Prosecution Insights
Last updated: April 18, 2026
Application No. 18/566,620

SOLAR CELL AND METHOD FOR MANUFACTURING SAME

Non-Final OA §102§103§112§DP
Filed
Dec 01, 2023
Examiner
MIHALIOV, DMITRI
Art Unit
2812
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Jusung Engineering Co. Ltd.
OA Round
1 (Non-Final)
68%
Grant Probability
Favorable
1-2
OA Rounds
3y 3m
To Grant
99%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allow Rate
13 granted / 19 resolved
At TC average
Strong +43% interview lift
Without
With
+42.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
21 currently pending
Career history
40
Total Applications
across all art units

Statute-Specific Performance

§103
53.6%
+13.6% vs TC avg
§102
28.5%
-11.5% vs TC avg
§112
14.5%
-25.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 19 resolved cases

Office Action

§102 §103 §112 §DP
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. Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statements (IDS) submitted on December 1, 2023; March 13, 2025; and July 14, 2025 were filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Title The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. The following title is suggested: --Solar Cell Including an Encapsulation Layer Comprising a Doped Metal Oxide or Oxynitride a nd a Method For Manufacturing t he Same-- Claim Rejections - 35 USC § 112(b) 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 appl icant regards as his invention. Claim s 7 and 9 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. Regarding Claim 7 , the limitation “ the first encapsulation layer and the second encapsulation layer are provided to fill an inner portion of the second separation portion ” is unclear as to what the claimed structure is. In particular, Claim 6 already establishes “a region between two adjacent unit cell s ” which the first encapsulation layer and the second encapsulation layer fill. Based on Applicant’s Specification, this “second separation portion” of the claim’s limitations seems to relate to the second separation portion (P3) of Fig. 1 (See also pgs. 11 and 12), which is already claimed as the region between two adjacent unit cells. Consequently, it is indiscernible what the relationship is between th e “ region between two adjacent unit cells ” and th e “ second separation portion ” . Based on Examiner’s best understanding therefore, the second separation portion will be defined as part of the region between two adjacent unit cells. For the purposes of this Office Action, Examiner will read Claim 7 as follows -- The solar cell of claim 6, wherein the solar cell layer comprises a plurality of first electrodes spaced apart from each other with a first separation portion therebetween, a plurality of perovskite solar cells provided on the plurality of first electrodes and spaced apart from each other by the region between two adjacent unit cells , wherein each of the plurality of perovskite solar cells include s a contact portion filled with a portion of each of the plurality of the first electrodes ; a plurality of second electrodes provided on the plurality of perovskite solar cells and in contact with the contact portion ; and the region between two adjacent unit cells comprises a second separation portion between the plurality of perovskite cell , wherein the first encapsulation layer and the second encapsulation layer are provided to fill the second separation portion. -- Regarding Claim 9, the limitation “ a connection line serially connecting one unit cell with one other unit cell through the contact portion, and the first encapsulation layer and the second encapsulation layer are provided to fill the contact portion ” is unclear as to what the claimed structure is. In particular, Claim 6 already establishes “a region between two adjacent unit cells” which the first encapsulation layer and the second encapsulation layer fill. Based on Applicant’s Specification, this “contact portion” of the claim’s limitations seems to relate to the contact portion (C) of Fig. 8 (See also pgs. 30 and 31), which is already claimed as the region between two adjacent unit cells. Consequently, it is indiscernible what the relationship is between the “ region between two adjacent unit cells ” and the “ contact portion ”. Based on Examiner’s best understanding therefore, the contact will be defined as part of the region between two adjacent unit cells. For the purposes of this Office Action, Examiner will read Claim 9 as follows -- The solar cell of claim 6, wherein the solar cell layer comprises a perovskite solar cell including a buffer layer which is provided on the perovskite solar cell and includes a film including a plurality of holes and a conductive layer filled into the plurality of holes, a substrate-type solar cell provided on the buffer layer, an electrode provided on the substrate-type solar cell, wherein the region between two adjacent unit cells comprises a contact portion; a connection line serially connecting one unit cell with one other unit cell through the contact portion; and the first encapsulation layer and the second encapsulation layer are provided to fill the second separation portion.