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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Election/Restrictions
Applicant’s election of Group I, claims 1-15, in the reply filed on 10/14/2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 16-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/14/2025.
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 4-8 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 4 contains the limitation “wherein a cutting region positioned across the first photoelectric conversion portion is not formed in the light-receiving surface”. It is unclear what structure the claim is requiring. What is a “cutting region” and what structure is being required by the claim? For the purpose of this Office Action, since it is unclear what structure is required by the claim, claim 4 will not be further treated on the merits.
Claims 5-8 are additionally rejected as being dependent on a rejected base claim and including the claim limitations as set forth above. Claims 5-8 will not be further treated on the merits as discussed above with respect to claim 4.
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.
Claims 1-3 and 9-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kamino et al. (WO 2020/109129A1, see equivalent US 2022/0102659 for mapping).
Regarding claim 1, Kamino discloses a solar cell in Figure 6, comprising:
a first photoelectric conversion portion (9), comprising a photoelectric conversion layer (CsFA Pk perovskite absorber layer, [84]), a first transport layer on one side of the photoelectric conversion layer (LiF layer, [84]), and a second transport layer on the other side of the photoelectric conversion layer (NiO layer, [84]), wherein the photoelectric conversion layer comprises a perovskite compound (Figures 6 and 9 and [84]);
a second photoelectric conversion portion (5), arranged below the second transport layer of the first photoelectric conversion portion (9) and having a different material or structure from the first photoelectric conversion portion (Figures 4-6 and 9, [55]-[58] and [83]-[84]);
a side insulating layer (15), formed on at least one side surface of the first photoelectric conversion portion (9) (Figures 4-7 and [61]);
a first electrode (17 and 19), electrically connected to the first photoelectric conversion portion (9) on one surface of the first photoelectric conversion portion serving as a light-receiving surface (Figures 4-6 and [76] and [78]); and
a second electrode (6), electrically connected to the second photoelectric conversion portion (5) and arranged below the second photoelectric conversion portion (Figures 4-6, [68] and [77]).
Regarding claim 2, Kamino discloses all of the claim limitations as set forth above. Kamino additionally discloses that the first photoelectric conversion portion (9) has a smaller area than the second photoelectric conversion portion (5) to have a terminal difference region (zone 13) on the second photoelectric conversion portion (Figures 3 and 6, [58]), and the terminal difference region (13) is formed on two side surfaces of the first photoelectric conversion portion (9) that are opposite to each other (Figure 3, two ends of section 11 in Figure 13 each have a side surface opposite each other that abuts zone 13 and reads on the claim).
Regarding claim 3, Kamino discloses all of the claim limitations as set forth above. Kamino additionally discloses that the side insulating layer (15) is formed in the terminal difference region (13) (Figures 3 and 6).
Regarding claim 9, Kamino discloses a solar cell in Figures 4-6, comprising:
a first photoelectric conversion portion (9) comprising a first long side and a second long side formed along a major axis and parallel to each other, and a first short side and a second short side formed along a minor axis intersecting the major axis and parallel to each other (As shown in Figures 1 and 4, the cells can be rectangular with a short side and a long side), comprising a photoelectric conversion layer (CsFA Pk perovskite absorber layer, [84]), a first transport layer on one side of the photoelectric conversion layer (LiF layer, [84]), and a second transport layer on the other side of the photoelectric conversion layer (NiO layer, [84]), wherein the photoelectric conversion layer comprises a perovskite compound (Figures 6 and 9 and [84]);
a second photoelectric conversion portion (5), arranged below the second transport layer of the first photoelectric conversion portion (9) and having a different material or structure from the first photoelectric conversion portion (Figures 4-6 and 9, [55]-[58] and [83]-[84]);
a side insulating layer (15), formed to abut against the first long side of the first photoelectric conversion portion (9) (Figures 4-7 and [61]);
a first electrode (17 and 19), electrically connected to the first photoelectric conversion portion (9) on one surface of the first photoelectric conversion portion serving as a light-receiving surface (Figures 4-6 and [76] and [78]); and
a second electrode (6), electrically connected to the second photoelectric conversion portion (5) and arranged below the second photoelectric conversion portion (Figures 4-6, [68] and [77]);
wherein the first electrode comprises a pad portion (19) formed on the side insulating layer (15), and busbar electrodes (17) extending from the pad portion (19), spaced apart from each other, and protruding along the minor axis (Figures 4-6 and [68]).
