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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12 May 2026 has been entered.
Status of Claims
Claim 1 as amended in applicant’s response dated 12 May 2026 is presently under consideration. Claims 49 is cancelled by applicant’s amendment and thus claims 2-49 are presently cancelled.
Applicant’s amendments to the claims have overcome the prior rejections of indefiniteness under 35 U.S.C. 112(b) which are thus withdrawn.
Upon further search and consideration of applicant’s newly amended claim, new prior art was discovered and a new grounds of rejection is set forth below.
Claim Rejections - 35 USC § 103
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.
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 1 is rejected under 35 U.S.C. 103 as being unpatentable over Bende et al (WO 2015/012697A1) and further in view of Masuda et al (US 2014/0305504) and in further view of Nishi (JP H07312434A, reference made to attached English machine translation) and further in view of CHU (US 2017/0365755).
Regarding claim 1 Bende discloses a Photovoltaic (PV) cell, comprising:
(a) a semiconductor wafer, having a top surface that is intended to face a light source, and having a bottom surface that is opposite to said top surface (Top of page 7, Fig. 1a see: 10 substrate 10 comprising a semiconductor body);
wherein the bottom surface of the semiconductor wafer is covered by a bottom-side covering layer that comprises at least one of: a bottom-side encapsulation layer, a bottom- side lamination layer (Page 6, Fig. 1a see: inner electrically isolating sheet 12a on bottom of substrate 10);
(b) a metal foil, connected beneath the bottom-side covering layer (Page 6, Fig. 1a see: first electrically conductive sheet 12 beneath inner electrically isolating sheet 12a);
wherein the metal foil is an internal and integral part of a solar cell stack of said PV cell (Abstract, top of page 4, Fig. 1a see: first electrically conductive sheet 12 is internal and thus integral to the stack of sheets laminated on the back side of the substrate 10 and forming the solar cell);
wherein the metal foil collects and transports PV-generated electric power from a plurality of regions of the PV cell (Pages 6-7, Figs. 1a and 2 see: first electrically conductive sheet 12 connected to a plurality of regions of the substrate 10 by electrical connection materials 18);
(c) a Metal Foil Protection Layer, that comprises one or more encapsulation layers or lamination layers, connected beneath said metal foil, to provide mechanical protection to said metal foil and said PV cell (Pages 6-7, Fig. 1a see: further electrically isolating sheets 16 and 17 provided behind first electrically conductive sheet 12).
Bende does not explicitly disclose wherein the top surface of the semiconductor wafer is covered by a top-side covering layer that comprises at least one of: a top-side encapsulation layer, a top-side lamination layer or wherein the PV cell is flexible and rollable; wherein the semiconductor wafer has blind gaps that penetrate uniformly upward into between 75 percent and 99 percent of a total thickness of the semiconductor wafer, and that do not penetrate into an entirety of the total thickness of the semiconductor wafer; wherein said blind gaps that penetrate into the semiconductor wafer increase flexibility and mechanical resilience and mechanical shock absorption of said PV cell without fully dividing said semiconductor wafer; wherein at least some of said blind gaps contain a filler material having mechanical force absorption properties, which provides mechanical shock absorption properties to said PV cell.
Matsuda discloses a photovoltaic cell is flexible and rollable as the semiconductor wafer has blind gaps that penetrate uniformly upward into between 75 percent and 99 percent of a total thickness of the semiconductor wafer, and that do not penetrate into an entirety of the total thickness of the semiconductor wafer (Matsuda, [0010], [0027]-[0028] Fig. 2 see: power generation layer 1 of a Si semiconductor substrate with grooves 7 in a rear surface where said grooves have a depth of three-fourths of the thickness of the semiconductor substrate (75%)). Matsuda teaches this configuration allows the photovoltaic cell to deform and curve ([0044] Fig. 9).
Matsuda and Bende are combinable as they are directed to the field of solar cells.
It would have been obvious to one having ordinary skill in the art at the time of the invention to modify the device of Bende in view of Matsuda such that the PV cell of Bende is flexible and rollable as in Matsuda where the semiconductor wafer has blind gaps that penetrate uniformly upward into between 75 percent and 99 percent of a total thickness of the semiconductor wafer, and that do not penetrate into an entirety of the total thickness of the semiconductor wafer as in Matsuda (Matsuda, [0010], [0027]-[0028] Fig. 2 see: power generation layer 1 of a Si semiconductor substrate with grooves 7 in a rear surface where said grooves have a depth of three-fourths of the thickness of the semiconductor substrate (75%)) as Matsuda teaches this configuration allows the photovoltaic cell to deform and curve ([0044] Fig. 9).
