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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/21/2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 2, 8, and 12 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 2 depends on claim 1 and recites “the exterior body consist of the first sealing portion and the second sealing portion” in lines 1-2, while claim 1 is amended to recites “the exterior body comprises a first sealing portion and a second sealing portion” in line 6 and “a cover portion directly covering at least a portion of a surface of the photoelectric conversion element that is covered and in contact with the first sealing portion” in lines 22-24. Applicant does not have support for the limitation in the originally filed disclosure. On the contrary, Applicant discloses the exterior body (1) comprising a first sealing portion (30), a second sealing portion (10) and a cover portion (40) throughout the disclosure (see figs. 3-7). In the configuration having a first sealing portion, a second sealing portion, and a cover portion, Applicant explicitly discloses exterior body does not consist of a first sealing portion and a second sealing portion.
Claim 8 depends on claim 1 and recites “the first sealing portion comprises a first layer in contact with a surface of the photoelectric conversion element that is covered an in contact with the first sealing portion, and a second layer disposed on the first layer” in lines 1-4, while claim 1 is amended to recites “the exterior body comprises a first sealing portion and a second sealing portion” in line 6 and “a cover portion directly covering at least a portion of a surface of the photoelectric conversion element that is covered and in contact with the first sealing portion” in lines 22-24. Applicant has no support for the limitation in the originally filed disclosure. Applicant discloses when the exterior body having a configuration of a first sealing portion, a second sealing portion, and a cover portion, there is no second layer (see figs. 3 and 6-7 of Applicant’s disclosure). When the exterior body having a configuration of a first sealing portion comprising a first layer and a second layer, there is no cover portion (40, see fig. 2 of Applicant’s disclosure)
Claim 12 depends on claim 1 and recites “the first sealing portion is provided to penetrate at least one selected from the group consisting of the supporting portion and cover portion from the outside of the exterior body toward the inside of the exterior body” in lines 1-4, while claim 1 is amended to recite “the photoelectric conversion element is in contact with the first sealing portion and the second sealing portion, the photoelectric conversion element has a surface supported by the supporting portion that is entirely covered and in contact with the second sealing portion, all surfaces of the photoelectric conversion element other than the surface supported by and in contact with the supporting portion, including an upper principal surface, are entirely covered and in contact with the first sealing portion, the solar cell further comprises a cover portion indirectly covering at least a portion of a surface of the photoelectric conversion element that is covered and in contact with the first sealing portion” in lines 15-24. Applicant has no support for the limitation in the originally filed disclosure. Applicant explicitly discloses a configuration having a configuration as claimed in claim 12 (figs. 9-12) does not have a configuration as claimed in claim 1 (figs. 3 and 6-7).
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 2, 8 and 12 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 2 depends on claim 1 and recites “the exterior body consist of the first sealing portion and the second sealing portion” in lines 1-2, while claim 1 is amended to recites “the exterior body comprises a first sealing portion and a second sealing portion” in line 6, and “a cover portion” in line 22. Applicant describes the cover portion (40) is a portion of the exterior body (1, see figs. 3-7). As such, claim 2 recites a configuration of the exterior body that is different from the configuration recited in claim 1, and omits “a cover portion” that is recited in claim 1. Therefore, claim 2 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01.
Claim 8 depends on claim 1 and recites “the first sealing portion comprises a first layer in contact with a surface of the photoelectric conversion element that is covered an in contact with the first sealing portion, and a second layer disposed on the first layer” in lines 1-4, while claim 1 recites “a cover portion directly covering at least a portion of a surface of the photoelectric conversion element that is covered and in contact with the first sealing portion” in lines 22-24. It is unclear if “a second layer” recited in claim 8 is the same as or different from “a cover portion” recited in claim 1.
Claim 12 depends on claim 1 and recites “the first sealing portion is provided to penetrate at least one selected from the group consisting of the supporting portion and cover portion from the outside of the exterior body toward the inside of the exterior body” in lines 1-4, while claim 1 is amended to recite “all surfaces of the photoelectric conversion element other than the surface supported and in contact with the supporting portion, including an upper principal surface, are entirely covered and in contact with the first sealing portion, the solar cell further comprises a cover portion indirectly covering at least a portion of a surface of the photoelectric conversion element that is covered and in contact with the first sealing portion, the first sealing portion is positioned between the supporting portion and the cover portion and a space defined by the first sealing portion and the cover portion is formed” in lines 19-27. The metes and bounds of the claimed invention cannot be determined. Claim 12 appears to claim a configuration of the exterior body that is completely different from the configuration of the exterior body recited in claim 1.
