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 .
Specification
The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/12/24, 12/29/25 was filed in a timely manner; thus, the submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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)(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 is/are rejected under 35 U.S.C. 102(a)(2) as being unpatentable by Fukumoto (U.S. Pub. No, 11,387,421), hereinafter referred to as "Fukumoto ".
Fukumoto shows, with respect to claim #1, a perovskite solar cell comprising a laminate in which a hole transport layer (fig. #1, item 16) (column #7, line 53-55; column #19, line 15-25), a perovskite light absorption layer (fig. #2, item 14) (column #1, line 53-59; column #19, line 15-25), an electron transport layer (fig. #2, item 13) (column #7, line 51-55; column #19, line 15-25), and a source electrode (fig. #1, item 17) are sequentially laminated (column #7, line 66-67; column #8, line 1-11), wherein a transparent conductive oxide layer (combination layer of fig. #1, item 17) (column #9, line 56-67, column #10, line 1-16) is formed between the source electrode (fig. #1, item 17) and the electron transport layer (fig. #2, item 13) (column #10, line 25-32), and the transparent conductive oxide layer includes a semiconducting metal oxide (column #9, line 56-67; column #10, line 1-16; column #19, line 15-25).
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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(s) #2, 3, 7 are rejected under 35 U.S.C. 102(a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious, as shown in the rejection of claim #1 above, over Fukumoto (U.S. Pub. No, 11,387,421), hereinafter referred to as "Fukumoto".
Fukumoto substantially shows the claimed invention as shown in the rejection of claim #1 above.
Fukumoto further shows, with respect to claim #2, a perovskite solar cell comprising wherein the transparent conductive oxide layer (combination layer of fig. #1, item 17) (column #9, line 56-67, column #10, line 1-16) has a structure in which a first transparent conductive oxide layer, a semiconducting metal oxide layer, and a second transparent conductive oxide layer are sequentially laminated (column #7, line 53-55; column #7, line 66-67; column #8, line 1-11).
The Examiner notes that Fukumoto does not explicitly state that a structure wherein a first transparent conductive oxide layer, a semiconducting metal oxide layer, and a second transparent conductive oxide layer. However, that Examiner notes that Fukumoto shows, a combination layer of materials that could be collective constructed (anode; fig. #1, item 17) as shown in column #10, line 1-16 (consisting of CuI, indium tin oxide (ITO), SnO.sub.2, aluminum zinc oxide (AZO), indium zinc oxide (IZO), and gallium zinc oxide (GZO), and transparent conductive polymers). These materials may be used alone or in combination of two or more thereof. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, with respect to claim #2, to use the materials shown by Fukumoto, to construct the anode layer as needed for the design purposes, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Fukumoto further shows, with respect to claim #3, a perovskite solar cell comprising wherein the first transparent conductive oxide layer and the second transparent conductive oxide layer are each a transparent thin film of deposited indium tin oxide (ITO), fluorine doped tin oxide (FTO), Sb2O3 doped tin oxide (ATO), gallium doped tin oxide (GTO), tin doped zinc oxide (ZTO), gallium doped ZTO (ZTO:Ga), indium gallium zinc oxide (IGZO), indium doped zinc oxide (IZO) or aluminum doped zinc oxide (AZO), and the semiconducting metal oxide layer is a transparent thin film of titanium oxide (TiOx), tin oxide (SnOx), niobium oxide (NbOx), zinc oxide (ZnO), zirconium oxide (ZrOx), magnesium oxide (MgOx), vanadium oxide (VOX), chromium oxide (CrOx) or molybdenum oxide (MoOx) (column #7, line 53-55; column #7, line 66-67; column #8, line 1-11).
Fukumoto further shows, with respect to claim #7, a perovskite solar cell wherein the transparent conductive oxide layer has a light transmittance of 70% to 99% for a wavelength ranging from 350 to 1200 nm and a sheet resistance of 5 to 500 Ω/sq (column #9, line 56-67, column #10, line 1-16).
