise require all the limitations of an allowable generic claim as provided by 37 CFR 1.141.
During a telephone conversation with Applicant’s representative, Leea Susanne Somersalo, on 12/23/2025, a provisional election was made with traverse to prosecute the invention of species A, e.g. a photovoltaic device. Affirmation of this election must be made by applicant in replying to this Office action.
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 13-14 and 16-19 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.
Claim 13 depends on claim 10 and recites “electron transporting layer” in line 2, while claim 10 also recites “an electron transporting layer” in lines 1-2. It is unclear if “electron transporting layer” recited in claim 13 is the same as or different from “an electron transporting layer” recited in claim 10.
Claims 14, 16-19 are rejected on the same ground as claim 13.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-12 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Marcon et al. (“Stabilization of free radicals in layer-by-layer nanoarchitectures containing multiple arylenediimides”).
Regarding claim 1, Marcon et al. discloses a compound of PNDI having formula:
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(see scheme 1) that has a formula (I) with X being -L1-A1, R1-R4 being H, A and A1 being phosphonic acid (PO3H2), L and L1 being ethylene or C2-alkylene.
Regarding claim 2, Marcon et al. discloses a compound as in claim 1, and teaches a choice of the compound having claimed formula (I) having L and L1 being C2-alkylene. The reference is deemed to be anticipatory to the instant claim, since the instant claim is directed to other choice, or the choice of the claimed formula (I) with L and L1 being C3-C9-alkylene.
Regarding claim 3, Marcon et al. discloses a compound as in claim 1 above, and teaches A and A1 is phosphonic acid
Regarding claim 4, Marcon et al. discloses a compound as in claim 1 above, and teaches L and L1 are the same.
Regarding claim 5, Marcon et al. disclose a compound as in claim 1 above, and teaches X is -L1-A1.
Regarding claims 6-7, Marcon et al. discloses a compound as in claim 1 above, and teaches a choice of a compound having claimed formula (I) having X being -L1-A1. The reference is deemed to be anticipatory to the instant claim, since the instant claim is directed to other choices of X.
Regarding claim 8, Marcon et al. discloses a compound as in claim 1 above, and teaches a composition comprising the compound (PNDI, see fig. 1)
Regarding claim 9, Marcon et al. discloses a compound as in claim 8 above, and teaches the composition comprising a filler molecule (see PPDI or PPMI in fig. 1) which is an anchoring group (see fig. 1).
Regarding claims 10-12, Marcon et al. discloses a compound (PNDI) as in claim 1 above, and teaches NDI are recognized as the best electron transporting material for organic electronic devices such as solar cells (see “Introduction”). As such, Marcon et al. discloses an optoelectronic device of photovoltaic device (or solar cell) comprising an electron transport layer comprising compound PNDI, which is a NDI.
Regarding claim 20, Marcon et al. discloses a composition as in claim 9 above, and teaches teaches NDI are recognized as the best electron transporting material for organic electronic devices such as solar cells (see “Introduction”). As such, Marcon et al. discloses an optoelectronic device of photovoltaic device (or solar cell) comprising an electron transport layer comprising the composition including NDI compounds.
Claim(s) 1-8 and 10-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bayindir et al. (“The electrical and photophysical performances of axially-substituted naphthalene diimide-based small molecules as interface layer”).
Regarding claims 1 and 8, Bayindir et al. discloses a compound (7) and a composition comprising the compound (7):
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, which is of claimed formula (IV) with A (or R) is a phosphonic acid (PO3H2), and L is a C6 arylene.
Regarding claim 2, Bayindir et al. discloses a compound as in claim 1 above, and teaches a choice of a compound having claimed formula (IV). The reference is deemed to be anticipatory to the instant claim, since the instant claim is directed to other choice, or the choice of the claimed formula (I).
Regarding claim 3, Bayindir et al. discloses a compound as in claim 1 above, and discloses A is a phosphonic acid (PO3H2).
