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 .
Status of claims
The amendment to claims filed on 10/28/2025 is acknowledged. Claims 1 and 8-9 are amended. Claims 3-7, 11, 13, 18 and 22 are canceled. Currently, claims 1-2, 8-10, 12, 14-17 and 19-21 are pending in the application.
Previous prior art rejections are withdrawn in view of the above amendment.
Previous double patenting rejection over application No. 18/763,331 is withdrawn in view of the terminal disclaimer filed 10/28/2025.
Claims 1-2, 8-10, 12, 14-17 and 19-21 are rejected on a new ground of rejection. See the rejection below.
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 8, 12 and 19 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 8 depends on claim 1 and recites “the first sealing portion comprises a first layer in contact with the surface of the photoelectric conversion element” in lines 1-2, while claim 1 is amended to recite “the photoelectric conversion element has a surface supported by the supporting portion that is entirely covered and in contact with the second sealing portion” (emphasis added) in lines 17-18. Applicant has no support for a surface of the photoelectric conversion that is entirely covered and in contact with the second sealing portion, and also in contact with the first sealing portion in the originally filed 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 the cover portion from the outside of the exterior body toward the inside of the exterior body”, while claim 1 is amended to recite “the second sealing portion comprises a supporting portion supporting the photoelectric conversion element, the photoelectric conversion element is in contact with the first sealing portion and the second sealing portion, and the photoelectric conversion element has a surface supported by the supporting portion that is entirely covered and in contact with the second sealing portion, and all other surfaces of the photoelectric conversion element are entirely covered and in contact with the first sealing portion” in lines 13-20. Applicant has no support for such solar cell with the first sealing portion penetrating the cover portion to entirely cover and in contact with all other surfaces of the photoelectric conversion element in the originally filed disclosure. On the contrary, Applicant discloses a configuration that the first sealing portion (31) penetrating at least one selected from the group consisting of the supporting portion (10) and the cover portion (40) as claimed in claim 12, in which the first sealing portion (31) does not in contact with nor cover entirely all other surfaces of the photoelectric conversion element (see figs. 9-11) as claimed in claim 1.
Claim 19 depends on claim 1 and recites “at least one selected from the group consisting of a moisture getter material and a filler is provided between the exterior body and the photoelectric element” in lines 3-4; 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, and all other surfaces of the photoelectric conversion element are entirely covered and in contact with the first sealing portion” in lines 15-20, or nothing is between the exterior body and the photoelectric conversion element. Applicant has no support for a solar cell having contradictory configuration in the originally filed disclosure.
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 8-10, 12 and 19 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 8 depends on claim 1 and recites the limitation "the first sealing portion comprises a first layer in contact with the surface of the photoelectric conversion element" in lines 2-3. There is insufficient antecedent basis for “the surface” limitation in the claim. It is unclear if “the surface” recited in claim 8 is the same as or different from “all other surfaces” recited in “all other surfaces of the photoelectric conversion element are entirely covered and in contact with the first sealing portion” of claim 1.
Claim 9 depends on claim 1 and recites “a surface of the photoelectric conversion element supported by the supporting portion” in lines 2-3, while claim 1 is amended to recite “the photoelectric conversion element has a surface supported by the supporting portion” in line 17. It is unclear if “a surface” recited in claim 9 is the same as or different from “a surface” recited in claim 1.
Claims 10 and 12 are rejected on the same ground as claim 9.
Claim 19 depends on claim 1 and recites “at least one selected from the group consisting of a moisture getter material and a filler” in lines 1-2, and “at least one selected from the group consisting of a moisture getter material and a filler is provided between the exterior body and the photoelectric element” in lines 3-4; 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, and all other surfaces of the photoelectric conversion element are entirely covered and in contact with the first sealing portion” in lines 15-20, or nothing is between the exterior body and the photoelectric conversion element. The metes and bounds of the claimed invention cannot since the configuration recited in claim 19 cannot exist in the configuration recited in claim 1. In addition, it is unclear if “at least one selected from the group consisting of a moisture getter material and a filler” recited in lines 3-4 is the same as or different from “at least one selected from the group consisting of a moisture getter material and a filler” in lines 1-2.
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, 8-10, 12, 14-17, 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over Bullen (US 2021/0036174) as evidenced by Yamazaki et al. (US 2012/0205698), in view of Horiuchi et al. (WO 2021/010425), and further in view of Kato et al. (US 2012/0204961).
