Prosecution Insights
Last updated: April 19, 2026
Application No. 18/615,991

SOLAR CELL AND PHOTOVOLTAIC MODULE

Final Rejection §103
Filed
Mar 25, 2024
Examiner
BUCK, LINDSEY A
Art Unit
1728
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Jinko Solar Co. Ltd.
OA Round
2 (Final)
49%
Grant Probability
Moderate
3-4
OA Rounds
3y 4m
To Grant
82%
With Interview

Examiner Intelligence

Grants 49% of resolved cases
49%
Career Allow Rate
332 granted / 679 resolved
-16.1% vs TC avg
Strong +34% interview lift
Without
With
+33.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
40 currently pending
Career history
719
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
42.2%
+2.2% vs TC avg
§102
25.5%
-14.5% vs TC avg
§112
24.8%
-15.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 679 resolved cases

Office Action

§103
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. 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 1-2, 4, 6-11, 14-15 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ahn (US 2018/0158976) in view of Hsieh et al. (US 2008/0190479). Regarding claim 1, Ahn discloses a solar cell in Figure 2, comprising: a bottom cell (silicon solar cell 111, 112, 113, [46]), a recombination layer (interlayer 114, 130, [51] and [65]), and a top cell (perovskite solar cell 120) stacked in a first direction ([62]); wherein the bottom cell (silicon solar cell) includes a first semiconductor conductive layer (113), a substrate (111), and a second semiconductor conductive layer (112) stacked in the first direction, and further includes at least one first electrode (150) formed on a side of the first semiconductor layer (113) facing away from the substrate (111), the second semiconductor conductive layer (112) has a first surface facing the top cell (upper surface of layer 112 in Figure 2, [45]-[47]); and wherein the recombination layer includes a dielectric layer (passivation layer 114) formed on at least a portion of the first surface and a first transparent conductive layer (130) formed on the dielectric layer and disposed between the dielectric layer (114) and the top cell (120) ([53]-[55] and [62]-[66]), wherein the dielectric layer (114) includes at least one through hole (openings G); and wherein the at least one through hole (openings G) is filled with a material having transparency greater than or equal to transparency of the dielectric layer (The material of the TCO 130 fills in the openings G of the dielectric layer 114 which has a transparency greater than the material of the dielectric layer, Figure 2, [62]-[68], [121]-[122] and [124]-[127]). Ahn does not disclose that the at least one through hole is filled with a material having a refractive index greater than a refractive index of the first transparent conductive layer. Hsieh discloses a multijunction solar cell in Figure 7 comprising a transparent layer stack (752) between two subcells (71 and 72) ([25]), wherein one of the transparent layers has a refractive index greater than the other transparent layer ([25], see DBR structure with different refractive indices). 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 Ahn such that the at least one through hole is filled with a material having a refractive index greater than a refractive index of the first transparent conductive layer, as taught by Hsieh, in order to maximize the light extraction efficiency of the device (Hsieh, [25]). Regarding claim 2, modified Ahn discloses all of the claim limitations as set forth above. Ahn additionally discloses that a ratio of an area of an orthographic projection of the dielectric layer on the first surface to an area of the first surface ranges from 0.5 to 1 ([121]-[122]). Regarding claim 4, modified Ahn discloses all of the claim limitations as set forth above. Ahn additionally discloses that the first transparent conductive layer (130) is formed on the dielectric layer (114) and covers one or more portions (openings G) of the first surface that are not covered by the dielectric layer (Figure 2, [121]-[122] and [124]-[127]). Regarding claims 6 and 7, modified Ahn discloses all of the claim limitations as set forth above. Ahn additionally discloses that the dielectric layer (114) includes at least two dielectric portions (Figure 2), and the at least one hole (openings G) spaces apart adjacent dielectric portions of the at least two dielectric portions, wherein the at least two dielectric portions interleave with the at least one hole along a second direction (Figure 2, see alternating openings and dielectric portions). Regarding claim 8, modified Ahn discloses all of the claim limitations as set forth above. Ahn additionally discloses a plurality of second electrodes (grid electrode 144) formed at intervals along a third direction (Figure 2 and [69]); wherein the plurality of second electrodes (144) are formed on a surface of the top cell away from the bottom cell in the first direction, and at least part of orthographic projections of the plurality of second electrodes on the dielectric layer is located on the at least two dielectric portions (Figure 2 and [69], it is noted that “located on” is a broad term and the second electrodes of Ahn are “located on” the dielectric layer 114 as well as the interlayer 130). Regarding claim 9, modified Ahn discloses all of the claim limitations as set forth above. Ahn additionally discloses that the second direction and the third direction have a same orientation, or are parallel to each other and have opposite orientations (The second and third direction have a same orientation as shown in Figure 2). Regarding claim 10, modified Ahn discloses all of the claim limitations as set forth above. Ahn additionally discloses that the orthographic projections of the plurality of second electrodes on the dielectric layer is located on the at least two dielectric