Regarding claim 4, Bayindir et al. discloses a compound as in claim 1 above, and teaches a choice of a compound having claimed formula (IV). The reference is deemed to be anticipatory to the instant claim, since the instant claim is directed to other choice, or the choice of the claimed formula (I).
Regarding claim 5, Bayindir et al. discloses a compound as in claim 1 above, and teaches a choice of a compound having claimed formula (IV). The reference is deemed to be anticipatory to the instant claim, since the instant claim is directed to other choice, or the choice of the claimed formula (I).
Regarding claims 6-7, Bayindir et al. discloses a compound as in claim 1 above, and teaches a choice of a compound having claimed formula (IV). The reference is deemed to be anticipatory to the instant claim, since the instant claim is directed to other choice, or the choice of the claimed formula (I).
Regarding claims 10-12, Bayindir et al. discloses a compound as in claim 1 above, and teaches NDI having energy levels of an electron transporting material (or n-type, see figs. 1 and3) in a photodiode (or a photovoltaic device). As such, Bayindir et al. teaches an optoelectronic device comprising an electron transporting layer comprising the compound of claim 1.
Claim(s) 1-8 and 10-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bayindir et al. (“The electrical and photophysical performances of axially-substituted naphthalene diimide-based small molecules as interface layer”).
Regarding claims 1 and 8, Bayindir et al. discloses a compound and a composition comprising the compound
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(see scheme 1), which as a formula (I) with X being C5-6 aryl, A being phosphonic acid (PO3H2) and L being C6-arylene.
Regarding claim 2, Bayindir et al. discloses a compound as in claim 1 above, teaches a choice of the compound having claimed formula (I). The reference is deemed to be anticipatory to the instant claim, since the instant claim is directed to other choice of the compound having formula (I).
Regarding claim 3, Bayindir et al. discloses a compound as in claim 1 above, and discloses A is a phosphonic acid (PO3H2).
Regarding claim 4, Bayindir et al. discloses a compound as in claim 1 above, and teaches a choice of X. The reference is deemed to be anticipatory to the instant claim, since the instant claim is directed to other choices of X.
Regarding claim 5, Bayindir et al. discloses a compound as in claim 1 above, and teaches a choice of X. The reference is deemed to be anticipatory to the instant claim, since the instant claim is directed to other choices of X.
Regarding claim 6, Bayindir et al. discloses a compound as in claim 1 above, and teaches X is C6-aryl.
Regarding claim 7, Bayindir et al. discloses a compound as in claim 6 above, teaches a choice of X. The reference is deemed to be anticipatory to the instant claim, since the instant claim is directed to other choices of X.
Regarding claims 10-12, Bayindir et al. discloses a compound as in claim 1 above, and teaches NDI having energy levels of an electron transporting material (or n-type, see figs. 1 and3) in a photodiode (or a photovoltaic device). As such, Bayindir et al. teaches an optoelectronic device comprising an electron transporting layer comprising the compound of claim 1.
Claim(s) 1-17 and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dong et al. (CN 114335346, also see machine translation).
Regarding claims 1-8, Dong et al. discloses a compound of PNDI (see claim 8, [0021], [0068] of the original document) which has a formula (I) with X being -L1-A1, R1-R4 being H, A and A1 being phosphonic acid (PO3H2), L and L1 being ethylene or C2-alkylene as claimed in claim 1. The PNDI compound also reads on claims 2-7 (see explanations in paragraph 5 above).
Regarding claim 9, Dong et al. discloses a compound as in claim 1 above, and teaches including a filler (12) of an anchoring group (see fig. 1 as Dong et al. shows the layer 12 is formed/anchored on the conducting layer 11).
Regarding claims 10-13 and 16, Dong et al. discloses an optoelectronic device of photovoltaic device comprising a conducting support layer (11, fig. 1 of the original document, examples 3 and 5 of the translation) being covered with an electron transporting layer comprising a first transport layer (12, fig. 1 of the original document) and/or a modification layer (13, fig. 1 of the original document; examples 3 and 5 of the translation), a sensitizer layer of perovskite (14, fig. 1 of the original document; examples 3 and 5 of the translation), a hole transport layer of a second transport layer (15, fig. 1 of the original document; examples 3 and 5 of the translation); wherein the electron transport layer (12/13) comprising the compound in claim 1, or PNDI (see example 5).