Nishi teaches a solar cell which is flexible and rollable where the top surface of the semiconductor wafer is covered by a top-side covering layer that comprises at least one of: a top-side encapsulation layer, a top-side lamination layer (Nishi, [0008] Fig. 1 see: light transmitting resin 7 made of PET, which covers the light-receiving surface side of the substrate 1 and protects the surface of the substrate and/or thermoplastic resin filled around the substrate 1).
Nishi and modified Bende are combinable as they are directed to the field of solar cells.
It would have been obvious to one having ordinary skill in the art at the time of the invention to modify the device of Bende in view of Nishi such that the PV cell of Bende further comprises a top-side covering layer that comprises at least one of: a top-side encapsulation layer, a top-side lamination layer that covers the top surface of the semiconductor wafer as in Nishi (Nishi, [0008] Fig. 1 see: light transmitting resin 7 made of PET, which covers the light-receiving surface side of the substrate 1 and protects the surface of the substrate and/or thermoplastic resin filled around the substrate 1) for providing top surface protection.
Furthermore, regarding the claim 1 limitation “wherein at least some of said blind gaps contain a filler material having mechanical force absorption properties, which provides mechanical shock absorption properties to said PV cell” Matsuda teaches the gaps (grooves 7) can further include a filler material (insulating film 7a) such as an insulating resin (para [0045], Fig. 8) but does not explicitly disclose said filler material having mechanical force absorption properties, which provides mechanical shock absorption properties to said PV cell.
However, CHU teaches such grooved semiconductor wafers can further include an organic or inorganic filler material with air gap voids that provide a damper effect to absorb and dissipate vibration shock waves ([0098], [0110]-[0111], [0118], [0120] Figs. 7B and 9B see: semiconductor unit 11 with gap regions B filled with organic or inorganic flowable material 16 including voids or air gaps 17). Chu further teaches this can be applied to flexible solar cells (para [0122]).
CHU and modified Bende are combinable as they are both concerned with the field of flexible solar cells.
It would have been obvious to one having ordinary skill in the art at the time of the invention to modify the PV cell of modified Bende such that the filler material of the blind gaps of Bende is an organic or inorganic filler material with air gap voids as in CHU (Figs. 7B and 9B) as CHU teaches this allows the gaps with filler material and voids to provide a damper effect to absorb and dissipate vibration shock waves (CHU, [0098], [0110]-[0111], [0118], [0120] Figs. 7B and 9B see: semiconductor unit 11 with gap regions B filled with organic or inorganic flowable material 16 including voids or air gaps 17).
As such, regarding the claim 1 recitations of “wherein said blind gaps that penetrate into the semiconductor wafer increase flexibility and mechanical resilience and mechanical shock absorption of said PV cell without fully dividing said semiconductor wafer” and where the filler material has mechanical force absorption properties, which provides mechanical shock absorption properties to said PV cell” the examiner notes these recitations are directed to an intended use of the claimed PV cell.
A recitation directed to the manner in which a claimed apparatus is intended to be used does not distinguish the claimed apparatus from the prior art, if the prior art has the capability to so perform. See MPEP 2111.02, 2112.01 and 2114-2115.
The photovoltaic cell of Bende as modified by Matsuda includes grooves 7 which allow deformation and flexing/rolling of the power generation layer 1 ([0028], [0044] Figs. 2, 9) and due to this flexing and deformation (physical displacement) is thus considered fully capable of providing mechanical resilience and mechanical shock absorption to said semiconductor body as claimed and as said grooves are further provided with a filler as modified by CHU which provides a damper effect to absorb and dissipate vibration shock waves, said filler material thus has mechanical force absorption properties, which provides mechanical shock absorption properties to said PV cell.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW J GOLDEN whose telephone number is (571)270-7935. The examiner can normally be reached 11am-8pm.
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ANDREW J. GOLDEN
Primary Examiner
Art Unit 1726
/ANDREW J GOLDEN/Primary Examiner, Art Unit 1726
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