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 .
Election/Restrictions
Claims 7-16 and 17-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II (light harvesting structure), Group III ( a method of manufacturing a photovoltaic device), and Species B (coating a portion of a substrate with an electron transport layer), there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 9/9/2025.
Applicant’s election without traverse of Group I and Species A drawn to claims 1-6 in the reply filed on 9/9/2025 is acknowledged.
Examiner’s Comment
Claims 12-16 should have a status identifier of withdrawn since they are drawn to Species B which is a non-elected Species.
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 1-6 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 1 recites “each perovskite layer having a corresponding width n, wherein a majority of the corresponding width n is greater or equal to 3” it is unclear how a width can be dimensionless. It is unclear if n is actually defining the number of layers, as shown in Fig. 1a of the instant specification within the two dimensional perovskite capping material or a width measurement. Further clarification and appropriate correction is required.
Claim 6 recites the limitation “C60/ALD-SnO2 or PCBM/BCP” it is unclear if the “/” symbol represent an alternative for instance C60 or ALD-SnO2 or if it represents both in combination for instance a C60 layer and an ALD-SnO2 layer. Furthermore, it is unclear what “ALD” is an acronym for. Further clarification and appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 and 6 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Aydin (US 20250024751 A1).
Regarding claim 1, Aydin discloses a photovoltaic device, comprising (See Fig. 1 [0028] and Figs. 4B and 4C):
a substrate (102);
a hole-transport layer coating (106) at least a portion of the substrate;
a light-harvesting heterostructure (110 and 112) coating at least a portion of the hole-transport layer, the light-harvesting heterostructure comprising:
a 3D perovskite material (110); and
a 2D perovskite capping material (112, see Fig. 4B and 4C) extending over at least a portion of the 3D perovskite material, the 2D perovskite capping material comprising:
one or more perovskite layers (402 [0032]), each perovskite layer having a corresponding width n, wherein a majority of the corresponding width n is greater or equal to 3 (note n can go higher than 2, see Figs. 4B and 4C and [0032] n can go up to 10) ; and
a spacer (404 [0032]) extending between two subsequent perovskite layers;
an electron-transport layer (114/116) coating at least a portion of the light-harvesting heterostructure; and
a pair of electrodes (104/105 and 118 [0028][0029]) operatively connected to the substrate, the hole-transporting layer, the light-harvesting heterostructure and the electron-transport layer.
Regarding claim 6, Aydin discloses all of the claim limitations as set forth above.
In addition, Aydin discloses wherein the electron-transport layer comprises PCBM/BCP ([0029] 114 and 116).
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.
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.
Claim(s) 2 and 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aydin (US 20250024751 A1).
Regarding claim 2, Aydin discloses all of the claim limitation as set forth above.
Aydin discloses that the perovskite can comprise ABX3, where A=organic or inorganic monovalent cation (e.g., MA+ (methylammonium), FA+ (formamidinium) or Cs+), B=divalent cation (e.g., Pb2+ or Sn 2+), and X=halogen (e.g., Cl−, Br− or I−) ([0031]).
Aydin discloses that the 3D perovskite can comprise Cs0.03(FA0.90MA0.10)0.97PbI 3 ([0028]), however does not explicitly disclose Cs0.05MA0.1FA0.85PbI3.
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the composition of the 3D perovskite of Aydin to have the claimed composition because Aydin discloses the same mix of anion and cations and discloses that the composition can be varied.
Regarding claim 3, Aydin discloses all of the claim limitation as set forth above.
Aydin discloses that the perovskite can comprise ABX3, where A=organic or inorganic monovalent cation (e.g., MA+ (methylammonium), FA+ (formamidinium) or Cs+), B=divalent cation (e.g., Pb2+ or Sn 2+), and X=halogen (e.g., Cl−, Br− or I−) ([0031]).
Aydin does not explicitly disclose that the perovskite layers each comprise a compound of general formula (FA)n-1PbnI3n-1.
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the composition of the 3D perovskite of Aydin so that the resulting 2D perovskite layer has the claimed composition because Aydin discloses the same mix of anion and cations of the perovskite can be varied and discloses that the composition can be varied.
Claim(s) 4 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aydin (US 20250024751 A1) as applied to claims 1 and 6 above and in further view of Li (Selection of Functional Spacer Cations for Efficient 2D/3D Perovskite Solar Cells).
Regarding claim 4, Aydin discloses all of the claim limitation as set forth above.
Aydin discloses an organic spacer layer between the 2D perovskite (404 [0032]), however does not disclose the claimed spacer layer.
Li discloses a variety of organic compound spacer layers can be used for a 2D perovskite including butylammonium and phenethylammonium (see Fig. 4 and Table 2) and furthermore discloses that a 2D spacer layer can be used as a capping layer on a 3D perovskite in a solar cell (see pg. 789-790).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the organic spacer compound of Aydin by using any of the organic spacer compounds as suggested by Li including the claimed compounds because Li discloses that this is an appropriate organic spacer compound for a 2D perovskite used as capping layer on a 3D perovskite layer in a solar cell.
The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945).
Regarding claim 5, Aydin discloses all of the claim limitation as set forth above.
Aydin discloses wherein the hole-transport layer comprises 2PACz ([0028]), however does not disclose NiOx.
Li discloses that 2PACz can be used as a hole transport layer in a 2D/3D or NiO (see Table 4).
It would have been obvious to one of ordinary skill in the art at the time of filing to replace the 2PACz hole-transport layer of Aydin with NiO as disclosed by Li because Li discloses that this is an appropriate hole transport layer for a 2D/3D perovskite solar cell.
The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVINA PILLAY whose telephone number is (571)270-1180. The examiner can normally be reached Monday-Friday 9:30-6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey T Barton can be reached at 517-272-1307. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DEVINA PILLAY
Primary Examiner
Art Unit 1726
/DEVINA PILLAY/ Primary Examiner, Art Unit 1726