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 with traverse of Group I, claims 1-9 and 15-18, in the reply filed on 7/15/2025 is acknowledged. The traversal is on the ground(s) that applicant argues that the inventions of Group I and Group II have unity of invention. This is not found persuasive because Groups I and II lack the same or corresponding special technical features and thus do not have unity of invention. The common technical features of Groups I and II are recited in claim 1. As discussed in the rejection below, claim 1 does not contain any special technical features that make a contribution over the prior art and thus Groups I and II do not have unity of invention.
The requirement is still deemed proper and is therefore made FINAL.
Claims 10-14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 7/14/2025.
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 7-9 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.
Claim 7 contains the limitations “A resized photovoltaic device being said first portion or said second portion as obtained by a physical separation, along said virtual axis X, in substantially two halves, of the photovoltaic device according to claim 1”. Claim 1, from which claim 7 depends, requires both the first and second portions of the substrate. The metes and bounds and the structure required to satisfy claim 7 are unclear. For the purpose of this Office Action, claim 7 will not be further treated on the merits.
Claims 8 and 9 are additionally rejected as being dependent on a rejected base claim and including all of the limitations thereof. For the purpose of this Office Action, claims 8 and 9 will not be further treated on the merits.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 7-9 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 7 contains the limitations “A resized photovoltaic device being said first portion or said second portion as obtained by a physical separation, along said virtual axis X, in substantially two halves, of the photovoltaic device according to claim 1”. Claim 1, from which claim 7 depends, requires both the first and second portions of the substrate. Thus, claim 7 does not include all of the limitations of the claim upon which it depends and is an improper dependent claim. For the purpose of this Office Action, claim 7 will not be further treated on the merits.
Claims 8 and 9 are additionally rejected as being dependent on a rejected base claim and including all of the limitations thereof. For the purpose of this Office Action, claims 8 and 9 will not be further treated on the merits.
Applicant may cancel the claims, amend the claims to place the claims in proper dependent form, rewrite the claims in independent form, or present a sufficient showing that the dependent claims comply with the statutory requirements.
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.
Claims 1-6 and 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (CN 106158990 A, see English machine translation previously provided for mapping) in view of Naito et al. (WO 2012/118114 A1, see English machine translation for mapping).
Regarding claim 1, Wang discloses an interdigitated back contact photovoltaic device in Figures 3 and 4 comprising a silicon-based substrate being of a p-type or n-type doping and having a first face defining a horizontal X-Y plane and a vertical direction Z orthogonal to said horizontal X-Y plane (N-type silicon wafer 1, [35]);
a patterned silicon layer comprising a plurality of first-type structures, being p-type or n-type doped structures, and a plurality of second-type structures, being of the type opposite to said first-type, said first-type structures and second-type structures being of an alternating polarity type (alternating p-type doped regions 3 and n-type doped regions 3, [35]),
wherein said silicon-based substrate (1), comprising said patterned silicon layer, is divided in a first portion and a second portion, the intersection of the two portions defining a virtual separation axis comprising a device center (As discussed in [38] and shown in Figures 3-4, the wafer is divided into an upper and lower half),
said first portion comprises, arranged on said first-type structures and second type structures, a plurality of electrical contacts aligned as a first series of parallel first columns defining alternating positive and negative polarities, said first columns being orthogonal to said virtual axis (See electrodes 4, [35]-[36] and Figure 4),
said second portion comprises, arranged on said second-type structures and said first-type structures, a plurality of electrical contacts (4) aligned as a second series of parallel second columns defining alternating negative and positive polarities, said second columns being orthogonal to said virtual axis (See electrodes 4, [35]-[36] and Figure 4), each of the electrical contacts of said first columns have, in the length orthogonal to said virtual axis, a polarity opposite to the polarity of the electrical contacts of a collinear second column (Figures 3-4 and [35]-[39], see alternating p and n regions in each collinear column).
Wang additionally discloses that the first and second portion can have mirror symmetry (Figures 3-4), but Wang does not disclose that the second portion is identical to said first portion when virtually rotated, in said X-Y plane, by 180 degrees relative to said device center as virtual rotation center, and said second portion comprises to a side of the second portion away from said virtual axis, at least one corner that is not a rectangular corner and said first portion comprises, to a side of the first portion away from said virtual axis, at least one corner that is not a rectangular corner.
Naito discloses an interdigitation back contact photovoltaic cell in Figure 5 comprising a first half (10a) and a second half (10b), wherein the second half is identical to said first half when virtually rotated, in said X-Y plane, by 180 degrees relative to said device center as virtual rotation center (O1) (Figure 5 and Page 13, 1st and second half have 180 degree rotational symmetry), and said second half comprises to a side of the second portion away from said virtual axis, at least one corner that is not a rectangular corner and said first half comprises, to a side of the first portion away from said virtual axis, at least one corner that is not a rectangular corner (Figures 5 and 7 and Page 12, the corners or the cell are cut which results in an angled corner).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the device of Wang such that the second portion is identical to said first portion when virtually rotated, in said X-Y plane, by 180 degrees relative to said device center as virtual rotation center, and said second portion comprises to a side of the second portion away from said virtual axis, at least one corner that is not a rectangular corner and said first portion comprises, to a side of the first portion away from said virtual axis, at least one corner that is not a rectangular corner, as taught by Naito, because such a modification would result in the combination of prior art elements according to known methods to yield predictable results.
Regarding claim 2, modified Wang discloses all of the claim limitations as set forth above. Naito additionally discloses that the number N of first columns and second columns are equal and/or is a pair number (Naito, Page 4, alternating number of pair columns which reads on a “pair number”).
Regarding claims 3 and 15, modified Wang discloses all of the claim limitations as set forth above. Wang additionally discloses that at least a part of said first columns and at least a part of said second columns comprises an electrical connection layer (welding strips 7 and 8) connecting the electrical contacts (4) (Figures 4-5 and [34]-[35]).
Regarding claims 4-5 and 16-17, modified Wang discloses all of the claim limitations as set forth above. Wang additionally discloses wherein said electrical contacts are realized in apertures realized in a deposited layer comprising a plurality of isolating portions arranged onto said first type and second type of said patterned silicon layer (See mask layer and silicon nitride layer which read on deposited layer with isolating portions and have a apertures for the electrical contacts, [48]-[51]), wherein said deposited layer is a fully insulating layer arranged onto said patterned silicon layer (silicon nitride is an insulating layer, [48]).
Regarding claims 6 and 18, modified Wang discloses all of the claim limitations as set forth above. Wang additionally discloses that said first and said second portions are separated by a gap area, extending in the direction of said virtual X-axis and having a width defined in the Y- axis orthogonal to said virtual X-axis (Figures 3 and 4 and [18], upper and lower halves of cell are separated by a gap).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LINDSEY A BUCK whose telephone number is (571)270-1234. The examiner can normally be reached Monday-Friday 9am-5:30pm.
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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.
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/LINDSEY A BUCK/Primary Examiner, Art Unit 1728