Regarding claims 1 and 14-17, Bullen discloses a solar cell comprising:
a photoelectric conversion element (see perovskite solar cell 204, figs. 2A-2B, [0006]) comprising a perovskite compound ([0026-0027]); and
an exterior body (201/202, or 201/202/203) surrounding the entire photoelectric conversion element, and comprising:
a first sealing portion (202, figs. 2A-2B) comprising a water vapor adjusting material such as aluminum oxide, zirconium oxide, or a resin (see [0049-0050] and table 1), and
a second sealing portion (see glass top structure 201, figs. 2A-2B) comprises glass;
wherein the first sealing portion (202) has a first exposed surface (or the outer surface) the exposed to an outside of the exterior body (201/202) and a second exposed surface (or the inner surface in contact with 204) exposed to an inside of the exterior body (201/202, see fig. 2A), and is continuous between the first exposed surface (or the outer surface) and the second exposed surface (or the inner surface, see fig. 2A);
wherein the second sealing portion (or glass structure) comprising a supporting portion (201) supporting the photoelectric conversion element (204, see fig. 2A);
Bullen discloses using the same material for the second sealing portion (e.g. glass) as claimed in claim 17, and the same water vapor concentration adjusting material (e.g. aluminum oxide, zirconium oxide, and resin) as claimed in claims 14-16. Therefore, the solar cell of Bullen will display the characteristic of the second sealing portion comprises a material (or glass) having an water vapor concentration permeability coefficient lower than that of the water vapor concentration adjusting material (or aluminum oxide, zirconium oxide, or resin) as claimed. See MPEP 2112.
Bullen shows the water vapor permeability coefficient (or water vapor transmission rate WVTR) of the water vapor concentration adjusting material (or aluminum oxide, zirconium oxide, or resin) being greater than 0 from 10-2 to 10-5 (see [0049-0050], table 1), while the water vapor concentration adjusting material of glass is less than 10-6 (see [0008] and [0015] of evidentiary reference to Yamazaki et al. or page 12 of Applicant’s specification). Therefore, the second sealing portion of Bullen comprising a material, e.g. glass, has a water vapor permeability coefficient lower than the water vapor concentration permeability coefficient of the water vapor concentration adjusting material (aluminum oxide, zirconium oxide or resin) of Bullen.
Bullen teaches the photoelectric conversion element to be perovskite-based as the light harvesting active layer (see [0026-0027]).
Bullen does not explicitly teach the photoelectric conversion element comprises a first electrode, a photoelectric conversion layer, and a second electrode in this order.
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 have used the perovskite-based photoelectric conversion element comprising a first electrode, a photoelectric conversion layer, and a second electrode in this order as taught by Horiuchi et al., because Bullen explicitly suggests a perovskite-based solar cell and 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.
Bullen shows arranging the first sealing portion (202) such that the photoelectric conversion element (204) is in contact with the first sealing portion (202) and the first sealing portion (202) covers and in contact with all the surfaces of the photoelectric conversion element (204, see fig. 2).
Bullen does not teach arranging the sealing portions such that the photoelectric conversion element is in contact with the second sealing portion such that the photoelectric conversion element has a surface supported by the supporting portion that is entirely covered an in contact with the second sealing portion, and all other surfaces of the photoelectric conversion element are entirely covered and in contact with the first sealing portion.
Kato et al. teaches arranging the first sealing portion (or 7 in figs. 1-2, or 12-13 in fig. 3) and the second sealing portion (or substrate 1 and 9 in fig. 1, 1 and 10 in fig. 2, or 1 in fig. 3) such that the photoelectric conversion element (2-6, figs. 1-3, [0131]) is in contact with the first sealing portion (7 or 12/13) and the second sealing portion (1/9, 1/10 or 1), and the photoelectric conversion element has a surface supported by the supporting portion (1/9, 1/10 or 1) that is entirely covered and in contact with the second sealing portion (1/9, 1/10 or 1) and all other surfaces of the photoelectric conversion element are entirely covered and in contact with the first sealing portion (7 or 12/13, see figs. 1-3). Kato et al. also teaches forming the first sealing portion (or the sealer) based on the protective performance, production cost and the like (see [0126]).
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 Bullen by arranging the first and second sealing portions such that the photoelectric conversion is in contact with the first sealing portion and the second sealing portion such that the photoelectric conversion element has a surface supported by the supporting portion that is entirely covered and in contact with the second sealing portion and all other surfaces of the photoelectric conversion element are entirely covered and in contact with the first sealing portion as taught by Kato et al., because Kato et al. teaches such arrangement would allow the first sealing portion (or the sealer 7 and 12/13) providing protective performance and lower production cost (see [0123] and [0126]), e.g. covering less surfaces of the photoelectric conversion element and thus reducing cost.
Regarding claim 2, modified Bullen discloses a solar cell as in claim 1 above, wherein Bullen teaches the exterior body (201/202) consists of the first sealing portion (202) and the second sealing portion (201).
Regarding claim 8, modified Bullen 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 said all other surfaces of the photoelectric conversion element (2-6, see fig. 3) and a second layer (13) disposed on the first layer (see fig. 3 of Kato et al.).