Regarding claim 14, Dong et al. discloses a photovoltaic device as in claim 13 above, and teaches the electron transporting layer (13) consists of the compound of claim 1, or the electron transporting layer (12/13) consists of the composition (12 and 13).
Regarding claim 15, Dong et al. discloses a photovoltaic device as in claim 11 above, and teaches the device is a tandem solar cell (see fig. 2 of the original document) comprising at least one perovskite solar cell (21 of the solar cell shown in fig. 1, see [n107] of the translation).
Regarding claim 17, Dong et al. discloses a photovoltaic device as in claim 13 above, and teaches the organic-inorganic perovskite is a perovskite-type structure having formula (II) as claimed (see [0085] and [0099] of the original document and the translation).
Regarding claim 19, Dong et al. discloses a photovoltaic device as in claim 13 above, and teaches the conducting support layer (11) comprising a conducting material selected from ITO, FTO, AZO (see [0054-057]).
Regarding claim 20, Dong et al. discloses a photovoltaic device as in claim 9 above, and teaches an electron transporting layer (12/13) comprising the composition of claim 9, e.g. layer 12 and layer 13.
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) 9 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Bayindir et al. or Dong et al. as applied to claim 1 above, in view of Jung et al. (“Non-Fullerene Organic Electron-Transporting Materials for Perovskite Solar Cells”).
Regarding claim 9, Bayindir et al. or Dong et al. discloses a compound as in claim 1 above.
Bayindir et al. or Dong et al. does not disclose a composition comprising the compound as in claim 1 above and a filler molecule combined with the compound molecularly, wherein the filler molecule is at least one kind of molecules as claimed.
Jung et al. discloses combining the NDI with a filler molecule of thiophene (see fig. 2) to provide an electron transporting material for the device to significantly improve device operational stability under ambient condition (see pages 3884-3885). Thiophene is a molecule with an anchoring group, e.g. thiophene.
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the NDI of Bayindir et al. or Dong et al. by incorporating thiophene molecule filler such as thiophene to significantly improve device operational stability under ambient condition as taught by Jung et al.
Regarding claim 20, modified Bayindir et al. or Dong et al. discloses a compound as in claim 9 above, wherein the NDI is an electron transporting layer for an optoelectronic device (see fig. 2 of Jung et al.).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dong et al. as applied to claim 17 above, in view of Ono et al. (“Progress on Perovskite Materials and Solar Cells with Mixed Cations and Halide Anions”).
Regarding claim 18, Dong et al. discloses an optoelectronic device as in claim 17 above, and teaches the cation A is selected from at least one of ammonium (CH3NH3 or C4H9NH3) or amidinium (CH2=CHNH2), Cs, Rb, K and the X is selected from at least one of halogen or pseudohalogens such as SCN- (see [0084-0085] and [0098-0099] of the original document and the translation).
Dong et al. does not explicitly disclose the perovskite being a mixed perovskite-type structure having formula (III) as claimed.
Ono et al. teaches mixed perovskite FA0.85MA0.15PbI2.55Br0.45 would provide a perovskite with high efficiency (see fig. 1(b)), which has y=0.15 and z=0.45. 0.15 is right within the claimed range of 0.1 and 0.9, and 0.45 is right within the claimed range of 0.2 and 2.
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have used the mixed perovskite such as FA0.85MA0.15PbI2.55Br0.45 to obtain a photovoltaic device (or the solar cell) with high power conversion efficiency as taught by Ono et al.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THANH-TRUC TRINH whose telephone number is (571)272-6594. The examiner can normally be reached 9:00am - 6:00pm.
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THANH-TRUC TRINH
Primary Examiner
Art Unit 1726
/THANH TRUC TRINH/Primary Examiner, Art Unit 1726