portions (Figure 2 and [69], it is noted that “located on” is a broad term and the second electrodes and orthographic projections of the second electrodes of Ahn are “located on” the dielectric layer 114 as well as the interlayer 130). Regarding claim 11, modified Ahn discloses all of the claim limitations as set forth above. Ahn additionally discloses that a ratio of an area of an orthographic projection of the at least one hole (opening G) on the first surface to an area of orthographic projections of the at least two dielectric portions (portions of 114) on the first surface ranges from 0 to 10 (The exposed area which corresponds to the hole area is less than 30% of the total surface as discussed in [121]-[122]. Thus, the area ratio would be 30/70 =0.423 or less which is in the claimed range). Regarding claim 14, Ahn discloses a photovoltaic module in Figure 5, comprising: at least one cell string (interconnected cells), formed by connecting a plurality of solar cells ([99]-[100]); at least one encapsulation layer, configured to cover a surface of the at least one cell string ([99]-[100]); and at least one cover plate (front protective layer), configured to cover a surface of the at least one encapsulation layer away from the at least one cell string ([99]-[100]); wherein each solar cell of the plurality of solar cells (shown in Figure 2) includes: a bottom cell (silicon solar cell 111, 112, 113, [46]), a recombination layer (interlayer 114, 130, [51] and [65]), and a top cell (perovskite solar cell 120) stacked in a first direction ([62]); wherein the bottom cell (silicon solar cell) includes a first semiconductor conductive layer (113), a substrate (111), and a second semiconductor conductive layer (112) stacked in the first direction, and further includes at least one first electrode (150) formed on a side of the first semiconductor layer (113) facing away from the substrate (111), the second semiconductor conductive layer (112) has a first surface facing the top cell (upper surface of layer 112 in Figure 2, [45]-[47]); and wherein the recombination layer includes a dielectric layer (passivation layer 114) formed on at least a portion of the first surface and a first transparent conductive layer (130) formed on the dielectric layer and disposed between the dielectric layer (114) and the top cell (120) ([53]-[55] and [62]-[66]), wherein the dielectric layer (114) includes at least one through hole (openings G); and wherein the at least one through hole (openings G) is filled with a material having transparency greater than or equal to transparency of the dielectric layer (The material of the TCO 130 fills in the openings G of the dielectric layer 114 which has a transparency greater than the material of the dielectric layer, Figure 2, [62]-[68], [121]-[122] and [124]-[127]). Ahn does not disclose that the at least one through hole is filled with a material having a refractive index greater than a refractive index of the first transparent conductive layer. Hsieh discloses a multijunction solar cell in Figure 7 comprising a transparent layer stack (752) between two subcells (71 and 72) ([25]), wherein one of the transparent layers has a refractive index greater than the other transparent layer ([25], see DBR structure with different refractive indices). 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 Ahn such that the at least one through hole is filled with a material having a refractive index greater than a refractive index of the first transparent conductive layer, as taught by Hsieh, in order to maximize the light extraction efficiency of the device (Hsieh, [25]). Regarding claim 15, modified Ahn discloses all of the claim limitations as set forth above. Ahn additionally discloses that a ratio of an area of an orthographic projection of the dielectric layer on the first surface to an area of the first surface ranges from 0.5 to 1 ([121]-[122]). Regarding claims 18 and 19, modified Ahn discloses all of the claim limitations as set forth above. Ahn additionally discloses that the dielectric layer (114) includes at least two dielectric portions (Figure 2), and the at least one hole (openings G) spaces apart adjacent dielectric portions of the at least two dielectric portions, wherein the at least two dielectric portions interleave with the at least one hole along a second direction (Figure 2, see alternating openings and dielectric portions). Regarding claim 20, modified Ahn discloses all of the claim limitations as set forth above. Ahn additionally discloses a plurality of second electrodes (grid electrode 144) formed at intervals along a third direction (Figure 2 and [69]); wherein the plurality of second electrodes (144) are formed on a surface of the top cell away from the bottom cell in the first direction, and at least part of orthographic projections of the plurality of second electrodes on the dielectric layer is located on the at least two dielectric portions (Figure 2 and [69], it is noted that “located on” is a broad term and the second electrodes of Ahn are “located on” the dielectric layer 114 as well as the interlayer 130), wherein the second direction and the third direction have a same orientation, or are parallel to each other and have opposite orientations (The second and third direction have a same orientation as shown in Figure 2). Claims 1 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 2022/0209039) in view of Hsieh et al. (US 2008/0190479). Regarding claim 1, Lee discloses a solar cell in Figure 4, comprising: a bottom cell (silicon solar cell 410), a recombination layer (420, 460), and a top cell (perovskite solar cell 430) stacked in a first direction ([89]-[93]); wherein the bottom cell includes a first semiconductor conductive layer (412), a substrate (411), and a second semiconductor conductive layer (414) stacked