Regarding claim 9, modified Bullen discloses a solar cell as in claim 1 above, wherein Bullen teaches the second sealing portion (or glass) further comprises a cover portion (203) covering at least a portion of a surface of the photoelectric conversion element (204) supported by the supporting portion (201). Kato et al. also teaches the same (see substrate 8 in figs. 1-3).
Regarding claim 10, modified Bullen discloses a solar cell as in claim 9 above, wherein Bullen teaches the first sealing portion (202) is positioned between the supporting portion (201) and the cover portion (203, see fig. 2A). Kato et al. also teaches the same (see figs. 1-3).
Regarding claim 12, modified Bullen discloses a solar cell as in claim 9 above, wherein Bullen shows the cover portion (203) having a hole (206/207) 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 cover portion from the outside of the exterior body (202/203) toward the inside of the inside of the exterior body.
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) 1-2, 8-10, 14-17, and 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Shi et al. (“Accelerated Lifetime Testing of Organic-Inorganic Perovskite Solar Cells Encapsulated by Polyisobutylene”, Cite No. 20 of Other Documents in IDS 04/08/2025) as evidenced by Bullen (US 2021/0036174) and Yamazaki et al. (US 2012/0205698), in view of Kato et al. (US 2012/0204961).
Regarding claim 1, Shi et al. discloses a solar cell comprising:
a photoelectric conversion element comprising a first electrode, a photoelectric conversion layer containing a perovskite compound, and a second electrode in this order (see FTO/Planar perovskite/Au in abstract and fig. 1); and
an exterior body (PIB and glass, see fig. 1) surrounding the entire photoelectric conversion element (FTO/perovskite/Au, see fig. 1), and comprising:
a first sealing portion (PIB) comprising a water vapor concentration adjusting material (PIB), and
a second sealing portion comprising glass (see fig. 1 and abstract);
wherein the first sealing portion (PIB) has a first exposed surface (or the outer surface) exposed to an outside of the exterior body (PIB and glass) and a second exposed surface (or the inner surface) exposed to an inside of the exterior body (glass and PIB), and is continuous between the first exposed surface (or outer surface) and the second exposed surface (or inner surface, see fig. 1 and abstract);
wherein the second sealing portion (or glass) comprises supporting portion (see superstrate glass) supporting the photoelectric conversion element (see abstract and fig. 1);
wherein the photoelectric conversion element (FTO/perovskite/Au) is in contact with the first sealing portion (PIB) and the second sealing portion (glass and specifically the superstate glass, see abstract and fig. 1);
wherein the photoelectric conversion element (FT/perovskite/Au) has a surface (or the upper surface) supported by the supporting portion (or the superstrate glass) that is entirely covered and in contact with the second sealing portion (or the glass, and specifically the superstrate glass).
PIB or polyisobutylene has a water vapor permeability coefficient (or WVTR) to be 0.001 (see table 1 of evidentiary reference to Bullen). Glass has a water vapor permeability coefficient of less than 10-6 or less than 10-7 (see [0008] and [0015] of evidentiary to Yamazaki et al.). As such, the second sealing portion (glass) of Shi et al. comprises a material of glass having an water vapor concentration permeability coefficient lower than that of the concentration adjusting material (PIB – or polyisobutylene).
Shi et al. does not teach arranging the sealing portions such that all other surfaces of the photoelectric conversion element are entirely covered and in contact with the first sealing portion.
Kato et al. teaches arranging the first sealing portion (or 7 in figs. 1-2, or 12-13 in fig. 3) and the second sealing portion (or substrate 1 and 9 in fig. 1, 1 and 10 in fig. 2, or 1 in fig. 3) such that the photoelectric conversion element (2-6, figs. 1-3, [0131]) is in contact with the first sealing portion (7 or 12/13) and the second sealing portion (1/9, 1/10 or 1), and the photoelectric conversion element has a surface supported by the supporting portion (1/9, 1/10 or 1) that is entirely covered and in contact with the second sealing portion (1/9, 1/10 or 1) and all other surfaces of the photoelectric conversion element are entirely covered and in contact with the first sealing portion (7 or 12/13, see figs. 1-3). Kato et al. also teaches forming the first sealing portion (or the sealer) based on the protective performance, production cost and the like (see [0126]).
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 Bullen by arranging the first and second sealing portions such that all other surfaces of the photoelectric conversion element are entirely covered and in contact with the first sealing portion as taught by Kato et al., because Kato et al. teaches such arrangement would allow the first sealing portion (or the sealer 7 and 12/13) providing protective performance on the entire photoelectric conversion element (see figs. 1-3, [0123] and [0126]).