The Examiner notes that Fukumoto fails to state explicitly that the transparent conductive oxide layer has a light transmittance of 70% to 99% for a wavelength ranging from 350 to 1200 nm and a sheet resistance of 5 to 500 Ω/sq. However, the Examiner takes the position that is it well known that Indium tin oxide (ITO) thin films are transparent primarily across the visible light wavelength spectrum (about 380 nm to 780 nm), with peak transmittance exceeding 80% to 90% typically around 550 nm. Also, the Examiner takes the position that Indium Tin Oxide (ITO) sheet resistance typically ranges from 5 to 15 ohms per square (Ω/sq) for high-conductivity commercial grades up to several hundred Ω/sq for thinner or flexible variants, while maintaining high optical transparency above 80%. Where support for the Examiner’s position can be found in, “Fabrication and Characterization of Indium Tin Oxide Films”, Department of Mechanical Engineering, Yuan Ze University, Chung-Li - Taiwan, published 2017 Thus, "Products of identical chemical composition can not have mutually exclusive properties." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. Id. (Applicant argued that the claimed composition was a pressure sensitive adhesive containing a tacky polymer while the product of the reference was hard and abrasion resistant. "The Board correctly found that the virtual identity of monomers and procedures sufficed to support a prima facie case of unpatentability of Spada’s polymer latexes for lack of novelty.").
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Claim #4, 5 are rejected under 35 U.S.C. 103 as being unpatentable Fukumoto (U.S. Pub. No, 11,387,421), hereinafter referred to as "Fukumoto" as shown in the rejection of claim #2 above and in view of HE et al., (U.S. Pub. No. 2025/0008830), hereinafter referred to as "He".
Fukumoto substantially shows the claimed invention as shown in the rejection of claim #2 above.
Fukumoto in fails to show, with respect to claim #4, a perovskite solar cell wherein the first transparent conductive oxide layer and the semiconducting metal oxide layer have a thickness ratio of 1:0.05 to 0.25, and the second transparent conductive oxide layer and the semiconducting metal oxide layer have a thickness ratio of 1:0.05 to 0.25.
He teaches, with respect to claim #4, a perovskite solar cell wherein the first transparent conductive oxide layer (paragraph 0103) and the semiconducting metal oxide layer (paragraph 0112) have a thickness ratio of 1:0.05 to 0.25, and the second transparent conductive oxide layer and the semiconducting metal oxide layer have a thickness ratio of 1:0.05 to 0.25 (paragraph 0111).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, with respect to claim #4 to modified the invention of Fukumoto as modified by the invention of He, which teaches wherein the first transparent conductive oxide layer and the semiconducting metal oxide layer have a thickness ratio of 1:0.05 to 0.25, and the second transparent conductive oxide layer and the semiconducting metal oxide layer have a thickness ratio of 1:0.05 to 0.25, to incorporate a structural condition that allows one to efficiently equalize the energy levels of the conduction band (or the lowest vacant molecular orbit) of the transport layer and the work function of the metal thus providing an ohmic contact, absence of potential barriers (a Schottky contact) and level mismatch energy losses due to the unique low work function He.
Fukumoto in fails to show, with respect to claim #5, a perovskite solar cell wherein the first transparent conductive oxide layer and the second transparent conductive oxide layer each have an average thickness of 5 to 100 nm, and the semiconducting metal oxide layer has an average thickness of 3 to 50 nm.