Regarding claim 10, Kamino discloses a solar cell module in Figures 4-6, comprising:
solar cells (3) ([66]-[68]); and
connecting components connected between adjacent solar cells ([68]), wherein each of the solar cells (3) comprises:
a first photoelectric conversion portion (9) comprising a first long side and a second long side formed along a major axis and parallel to each other, and a first short side and a second short side formed along a minor axis intersecting the major axis and parallel to each other (As shown in Figures 1 and 4, the cells can be rectangular with a short side and a long side), comprising a photoelectric conversion layer (CsFA Pk perovskite absorber layer, [84]), a first transport layer on one side of the photoelectric conversion layer (LiF layer, [84]), and a second transport layer on the other side of the photoelectric conversion layer (NiO layer, [84]), wherein the photoelectric conversion layer comprises a perovskite compound (Figures 6 and 9 and [84]);
a second photoelectric conversion portion (5), arranged below the second transport layer of the first photoelectric conversion portion (9) and having a different material or structure from the first photoelectric conversion portion (Figures 4-6 and 9, [55]-[58] and [83]-[84]);
a side insulating layer (15), formed to abut against the first long side of the first photoelectric conversion portion (9) (Figures 4-7 and [61]);
a first electrode (17 and 19), electrically connected to the first photoelectric conversion portion (9) on one surface of the first photoelectric conversion portion serving as a light-receiving surface (Figures 4-6 and [76] and [78]); and
a second electrode (6), electrically connected to the second photoelectric conversion portion (5) and arranged below the second photoelectric conversion portion (Figures 4-6, [68] and [77]);
wherein the first electrode comprises a pad portion (19) formed on the side insulating layer (15), and busbar electrodes (17) extending from the pad portion (19), spaced apart from each other, and protruding along the minor axis (Figures 4-6 and [68]).
Regarding claim 11, Kamino discloses all of the claim limitations as set forth above. Kamino additionally discloses that the second electrode of one of the solar cells and the pad portion of another solar cell adjacent to the one of the solar cells are electrically connected by overlapping adjacent solar cells (Figure 5 and [66]-[68]).
Regarding claim 12, Kamino discloses all of the claim limitations as set forth above. Kamino additionally discloses that each of the solar cells comprises a first overlapping portion overlapping with an adjacent upper solar cell, and a second overlapping portion overlapping with an adjacent lower solar cell (As discussed in claim 13, at least one cell is electrically connected to at least one other cell which reads on the module having an upper cell, middle cell and lower cell) and each of the connecting components comprises a conductive adhesive portion integrally arranged between the second overlapping portion of the upper solar cell and the first overlapping portion of the lower solar cell ([68] and [87]).
Regarding claim 13, Kamino discloses all of the claim limitations as set forth above. Kamino additionally discloses that the pad portion (19) and the conductive adhesive portion (ECA) contact with each other and are electrically connected (Figure 10 and [87]).
Regarding claim 14, Kamino discloses all of the claim limitations as set forth above. Kamino additionally discloses that the solar cells are arranged apart from one another (As shown in Figure 10, [68] and [87], the cells are separated by the electrically conductive adhesive layer (ECA)) and each of the connecting components connects the first electrode (17 and 19) of one solar cell and the second electrode (6) of another solar cell adjacent to the one solar cell (Figure 6 and [68]).
Regarding claim 15, Kamino discloses all of the claim limitations as set forth above. Kamino additionally discloses that the connecting component contacts with the pad portion (19) of the first electrode of one of the solar cells, entirely covers the second electrode (6) of the adjacent solar cell, and is electrically connected to the solar cells (Figure 9, Ag layer on the bottom of cell can be interpreted as part of the connecting component which entirely covers the ITO second electrode).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,484,366. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of U.S. Patent No. 12,484,366 contains all of the limitations of instant claim 1.
Conclusion
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/LINDSEY A BUCK/Primary Examiner, Art Unit 1728
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