-- 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 1-4, 12, 14 , 16, and 18 are rejected under 35 U.S.C. 102 FILLIN "Insert either \“(a)(1)\” or \“(a)(2)\” or both. If paragraph (a)(2) of 35 U.S.C. 102 is applicable, use form paragraph 7.15.01.aia, 7.15.02.aia or 7.15.03.aia where applicable." \d "[ 2 ]" (a)(1) as being FILLIN "Insert either—clearly anticipated—or—anticipated—with an explanation at the end of the paragraph." \d "[ 3 ]" anticipated by FILLIN "Insert the prior art relied upon." \d "[ 4 ]" Hayakawa et al. (2017/0309408), hereinafter Hayakawa. Regarding Claim 1 , Hayakawa teaches a solar cell ((1); Fig. 2, Paragraph [0077]) comprising: - a solar cell layer (‘laminate’ consisting of (2), (3), and (4); Fig. 2, Paragraph [0014] and [0077]) provided on a substrate ((6); Fig. 2, Paragraph [0077]) ; and - an encapsulation layer (‘inorganic layer’ (5); Fig. 2, Paragraphs [0015] and [0077]) provided on the solar cell layer (laminate) , wherein - the encapsulation layer (5) comprises metal oxide doped with a dopant material or metal oxynitride doped with a dopant material (See Paragraph [00 58 ] ‘metal oxide represented by the formula Zn a Sn b O c further contains silicon (Si) and/or alumunium (Al)’, i.e. dopants) , and - the metal oxide or the metal oxynitride comprises at least one metal selected from among a group consisting of W, Nb, and Sn (e.g. Sn, Paragraphs [0052]-[0053]) . Regarding Claim 2 , Hayakawa teaches a solar cell ((1); Fig. 2, Paragraph [0077]) of Claim 1, wherein : - the encapsulation layer comprises a first encapsulation layer contacting the solar cell layer and a second encapsulation layer which is formed on the first encapsulation layer and does not contact the solar cell layer (See Paragraphs [0062] and [0082], in the utilized embodiment the encapsulation layer would consist of a first encapsulation layer consisting of a planarizing resin layer (Paragraph [0062]) and a second encapsulation layer consisting of the inorganic layer and an encapsulation resin layer above it (Paragraph [0082]), and - the metal oxide doped with the dopant material or the metal oxynitride doped with the dopant material is included in the second encapsulation layer (the inorganic layer) , and the first encapsulation layer comprises an insulating material (planarizing resin layer) . Regarding Claim 3 , Hayakawa teaches a solar cell ((1); Fig. 2, Paragraph [0077]) of Claim 2, wherein : - the second encapsulation layer consists of a plurality of layers including different materials (the inorganic layer and the encapsulation resin layer) . Regarding Claim 4 , Hayakawa teaches a solar cell ((1); Fig. 2, Paragraph [0077]) of Claim 1, wherein : - the dopant material comprises a material enabling oxide to be formed in the metal oxide or the metal oxynitride (e.g. silicon (Si) or aluminum (Al) necessarily corresponding to silicon dioxide (SiO 2 ) or aluminum oxide (Al 2 O 3 ), respectively) , and a refractive index of oxide of the dopant material is lower than a refractive index of the metal oxide or a refractive index of the metal oxynitride (As would be known to one of ordinary skill in the art between the above oxides and the provided material Zn a Sn b O c , ZTO. Furthermore, Hayakawa states the purpose of the dopant is to enhance transparency (Paragraph [0059]), which is known with reduced refractive index, as supported by Applicant’s instant Specification, Pg. 18, Lines 1-3) . Regarding Claim 12 , Hayakawa teaches a solar cell ((1); Fig. 2, Paragraph [0077]) of Claim 1, wherein : - a protection layer (an ‘encapsulation resin layer’; Paragraph [0077]) is further provided on the encapsulation layer (5) . Regarding Claim 1 4 , Hayakawa teaches a method of manufacturing a solar cell ((1); Fig. 2, Paragraph [0077-0083]) comprising: - a process of forming a solar cell layer (formation of ‘laminate’ consisting of (2), (3), and (4); Fig. 2, Paragraph [0078]]) on a substrate ((6); Fig. 2, Paragraph [0077]) ; and -a process of forming an encapsulation layer (‘inorganic layer’ (5); Fig. 2, Paragraphs [0015] and [007 8 ]) on the solar cell layer (laminate) , and - a process of forming a protection layer (encapsulation resin; Paragraph [0078]) on the encapsulation layer (5) , wherein - the encapsulation layer (5) comprises metal oxide doped with a dopant material or metal oxynitride doped with a dopant material (See Paragraph [0058] ‘metal oxide represented by the formula Zn a Sn b O c further contains silicon (Si) and/or alumunium (Al)’, i.e. dopants) , and - the metal oxide or the metal oxynitride comprises at least one metal selected from among a group consisting of W, Nb, and Sn (e.g. Sn, Paragraphs [0052]-[0053]) . Regarding Claim 16 , Hayakawa teaches a method of manufacturing a solar cell ((1); Fig. 2, Paragraph [0077-0083]) of Claim 14, wherein : - the encapsulation layer comprises a first encapsulation layer contacting the solar cell layer (laminate) and a second encapsulation layer which is formed on the first encapsulation layer and does not contact the solar cell layer, (See Paragraph [0062], in the utilized embodiment the encapsulation layer would consist of a first encapsulation layer consisting of a planarizing resin layer (Paragraph [0062]) and a second encapsulation layer consisting of the inorganic layer (5)), and - the metal oxide doped with the dopant material or the metal oxynitride doped with the dopant material is included in the second encapsulation layer (the inorganic layer) , and the first encapsulation layer comprises an insulating material (planarizing resin layer) . Regarding Claim 18 , Hayakawa teaches a method of manufacturing a solar cell ((1); Fig. 2, Paragraph [0077-0083]) of Claim 14, wherein : - the dopant material comprises a material enabling oxide to be formed in the metal oxide or the metal oxynitride (e.g. silicon (Si) or aluminum (Al) necessarily corresponding to silicon dioxide (SiO 2 ) or aluminum oxide (Al 2 O 3 ), respectively) , and a refractive index of oxide of the dopant material is lower than a refractive index of the metal oxide or a refractive index of the metal oxynitride (As would be known to one of ordinary skill in the art between the above oxides and the provided material Zn a Sn b O c , ZTO. Furthermore, Hayakawa states the purpose of the dopant is to enhance transparency (Paragraph [0059]), which is known with reduced refractive index, as supported by Applicant’s instant Specification, Pg. 18, Lines 1-3) . Claims 6, 11, and 13 are rejected under 35 U.S.C. 102 FILLIN "Insert either \“(a)(1)\” or \“(a)(2)\” or both. If paragraph (a)(2) of 35 U.S.C. 102 is applicable, use form paragraph 7.15.01.aia, 7.15.02.aia or 7.15.03.aia where applicable." \d "[ 2 ]" (a)(1) as being FILLIN "Insert either—clearly anticipated—or—anticipated—with an explanation at the end of the paragraph." \d "[ 3 ]" anticipated by FILLIN "Insert the prior art relied upon." \d "[ 4 ]" H igashi et al. (201 0 /0309408), hereinafter H igashi . For clarity, an annotated version of Higashi Fig. 1, hereinafter Fig. 1A, is provided below. Regarding Claim 6 , H igashi teaches a solar cell ((1); Fig. 1A , Paragraph [00 37 ]) comprising: - a solar cell layer ( hereinafter ‘ SCL ’ consisting of (2 0 ), (3 0 ), and ( 50 ); Fig. 1A , Paragraph [00 38]) provided on a substrate (( 2 ); Fig. 1A , Paragraph s [00 38 ] and [0039] ) ; and - an encapsulation layer ((60) consisting of first layer (62) and second layer (61); Figs. 1A and Fig. 4, Paragraphs [0038] and [0065]) provided on the solar cell layer (SCL) , wherein the solar cell layer comprises a plurality of unit cells (individually (UC); Fig. 1A) serially connected with one another , the encapsulation layer (60) comprises a first encapsulation layer ( 62) contacting the solar cell layer (SCL) and a second encapsulation layer (61) which is formed on the first encapsulation layer ((62), See Paragraph [0064] and cross section of (A) in Fig. 4) and does not contact the solar cell layer ((62) being between) , and the first encapsulation layer and the second encapsulation layer (together (60)) are provided to fill a region between two adjacent unit cells ((SR); Fig. 1A) . Regarding Claim 11 , Higashi teaches a solar cell ((1); Fig. 1A, Paragraph [0037]) of Claim 6, further comprising : - a barrier layer ((10); Fig. 1A, Paragraph [0043]) provided between the substrate (2) and the solar cell layer (SCL) , wherein the encapsulation layer (60) is provided to cover an edge region of the barrier layer (extending portions of (10) to right and left in Fig. 1A) which is not covered by the solar cell layer (SCL) and is exposed . Regarding Claim 1 3, Higashi teaches a solar cell ((1); Fig. 1A, Paragraph [0037]) of Claim 6, wherein : - a protection layer ((3); Fig. 1A, Paragraph [0038]) is further provided on the encapsulation layer (60). 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. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over FILLIN "Insert the prior art relied upon." \d "[ 2 ]" Hayakawa, in view of Bush et al. (U.S. Pub. 2019/0221690), hereinafter Bush . Regarding Claim 5 , Hayakawa teaches a solar cell ((1); Fig. 2, Paragraph [0077]) of Claim 1 upon which it depends, but it does not teach: - the solar cell layer comprises a substrate-type solar cell and a perovskite solar cell. Bush teaches a solar cell comprising a solar cell layer ((600); Fig. 6, Paragraph [0062]) wherein: - the solar cell layer comprises a substrate-type solar cell ((602); Fig. 6, Paragraph [0031]) and a perovskite solar cell ((100); Fig. 6, Paragraph [0061]) . It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Bush into the device of Hayakawa such that the solar cell layer comprises a substrate-type solar cell and a perovskite solar cell . This would be due to the fact that doing so would improve energy-conversion efficiency and thermalization loss ( Bush , Paragraph [ 0008 ]). Claim s 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over FILLIN "Insert the prior art relied upon." \d "[ 2 ]" H igashi , in view of Bus h . Regarding Claim 7, Higashi teaches a solar cell ((1); Fig. 1A, Paragraph [0037]) of Claim 6, wherein : the solar cell layer (SCL) comprises a plurality of first electrodes ((20); Fig. 1A, Paragraph [0045]) spaced apart from each other with a first separation portion therebetween ((SP) Fig. 1A) , a plurality of solar cells ((30); Fig. 1A, Paragraph [0046]) provided on the plurality of first electrodes (20) and spaced apart from each other by the region between two adjacent unit cells (SR) , wherein each of the plurality of solar cells (30) includes a contact portion filled ((CR); Fig. 1A) with a portion of each of the plurality of the first electrodes (extended portion of (20); Fig. 1A) , and a plurality of second electrodes ((50); Fig. 1A, Paragraph [0045]) provided on the plurality of solar cells (30) and in contact with the contact portion (CR) . the region between two adjacent unit cells comprises a second separation portion (as a part of (SR); Fig. 1A) between the plurality of solar cells (30) , wherein the first encapsulation layer and the second encapsulation layer (together (60)) are provided to fill the second separation portion (necessarily as all of (SR) is filled) . Higashi does not explicitly state the plurality of solar cells are perovskite solar cells. Bush teaches a high performing perovskite solar cell with improved photo, moisture, and thermal stability ((110); Fig. 1, Paragraphs [0031] and [0038]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Bush into the device of Higashi such that the plurality of solar cells are perovskite solar cells . This would be due to the fact that doing so would incorporate a solar cell with improved performance ( Bush , Paragraph [ 0038 ]). Regarding Claim 8, Higashi teaches a solar cell ((1); Fig. 1A, Paragraph [0037]) of Claim 6, wherein : the solar cell layer (SCL) comprises a solar cell ((30); Fig. 1A, Paragraph [0046]) , a first electrode ((20); Fig. 1A, Paragraph [0045]) provided on a lower surface of the solar cell (bottom of (30)) , a second electrode ((50); Fig. 1A, Paragraph [0045]) provided on an upper surface of the solar cell (top of (30)) , and a connection line (consisting of (7) and (8); Fig. 1A, Paragraphs [0058] connecting the first electrode (50) of one unit cell (e.g. right of Fig. 1A) with the second electrode (50) of one other unit cell (e.g. left of Fig. 1A) , (Examiner also notes the alternative embodiment of Fig. 3, Paragraphs [0063] and [0064], which additionally covers this limitation) and the first encapsulation layer and the second encapsulation layer ((61) and (62) within (60)) contact the connection line (See Fig. 1A or Fig. 3) . Higashi does not explicitly state the solar cell layer comprises a substrate-type solar cell and a perovskite solar cell provided on the substrate-type solar cell . Bush teaches a solar cell comprising a solar cell layer ((600); Fig. 6, Paragraph [0062]) wherein: - the solar cell layer comprises a substrate-type solar cell ((602); Fig. 6, Paragraph [0031]) and a perovskite solar cell ((100); Fig. 6, Paragraph [0061]) provided on the substrate-type solar cell . It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Bush into the device of H igashi such the solar cell layer comprises a substrate-type solar cell and a perovskite solar cell provided on the substrate-type solar cell . This would be due to the fact that doing so would improve energy-conversion efficiency and thermalization loss ( Bush , Paragraph [ 0008 ]). Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over FILLIN "Insert the prior art relied upon." \d "[ 2 ]" H ayakawa , in view of Berry et al. ( U.S. Pub. 2024/0138164 ), hereinafter Berry . Regarding Claim 10 , Hayakawa teaches a solar cell ((1); Fig. 2, Paragraph [0077]) of Claim 1 upon which it depends, but it does not teach: - a barrier layer provided between the substrate and the solar cell layer, wherein the encapsulation layer is provided to cover an edge region of the barrier layer which is not covered by the solar cell layer and is exposed. Berry teaches a solar cell ((100); Fig. 1, Paragraph [0028]) comprising: - a barrier layer ((130); Fig. 1, Paragraph [0034]) provided between the substrate ((110); Fig. 1, Paragraph [0032]) and the solar cell layer (consisting of, e.g. (140), (160), and (190); Fig. 1, Paragraphs [0036], [0040], and [0046]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Berry into the device of Hayakawa such that a barrier layer provided between the substrate and the solar cell layer . The incorporation into the device of Hayakawa would necessarily result such that the encapsulation layer is provided to cover an edge region of the barrier layer which is not covered by the solar cell layer and is exposed . This would be due to the fact that doing so would mitigate diffusion of contaminants . ( Berry , Paragraph [ 0034 ]). Claim 15, 17, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over FILLIN "Insert the prior art relied upon." \d "[ 2 ]" H ayakawa , in view of Abiko et al. (U.S. Pub. 202 0 /02 63718 ), hereinafter Abiko . Regarding Claim 1 5 , Hayakawa teaches a method of manufacturing a solar cell ((1); Fig. 2, Paragraph [0077-0083]) comprising: - a process of forming a solar cell layer (formation of ‘laminate’ consisting of (2), (3), and (4); Fig. 2, Paragraph [0078]]) on a substrate ((6); Fig. 2, Paragraph [0077]) ; and -a process of forming an encapsulation layer (‘inorganic layer’ (5); Fig. 2, Paragraphs [0015] and [0078]) so that the encapsulation layer (5) contacts the solar cell layer (laminate) , and - a process of forming a protection layer (encapsulation resin; Paragraph [0078]) on the encapsulation layer (5) , wherein - the encapsulation layer (5) comprises metal oxide doped with a dopant material or metal oxynitride doped with a dopant material (See Paragraph [0058] ‘metal oxide represented by the formula Zn a Sn b O c further contains silicon (Si) and/or alumunium (Al)’, i.e. dopants) , and - the metal oxide or the metal oxynitride comprises at least one metal selected from among a group consisting of W, Nb, and Sn (e.g. Sn, Paragraphs [0052]-[0053]) . Hayakawa does not explicitly teach: - a process of forming an encapsulation layer on one surface of a protection layer; and - a process of stacking the encapsulation layer and the protection layer on one surface of the solar cell layer through application of pressure Abiko teaches a method of manufacturing a solar cell (Fig. 8, Paragraphs [0084]-[0086]) comprising: -a process of forming an encapsulation layer ((125a); Fig. 8a, Paragraph [0085] on one surface of a protection layer ((124); Fig. 8a, Paragraph [0085]) (Necessarily as they are combined before placement) ; and -a process of stacking the encapsulation layer (125a) and the protection layer (124) on one surface of the solar cell layer (consisting of, e.g. (102), (10 1 ) ; Fig. 8b, Paragraph [0050]) through application of pressure (‘press-bonded’, Paragraph [0086]) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Akibo into the method of Hayakawa such that the manufacturing method includes a process of forming an encapsulation layer on one surface of a protection layer; and a process of stacking the encapsulation layer and the protection layer on one surface of the solar cell layer through application of pressur e. This would be due to the fact that doing so would incorporate a formation method with improved reliability ( Akibo , Paragraph [ 0035 ]). Regarding Claim 17 , Hayakawa as modified by Akibo teaches a method of manufacturing a solar cell ((1); Fig. 2, Paragraph [0077-0083]) of Claim 15, wherein : - the encapsulation layer comprises a first encapsulation layer contacting the solar cell layer (laminate) and a second encapsulation layer which is formed on the first encapsulation layer and does not contact the solar cell layer, (See Hayakawa Paragraph [0062], in the utilized embodiment the encapsulation layer would consist of a first encapsulation layer consisting of a planarizing resin layer (Paragraph [0062]) and a second encapsulation layer consisting of the inorganic layer (5)), and - the metal oxide doped with the dopant material or the metal oxynitride doped with the dopant material is included in the second encapsulation layer (the inorganic layer) , and the first encapsulation layer comprises an insulating material (planarizing resin layer) . Regarding Claim 19 , Hayakawa as modified by Akibo teaches a method of manufacturing a solar cell ((1); Fig. 2, Paragraph [0077-0083]) of Claim 14, wherein : - the dopant material comprises a material enabling oxide to be formed in the metal oxide or the metal oxynitride (Hayakawa, e.g. silicon (Si) or aluminum (Al) necessarily corresponding to silicon dioxide (SiO 2 ) or aluminum oxide (Al 2 O 3 ), respectively) , and a refractive index of oxide of the dopant material is lower than a refractive index of the metal oxide or a refractive index of the metal oxynitride (As would be known to one of ordinary skill in the art between the above oxides and the provided material Zn a Sn b O c , ZTO. Furthermore, Hayakawa states the purpose of the dopant is to enhance transparency (Paragraph [0059]), which is known with reduced refractive index, as supported by Applicant’s instant Specification, Pg. 18, Lines 1-3) . 