in the first direction, and further includes at least one first electrode (440) formed on a side of the first semiconductor layer (412) facing away from the substrate (411), the second semiconductor conductive layer (414) has a first surface facing the top cell ([89]-[90]); and wherein the recombination layer includes a dielectric layer (hydrogen ion supply layer 460, [93] and [86]) formed on at least a portion of the first surface and a first transparent conductive layer (junction layer 420, [36] and [93]) formed on the dielectric layer and disposed between the dielectric layer (460) and the top cell (430) (Figure 4), wherein the dielectric layer (460) includes at least one through hole (openings 470 shown in Figure 4 and [93]); and wherein the at least one through hole (openings 470) is filled with a material having transparency greater than or equal to transparency of the dielectric layer (The material of the junction layer 420 fills in the openings of the dielectric layer 460 and can be a TCO material that has a transparency greater than the material of the dielectric layer, [36], [85]-[88] and [93]). Lee does not disclose that the at least one through hole is filled with a material having a refractive index greater than a refractive index of the first transparent conductive layer. Hsieh discloses a multijunction solar cell in Figure 7 comprising a transparent layer stack (752) between two subcells (71 and 72) ([25]), wherein one of the transparent layers has a refractive index greater than the other transparent layer ([25], see DBR structure with different refractive indices). 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 Lee such that the at least one through hole is filled with a material having a refractive index greater than a refractive index of the first transparent conductive layer, as taught by Hsieh, in order to maximize the light extraction efficiency of the device (Hsieh, [25]). Regarding claim 12, modified Lee discloses all of the claim limitations as set forth above. Lee additionally discloses that the bottom cell further includes a tunneling layer (413, [89]) and a first passivation layer (415, [89]-[90]); wherein the tunneling layer (413) is disposed between the second semiconductor conductive layer (414) and the substrate (411); and wherein the first passivation layer (415) is disposed on a surface of the first semiconductor conductive layer (412) away from the substrate (411) (Figure 4 and [89]-[90]), and the at least one first electrode (440) penetrates through the first passivation layer (415) and is in ohmic contact with the first semiconductor conductive layer (412) (Figure 4 and [89]-[90]). Claims 3 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Ahn (US 2018/0158976) in view of Hsieh et al. (US 2008/0190479), as applied to claims 1 and 14 above, in further view of Iannelli et al. (US 2016/0126401). Regarding claims 3 and 16, modified Ahn discloses all of the claim limitations as set forth above. Ahn additionally discloses that in the first direction, the thickness of the dielectric layer is 10-100 nm ([55]), but Ahn does not disclose that in the first direction, a ratio of a thickness of the dielectric layer to a thickness of the recombination layer ranges from 0.025 to 0.5. Iannelli discloses a multijunction solar cell in Figure 5 comprising a recombination layer (115) comprising a TCO layer (510) ([51]-[52]) having a thickness of 50-1000 nm ([46]). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to use the thickness taught by Iannelli for the TCO layer of Ahn, since it was a known suitable thickness for a TCO layer in a solar cell and one having ordinary skill in the art would have a reasonable expectation of success when doing so. Such a modification would result in a ratio of a thickness of the dielectric layer to a thickness of the recombination layer overlapping the claimed range. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Ahn (US 2018/0158976) in view of Hsieh et al. (US 2008/0190479), as applied to claim 1 above, in further view of Ji et al. (US 2009/0194161). Regarding claim 13, modified Ahn discloses all of the claim limitations as set forth above. Ahn additionally discloses that the top cell further includes a second transparent conductive layer (142, [71]-[72]), but Ahn does not disclose that the second transparent conductive layer has a refractive index decreasing in stages along the first direction. Ji discloses a solar cell (abstract) comprising a transparent conductive oxide electrode ([39]-[41]) having a refractive index decreasing in stages along a thickness direction (Figures 1 and 6, [6], [59]). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to replace the second transparent conductive layer of Ahn with the transparent conductive layer of Ji that has a refractive index decreasing in stages along the first direction, because such a modification would increase the light trapping in the device and improve the efficiency (Ji, [59]-[60]). Response to Arguments Applicant’s arguments have been considered but are moot as a result of the new grounds of rejection and the addition of the Hsieh reference. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. 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. 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, 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. 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. /LINDSEY A BUCK/Primary Examiner, Art Unit 1728
Read full office action

Prosecution Timeline

Mar 25, 2024
Application Filed
Jul 24, 2025
Non-Final Rejection — §103
Oct 28, 2025
Response Filed
Jan 23, 2026
Final Rejection — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
49%
Grant Probability
82%
With Interview (+33.5%)
3y 4m
Median Time to Grant
Moderate
PTA Risk
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