He teaches, with respect to claim #5, a perovskite solar cell wherein the first transparent conductive oxide layer (paragraph 0103) and the second transparent conductive oxide layer (paragraph 0112) each have an average thickness of 5 to 100 nm, and the semiconducting metal oxide layer has an average thickness of 3 to 50 nm (paragraph 0111).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, with respect to claim #5 to modified the invention of Fukumoto as modified by the invention of He, which teaches wherein the first transparent conductive oxide layer and the second transparent conductive oxide layer each have an average thickness of 5 to 100 nm, and the semiconducting metal oxide layer has an average thickness of 3 to 50 nm, to incorporate a structural condition that allows one to efficiently equalize the energy levels of the conduction band (or the lowest vacant molecular orbit) of the transport layer and the work function of the metal thus providing an ohmic contact, absence of potential barriers (a Shottky contact) and level mismatch energy losses due to the unique low work function He.
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Claim #6 is/are rejected under 35 U.S.C. 103 as being unpatentable Fukumoto (U.S. Pub. No, 11,387,421), hereinafter referred to as "Fukumoto" as shown in the rejection of claim #1 above and in view of Huang et al., (U.S. Pub. No. 2023/0247845), hereinafter referred to as "Huang".
Fukumoto substantially shows the claimed invention as shown in the rejection of claim #1 above.
Fukumoto in fails to show, with respect to claim #6, a perovskite solar cell wherein the perovskite solar cell is a p-i-n-type perovskite solar cell, an n-i-p-type inverted perovskite solar cell, a tandem perovskite solar cell, or a tandem silicon/perovskite heterojunction solar cell.
Huang teaches, with respect to claim #6, a perovskite solar cell wherein the perovskite solar cell is a p-i-n-type perovskite solar cell, an n-i-p-type inverted perovskite solar cell, a tandem perovskite solar cell, or a tandem silicon/perovskite heterojunction solar cell (paragraph 0053, 0098, 0105).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, with respect to claim #6 to modified the invention of Fukumoto as modified by the invention of Huang, which teaches wherein the perovskite solar cell is a p-i-n-type perovskite solar cell, an n-i-p-type inverted perovskite solar cell, a tandem perovskite solar cell, or a tandem silicon/perovskite heterojunction solar cell, to incorporate a structural condition that allows higher efficiency limits, broader solar spectrum absorption, and better space utilization Huang.
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Claim #8, 9 are rejected under 35 U.S.C. 103 as being unpatentable Fukumoto (U.S. Pub. No, 11,387,421), hereinafter referred to as "Fukumoto" and in view of Bryant et al., (U.S. Pub. No. 2016/0111223), hereinafter referred to as "Bryant".
Fukumoto shows, with respect to claim #8, a method of manufacturing a perovskite solar cell, comprising: Step 1 of forming a transparent conductive oxide layer (combination layer of fig. #1, item 17) (column #9, line 56-67, column #10, line 1-16) on an electron transport layer (fig. #2, item 13) (column #10, line 25- 27; column #12, line 14-17) of a laminate in which a hole transport layer (column #7, line 51- 55), a perovskite light absorption layer (column #9, line 47- 50), and an electron transport layer (fig. #2, item 13) (column #7, line 51-55; column #19, line 15-25) are sequentially laminated; and Step 2 of forming a source electrode (fig. #1, item 17) (column #7, line 66-67; column #8, line 1-11) on the transparent conductive oxide layer, wherein the transparent conductive oxide layer includes a semiconducting metal oxide (column #11, line 38-45; column #9, line 56-67, column #10, line 1-7).
Fukumoto substantially shows the claimed invention, including the presents of a transparent conductive oxide layer and metal oxide layer, as shown in the rejection of claim #8 above.
Fukumoto fails to show a deposition process of a transparent conductive oxide layer.
Bryant teaches, with respect to claim #8, a method of manufacturing a perovskite solar cell comprising forming a transparent conductive oxide layer through a deposition process (paragraph 0068).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, with respect to claim #8 to modified the invention of Fukumoto as modified by the invention of Bryant, which teaches, a method of manufacturing a perovskite solar cell comprising forming a transparent conductive oxide layer through a deposition process, to incorporate a structural condition that have high-quality thin films at lower substrate temperatures with excellent electrical conductivity, as taught by Bryant.