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 . Claims FILLIN "Pluralize \“Claim\” if necessary, insert \“is\” or \“are\” as appropriate, and insert the claim number(s) which are under rejection." 6 , 8, 9 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over C laim FILLIN "Pluralize \“Claim\” if necessary, insert \“is\” or \“are\” as appropriate, and insert the claim number(s) of the copending application.." 16 (dependent on Claim 12) of copending Application No. FILLIN "Insert the number of the reference copending application." 18/273,964 in view of FILLIN "Insert the secondary reference." Higashi . In regards to the claims, Claim 6 is unpatentable over Claim 12 of the copending application and in view of Higashi, while Claim 8 is unpatentable over Claim 13 of the copending application in view of Higashi, and Claim 9 is unpatentable over claim 16 of the copending application in view of Higashi . Claim 6 of Instant Application Claim 12 of 18/273,964 A solar cell comprising: (A tandem solar cell is necessarily a solar cell) a solar cell layer provided on a substrate; wherein the solar cell layer comprises a plurality of unit cells (In the copending application this plurality of cells are recognized by first and second units) a region between two adjacent unit cells. (This partition part is identified as the re g ion) serially connected with one another, (In the copending application this is specifically accomplished by a connection line) A tandem solar cell comprising: a first unit tandem solar cell where a first perovskite unit solar cell, a buffer layer, and a second solar cell provided on a substrate are sequentially stacked; a second unit tandem solar cell where a second perovskite unit solar cell, a buffer layer, and a second solar cell are sequentially stacked, the second unit tandem solar cell being provided on the substrate and being apart from the first unit tandem solar cell by a partition part; and a connection line connecting the first unit tandem solar cell to the second unit tandem solar cell. Claim 12 of copending Application No. 18/273,964 does not include: - an encapsulation layer provided on the solar cell layer, - the encapsulation layer comprises a first encapsulation layer contacting the solar cell layer and a second encapsulation layer which is formed on the first encapsulation layer and does not contact the solar cell layer, and - the first encapsulation layer and the second encapsulation layer are provided to fill a region between two adjacent unit cells . Higashi teaches a solar cell ((1); Fig. 1A, Paragraph [0037]) comprising: - an encapsulation layer ((60) consisting of first layer (62) and second layer (61); Figs. 1A and Fig. 4, Paragraphs [0038] and [0065]) provided on the solar cell layer (SCL) , - the encapsulation layer (60) comprises a first encapsulation layer (62) contacting the solar cell layer (SCL) and a second encapsulation layer (61) which is formed on the first encapsulation layer ((62), See Paragraph [0064] and cross section of (A) in Fig. 4) and does not contact the solar cell layer ((62) being between) the first encapsulation layer and the second encapsulation layer (together (60)) are provided to fill a region between two adjacent unit cells ((SR); Fig. 1A) . It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Higashi into the claimed device of Claim 12 of copending application 18/273,964 such that an encapsulation layer provided on the solar cell layer, the encapsulation layer comprises a first encapsulation layer contacting the solar cell layer and a second encapsulation layer which is formed on the first encapsulation layer and does not contact the solar cell layer, and the first encapsulation layer and the second encapsulation layer are provided to fill a region between two adjacent unit cells . This would be due to the fact that doing so would provide for weather resistance and improved water vapor barrier properties ( Higashi , Paragraph [ 0051 ]) . Claim 8 of Instant Application Claim 1 3 of 18/273,964 The solar cell of Claim 6, wherein : the solar cell layer comprises a substrate-type solar cell, a perovskite solar cell provided on the substrate-type solar