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 2, 8 and 12 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 2 depends on claim 1 and recites “the exterior body consist of the first sealing portion and the second sealing portion” in lines 1-2, while claim 1 is amended to recites “the exterior body comprises a first sealing portion and a second sealing portion” in lines 1-2, while claim 1 is amended to recite a configuration of an exterior body that includes a first sealing portion, a second sealing portion, and a cover portion. As such, claim 2 recites a configuration of an exterior body that is different from the configuration of the exterior body recited in claim 1, and therefore failing to further limit the subject matter of the claim upon which it depends and also failing to include all the limitation of the claim upon which it depends.
Claim 8 depends on claim 1 and recites “the first sealing portion comprises a first layer in contact with a surface of the photoelectric conversion element that is covered an in contact with the first sealing portion, and a second layer disposed on the first layer” in lines 1-4, and directs to a configuration as shown while claim 1 is amened to have the configuration as shown in figs. 3 and 6-7. As such, claim 8 fails to further limit the subject matter of the claim upon which it depends, and also fails to include all the limitations of the claim upon which it depends.
Claim 12 depends on claim 1 and recites “the first sealing portion is provided to penetrate at least one selected from the group consisting of the supporting portion and cover portion from the outside of the exterior body toward the inside of the exterior body” in lines 1-4 and directed to a configuration as shown in figs. 9-12 of Applicant disclosure; while claim 1 is amended to direct to a configuration as shown in figs. 3 and 6-7. As such, fails to further limit the subject matter of the claim upon which it depends, and also fails to include all the limitations of the claim upon which it depends.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies 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.
Claim(s) 1-2, 8, and 14-17 are rejected under 35 U.S.C. 103 as being unpatentable over Kato et al. (US 2012/0204961) in view of Horiuchi et al. (WO 2021/010425).
Regarding claims 1 and 14-17, Kato et al. discloses a solar cell comprising:
a photoelectric conversion element (see layers 2-6, figs. 1-3, [0020-0025]) comprising a first electrode (2, [0021]), a photoelectric conversion layer (see functional layers 3 and 5 and active layer 4, [0022-0024], and a second electrode (6, [0025]); and
an exterior body (see substrates 1 and 8, and sealer layer 7 in figs. 1-2; or substrates 1 and 8 and layers 12/13 in fig. 3) surrounding the entire photoelectric conversion element (2-6, see figs. 1-3), and comprising:
a first sealing portion (see sealer layer 7 in figs. 1-2 or 12/13 in fig. 3) comprising a water vapor adjusting material such as silicon nitride, silicon oxynitride, aluminum oxide, zirconium oxide, silicon oxide, and resin (see [0124]) as claimed in claims 14-16, and being arranged as claimed in claim 1 (see figs. 1-3), and
a second sealing portion (see substrate 1, figs. 1-3) being arranged as claimed in claim 1 and comprises glass or resin (see [0038]) as claimed in claim 17, and
a cover portion (see substrate 8, figs. 1-3) being arranged as claimed in claim 1.
Kato et al. teaches using the same materials for the water vapor concentration adjusting material of the first sealing portion as claimed in claims 14-16, and the same material for the second sealing portion as claimed in claim 17. Therefore, the second sealing portion of Kato et al. comprises a material having a water vapor permeability coefficient lower than that of the water vapor concentration adjusting material as claimed. See MPEP 2112.
Kato et al. does not explicitly teach active layer comprising a perovskite compound.
Horiuchi et al. discloses a perovskite-based comprising a first electrode (2a), a photoelectric conversion layer (3-6), and a second electrode (7a) in this order (see figs. 1-5).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the solar cell of Kato et al. by using perovskite compound as the active layer as taught by Horiuchi et al., because Horiuchi et al. teaches such perovskite-based solar cell is advantageous in terms of improvement of safety and inhibition of production cost ([0003] of Horiuchi et al.
Regarding claim 2, modified Kato et al. discloses a solar cell as in claim 1 above, wherein Kato et al. teaches including the first sealing portion (7 or 12/13) and the second sealing portion (1, see figs. 1-3). Therefore, Kato et al. teaches an exterior body (7 or 12/13 and 1) consists of the first sealing portion (7 or 12/13) and the second sealing portion (1).