Fukumoto shows, with respect to claim #9, a method of manufacturing a perovskite solar cell comprising, forming a first transparent conductive oxide layer (combination layer of fig. #1, item 17) (column #9, line 56-67, column #10, line 1-16) on an electron transport layer (fig. #2, item 13) (column #10, line 25- 27; column #12, line 14-17) of a laminate in which a hole transport layer (column #7, line 51- 55), a perovskite light absorption layer (column #9, line 47- 50), and an electron transport layer (fig. #2, item 13) (column #7, line 51-55; column #19, line 15-25) are sequentially laminated; Step 1-2 of forming a semiconducting metal oxide layer on the first transparent conductive oxide layer (column #10, line 29-32); and (column #11, line 38-45; column #9, line 56-67, column #10, line 1-7).
Fukumoto fails to show with respect to claim #9, a deposition process of a transparent conductive oxide layer forming a first transparent conductive oxide layer on the semiconducting metal oxide layer through a deposition process and forming a semiconducting metal oxide layer on the first transparent conductive oxide layer through a deposition process.
Bryant teaches, with respect to claim #9, a deposition process of a transparent conductive oxide layer forming a first transparent conductive oxide layer on the semiconducting metal oxide layer through a deposition process and forming a semiconducting metal oxide layer on the first transparent conductive oxide layer through a deposition process (paragraph 0068).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, with respect to claim #9 to modified the invention of Fukumoto as modified by the invention of Bryant, which teaches, a deposition process of a transparent conductive oxide layer forming a first transparent conductive oxide layer on the semiconducting metal oxide layer through a deposition process and forming a semiconducting metal oxide layer on the first transparent conductive oxide layer through a deposition process, to incorporate a structural condition that have high-quality thin films at lower substrate temperatures with excellent electrical conductivity, as taught by Bryant.
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Claim(s) #10 is/are rejected under 35 U.S.C. 102(a)(2) as being unpatentable by He et al., (U.S. Pub. No, 12,641,993), hereinafter referred to as "He(2)".
He(2) shows, with respect to claim #10, a tandem silicon/perovskite heterojunction solar cell (column #2, line 3-42), comprising a laminate (column #5, line 13-18) in which a drain electrode (fig. # 8, item 113) (column #16, line 34-43), a silicon solar cell (column #5, line 13-18, line 23-28), a recombination layer (column #16, line 66-67; column #17, line 1-5), a hole transport layer (fig. #3&8, item 108) (column #16, line 58-60), a perovskite light absorption layer (fig. #8, item 109), an electron transport layer (fig. #8, item 110) (column #16, line 2-7), and a source electrode (fig. # 8, item 113) are sequentially laminated (column #12, line 50-67; column #13, line 1-6), wherein a transparent conductive oxide layer (fig. #8, item 112) is formed between the source electrode (fig. # 8, item 113) and the electron transport layer (fig. #8, item 111) (column #16, line 34-38, 58-61), and the transparent conductive oxide layer includes a semiconducting metal oxide (column #10, line 15-19; column #16, line 24-33, 43-67; column #17, line 1-5)
EXAMINATION NOTE
The rejections above rely on the references for all the teachings expressed in the text of the references and/or one of ordinary skill in the art would have reasonably understood or implied from the texts of the references. To emphasize certain aspects of the prior art, only specific portions of the texts have been pointed out. Each reference as a whole should be reviewed in responding to the rejection, since other sections of the same reference and/or various combinations of the cited references may be relied on in future rejections in view of amendments.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Andre’ Stevenson whose telephone number is (571) 272 1683 (Email Address, Andre.Stevenson@USPTO.GOV). The examiner can normally be reached on Monday through Friday from 7:30 am to 4:30 pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Zandra Smith can be reached on 571-272 2429. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Andre’ Stevenson Sr./
Art Unit 2899
07/29/2026
/Brent A. Fairbanks/Supervisory Patent Examiner, Art Unit 2899
Prosecution Insights