cell, (As defined by Claim 12 of the copending application) a first electrode provided on a lower surface of the substrate-type solar cell, (Necessarily as the charge transport layer, understood as the instant ‘ first electrode’ is on the substrate, which the lower surface of the substrate-type solar cell faces) a second electrode provided on an upper surface of the perovskite solar cell, (Necessarily as the electrode pattern, understood as the instant ‘second electrode’ is on top of the second solar cell, which the upper surface of the perovskite cell faces) and a connection line connecting the first electrode of one unit cell with the second electrode of one other unit cell The tandem solar cell of claim 12 (as modified by Higashi): wherein the first perovskite unit solar cell comprises a first conductive charge transporting layer provided on the substrate, an electrode pattern is provided in a top surface of the second solar cell, and the connection line connects the electrode pattern, provided in the top surface of the second solar cell of the second unit tandem solar cell, to the first conductive charge transporting layer exposed at the contact part of the first perovskite unit solar cell. For the limitation “ the first encapsulation layer and the second encapsulation layer contact the connection line ” this is necessarily true as the first encapsulation layer and second encapsulation layer fills the region between two adjacent cells, wherein the connection line is present. Claim 9 of Instant Application Claim 1 6 of 18/273,964 The solar cell of Claim 6, wherein : the solar cell layer comprises a perovskite solar cell including a buffer layer which is provided on the perovskite solar cell and (As defined by Claim 12 of the copending application) includes a film including a plurality of holes and a conductive layer filled into the plurality of holes, a substrate-type solar cell provided on the buffer layer, (As defined by Claim 12 of the copending application) wherein the region between two adjacent unit cells comprises a contact portion; (Necessarily as part of the region between two adjacent cells, identified as the partition portion of the copending application) a connection line serially connecting one unit cell with one other unit cell through the contact portion; (As established in Claim 12 of the copending application) The tandem solar cell of claim 12 (as modified by Higashi): wherein the buffer layer comprises a film, including a plurality of first holes extending in a first direction and a plurality of second holes extending in a second direction intersecting with the first direction, and a conductive layer filled into the plurality of first and second holes, and the conductive layer contacts a top surface of each of the first and second perovskite unit solar cells and a bottom surface of the second solar cell. For the limitation “ the first encapsulation layer and the second encapsulation layer are provided to fill the contact portion ” this is necessarily true as the first encapsulation layer and second encapsulation layer fills the region between two adjacent cells, wherein the connection line is present. Claim 12 of copending Application No. 18/273,964 does not include: - an electrode provided on the substrate-type solar cell, Higashi teaches a solar cell ((1); Fig. 1A, Paragraph [0037]) comprising: - an electrode provided on the substrate-type solar cell ((50); Fig. 1A, Paragraph [0045]) . The limitation of “substrate-type solar cell” is necessarily fulfilled by its incorporation. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Higashi into the claimed device of Claim 16 of copending application 18/273,964 such that a n electrode provided on the substrate-type solar cell . This would be due to the fact that doing so would produce the expected result of providing a lower resistance contact point for the connection line ( Higashi , Paragraph s [ 00 45 ] and [0064] ) . This is a provisional nonstatutory double patenting rejection. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT DMITRI MIHALIOV whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-5220 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT weekdays 7:30 - 17:30 US Eastern Time . 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, FILLIN "SPE Name?" \* MERGEFORMAT Davienne Monbleau can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571) 272-1945 . 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. /D.M./ Examiner, Art Unit 2812 /DAVIENNE N MONBLEAU/ Supervisory Patent Examiner, Art Unit 2812
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Prosecution Timeline

Dec 01, 2023
Application Filed
Apr 01, 2026
Non-Final Rejection — §102, §103, §112 (current)

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