Regarding claim 8, modified Kato et al. discloses a solar cell as in claim 1 above, wherein Kato et al. discloses the first sealing portion (12/13) comprising a first layer (12) in contact with a surface of the photoelectric conversion element (2-6) that is covered an in contact with the first sealing portion (12/13) and a second layer (13) disposed on the first layer (see fig. 3 of Kato et al.).
Regarding claim 19, modified Bullen discloses a solar cell as in claim 1 above, and teaches including a filler (see top encapsulant 202 layer) between the exterior body (or 201) and the photoelectric conversion element (204, see fig. 2A).
Regarding claims 20-21, modified Bullen discloses all the structural and material limitations of the claimed solar cell and using the same material as the water vapor concentration adjusting material as claimed and disclosed (see claim 1 above). The solar cell of modified Bullen will display the same property/characteristic of water vapor concentration in a region or in the first sealing portion to be 100ppm or more and 5000ppm or less.
Claim(s) 12 is rejected under 35 U.S.C. 103 as being unpatentable over modified Kato et al. (US 2012/0204961) as applied to claim 1 above, and further in view of Bullen (US 2021/0036174).
Regarding claim 12, modified Kato et al. discloses a solar cell as in claim 9 above.
Modified Kato et al. does not disclose the first sealing portion is provided to penetrate at least one selected from the group consisting of the supporting portion and the cover portion from the outside of the exterior body toward the inside of the exterior body.
Bullen shows the cover portion or the supporting portion (203) having a hole (206/207) to allow the electrical connection between the photoelectric conversion element (or the photovoltaic material 204) to the electrical device (210), and the first sealing portion (202) filling in the hole (206/207). As such, Bullen teaches the first sealing portion (202) is provided to penetrate the supporting portion from the outside of the exterior body (202/203) toward the inside of the exterior body to allow an electrical connection between the photoelectric conversion element and an electrical device.
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the solar cell of modified Kato et al. by having the first sealing portion penetrating the cover portion or the supporting portion from the outside of the exterior body toward the inside of the exterior body to allow an electrical connection between the photoelectric conversion element and the electrical device as taught by Bullen.
Claim(s) 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over modified Kato et al. (US applied to claim 1 above, in view of Keite-Telgenbuscher et al. (US 2017/
Regarding claim 20-21, modified Kato et al. discloses all the structural and material limitations of the claimed solar cell and using the same material as the water vapor concentration adjusting material as claimed and disclosed (see claim 1 above), and even uses the same material for the water vapor concentrating adjusting material as claimed in claims 14-16.
Modified Kato et al. does not explicitly disclose the characteristic/property of having a water vapor concentration in a region in contact with the photoelectric conversion element is 100 ppm or more and 5000 ppm or less, a water vapor concentration in the first sealing portion is 100 ppm or more and 5000 ppm or less, and the water vapor concentration in the first space where the photoelectric conversion element is positioned and surrounded by the exterior body is 100 ppm or more and 5000 ppm or less.
Keite-Telgenbuscher et al. discloses the water vapor concentration in the first sealing portion (or adhesive 6 in fig. 2) that is the region in contact with the photoelectric conversion element (3, fig. 2) and also the space having the photoelectric conversion element (3) positioned therein and surrounded by the exterior body (1/2 and 6, fig. 2) to be preferably less than 1000ppm and more preferably less than 500ppm (see [0144]).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the solar cell of modified Kato et al. by having the water vapor concentration of the first sealing portion preferably less than 1000ppm or less than 500ppm as taught by Keite-Telgenbuscher et al., because Keite-Telgenbuscher et al. teaches such concentration would allow the electronic arrangement to be protected reliably against the influence of permeates to increase lifetime and exhibiting sufficient translucency ([0045] and [0147]). In addition, it would have been obvious to one of ordinary skill in the art at the time of invention to have selected the overlapping portion of 100ppm or more and 1000ppm or less in the range less than 1000ppm disclosed by Keite-Telgenbuscher et al., or 100ppm or more and 500ppm or less in the range less than 500ppm disclosed by Keite-Telgenbuscher et al., because selection of overlapping portion of ranges has been held to be a prima facie case of obviousness. In re Malagari, 182 USPQ 549.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-2, 8, 12, 14-17 and 20-21 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.
Applicant argues Bullen and Shi independently do not teach the claimed invention. However, Applicant’s arguments are moot in view of the new ground of rejections. See the rejection above.
Conclusion
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THANH-TRUC TRINH
Primary Examiner
Art Unit 1726
/THANH TRUC TRINH/Primary Examiner, Art Unit 1726
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