Regarding claim 2, modified Shi et al. discloses a solar cell as in claim 1 above, wherein Shi et al. teaches the exterior body (glass and PIB) consists of the first sealing portion (PIB) and the second sealing portion (glass, see abstract and fig. 1).
Regarding claim 8, modified Shi et al. 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 said all other surfaces of the photoelectric conversion element (2-6, see fig. 3) and a second layer (13) disposed on the first layer (see fig. 3 of Kato et al.).
Regarding claim 9, modified Shi et al. discloses a solar cell as in claim 1 above, wherein both Shi et al. and Kato et al. teach the second sealing portion (see glass of Shi et al. or substrates of Kato et al.) further comprises a cover portion (or cover glass of Shi et al. or substrate 8 of Kato et al.) covering at least a portion of a surface of the photoelectric conversion element (FTO/planar perovskite/Au of Shi et al. or 2-6 of Kato et al.) supported by the supporting portion (or the superstrate/top glass of Shi et al.; 1/10, 1/9 or 1 of Kato et al.; see abstract and fig. 1 of Shi et al., or figs. 1-3 of Kato et al.).
Regarding claim 10, modified Shi et al. disclose a solar cell as in claim 9 above, wherein both Shi et al. and Kato et al. teach the first sealing portion (PIB of Shi et al.; or 7 or 12/13 of Kato et al.) is positioned between the supporting portion (superstrate/top glass of Shi et al. or 1/10, 1/9 or 1 of Kato et al.) and the cover portion (bottom/cover glass of Shi et al. or 8 of Kato et al.; see abstract and fig. 1 of Shi et al. or figs. 1-3 of Kato et al.).
Regarding claims 14-16, modified Shi et al. discloses a solar cell as in claim 1 above, wherein Shi et al. and teaches the water vapor concentration adjusting material (PIB) is an organic material of a resin; and Kato et al. taches the water vapor concentration adjusting material (or the sealer) is an inorganic material of silicon nitride, silicon oxynitride, silicon oxide, aluminum oxide, zirconium oxide (see [0124] of Kato et al.).
Regarding claim 17, modified Shi et al. discloses a solar cell as in claim 1 above; wherein Shi et al. teaches the second sealing portion (glass) is glass (see abstract and fig. 1 of Shi et al.), and Kato et al. discloses the second sealing layer (or substrate) is one of selected from glass and resin (or plastic, see [0038] of Kato et al.).
Regarding claims 20-21, modified Shi et al. discloses all the structural and material limitations of the solar cell as in claim 1 above, the solar cell of Shi et al. will display the property/characteristic of the water vapor concentration in the region or first space in contact with the photoelectric conversion element, or in the first sealing portion to be 100ppm or more and 3000ppm or less. See MPEP 2112.
Claims 12 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over modified Shi et al. as applied to claims 9 and 1 above, and further in view of Bullen et al. (US 2021/0036174)
Regarding claim 12, modified Shi et al. discloses a solar cell as in claim 1 above.
Modified Shi et al. does not teach 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 et al. taches providing the first sealing portion (202) to penetrate the cover portion (203) from the outside of the exterior body (201/202/203) toward the inside of the exterior body (see fig. 2) to allow the electrical connection between the photoelectric conversion element (204) to an electrical device (210, [0053]).
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 Shi et al. by providing the first sealing portion to penetrate the cover portion to allow the electrical connection between the photoelectric conversion element to an electrical device as taught by Bullen et al.
Regarding claim 19, modified Shi et al. discloses a solar cell as in claim 1 above.
Modified Shi et al. does not disclose including at least one selected from the group consisting of a moisture getter material and a filler provided between the exterior body and the photoelectric conversion element.
Bullen discloses including a filler (or upper encapsulant material 202) between the exterior body (or glass top structure 201) and the photoelectric conversion element (204, fig. 2) to provide additional encapsulation of the photoelectric conversion element (204, see fig. 2).
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 Shi et al. by further including a filler between the exterior body and the photoelectric conversion element to provide additional encapsulation of the photoelectric conversion element as taught by Bullen.
Alternatively, claim(s) 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over modified Bullen or modified Shi et al. applied to claim 1 above, in view of Keite-Telgenbuscher et al. (US 2017/
Regarding claim 20-21, modified Shi et al. or 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), and even uses the same material for the water vapor concentrating adjusting material as claimed in claims 14-16.
Bullen 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 have the first sealing portion that is the region in contact with the photoelectric conversion element and the first space having the photoelectric conversion element positioned therein and surrounded by the exterior body of modified Bullen or modified Shi et al. to have a water vapor concentration 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, 8-10, 12, 14-17, and 19-21 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
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.
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THANH-TRUC TRINH
Primary Examiner
Art Unit 1726
/THANH TRUC TRINH/Primary Examiner, Art Unit 1726