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 .
Specification
The following guidelines illustrate the preferred layout for the specification of a utility application. These guidelines are suggested for the applicant’s use.
Arrangement of the Specification
As provided in 37 CFR 1.77(b), the specification of a utility application should include the following sections in order. Each of the lettered items should appear in upper case, without underlining or bold type, as a section heading. If no text follows the section heading, the phrase “Not Applicable” should follow the section heading:
(a) TITLE OF THE INVENTION.
(b) CROSS-REFERENCE TO RELATED APPLICATIONS.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT.
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM.
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR.
(g) BACKGROUND OF THE INVENTION.
(1) Field of the Invention.
(2) Description of Related Art including information disclosed under 37 CFR 1.97 and 1.98.
(h) BRIEF SUMMARY OF THE INVENTION.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S).
(j) DETAILED DESCRIPTION OF THE INVENTION.
(k) CLAIM OR CLAIMS (commencing on a separate sheet).
(l) ABSTRACT OF THE DISCLOSURE (commencing on a separate sheet).
(m) SEQUENCE LISTING. (See MPEP § 2422.03 and 37 CFR 1.821 - 1.825). A “Sequence Listing” is required on paper if the application discloses a nucleotide or amino acid sequence as defined in 37 CFR 1.821(a) and if the required “Sequence Listing” is not submitted as an electronic document either on read-only optical disc or as a text file via the patent electronic system.
Claim Interpretation
With regard to the limitation “3T tandem solar cell” in claim 15, the limitation is interpreted in a manner consistent with the description of the last paragraph of page 1 of the as-filed specification.
Claim Objections
Claim 15 is objected to because of the following informalities: line 28 of claim 15 appears to contain a typographical error with regard to the recitation “wherein the first and the second tandem solar cell.” For the purpose of this office action, the recitation will be treated as if it states wherein the first and the second solar cells. Appropriate correction is required.
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.
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 1-11 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. Specifically, the as-filed specification does not describe each of the at least one-piece conductive elements comprises a plurality of continuous conductive sections, wherein for each contact portion at least one of the continuous conductive sections continuously extends from said contact portion to the third electrode. Claim 2-11 are rejected due to their respective dependence on claim 1.
Claims 1-11 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. Specifically, lines 23 and 24 of claim 1 recite “the at least one one-piece conductive element is connected to or forms a third electrode,” and lines 25 through 28 of claim 1 recite “wherein each of the at least one-piece conductive elements comprises a plurality of continuous conductive sections, wherein for each contact portion at least one of the continuous conductive sections continuously extends from said contact portion to the third electrode,” however, the manner in which the at least one one-piece conductive element forms a third electrode while at least one of the continuous conductive sections continuously extends from said contact portion to the third electrode is unclear. Claims 2-11 are rejected due to their respective dependence on claim 1.
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
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 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Bellanger et al. (US 2012/0180854) in view of Yang et al. (US 4,379,943) and further in view of Vermeersch et al. (US 2012/0097215).
Regarding claims 1 and 2, Bellanger discloses a 3T tandem solar cell
([0039],[0158]) comprising: a first solar cell (11 in Fig. 3B) comprising a first absorber layer [0167]) arranged between a first electrode on a side of the first solar cell facing incident light (10 in Fig. 3B) and a back contact on a side of the first solar cell facing away from the incident light (12 in Fig. 3B), a second solar cell (15 in Fig. 3B) comprising at least a second absorber layer ([0167]) arranged between a second electrode on a side of the second solar cell facing away from the incident light (16 in Fig. 3B) and a front contact on a side of the second solar cell facing the incident light (13 in Figures 3A and 3B; [0173]); a connecting layer arranged between the first and the second solar cell (14 in Figures 3A and 3B), the connecting layer forming an electrically conductive connection between the first and the second solar cell ([0039],[0158]); wherein the connecting layer comprises at least one electrically conductive, one-piece conductive element ([0181],[0198]) maintaining segregated electrical contact portions to the back contact of the first solar cell and the front contact of the second solar cell, respectively ([0181],[0182]; it is noted that the limitations “contact portions” does not require direct physical contact or the absence of intermediate components), and the at least one one-piece conductive element is connected to or forms a third electrode (9 in Fig. 3B; [0173] discloses third output terminal 9; it is noted that the limitation “connected to” does not require direct physical contact or the absence of intermediate components).
While Ballenger does disclose the back contact of the first solar cell and the front contact of the second solar cell are grid electrodes ([0173],[0195]), and while Bellanger does disclose examples of typical contact materials are: metals such as gold, zinc, nickel, aluminum, silver, molybdenum, tungsten, platinum, palladium; semi-metals and semiconductors such as germanium, transparent conducting oxides such as indium tin oxide, aluminum zinc oxide ([0182]), and further discloses the interlayer 19 includes ITO ([0176]), and additionally discloses at least the transparent component of the interlayer 19 optionally includes antireflection coatings at either interface of the transparent component ([0176]); Bellanger does not explicitly disclose the back contact is a first transparent conductive layer on a side of the first solar cell facing away from the incident light, and the front contact is a second transparent conductive layer on a side of the second solar cell facing the incident light.
Yang discloses a tandem solar cell (C6/L19) and further discloses a grid electrode deposited on the surface of a TCO layer (C10/L16-17). Yang further discloses the grid electrode uniformly collects current from the TCO layer to assure a good low series resistance for the device (C10/L23-25). Additionally, Yang discloses an anti-reflection layer is applied over the grid electrode and the areas of the TCO layer between the grid electrode areas (C10/L26-29).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to form the back contact of the first solar cell and the front contact of the second solar cell of Bellanger with a transparent conductive layer, as disclosed by Yang, because as taught by Yang, the grid electrode uniformly collects current from the TCO layer to assure a good low series resistance for the device (C10/L23-25).
Modified Bellanger discloses the at least one electrically conductive, one-piece conductive element (Bellanger - [0181],[0182],[0198]) maintaining contact portions to the first and second transparent conductive layers, respectively (Bellanger – [0181],[0182]; Yang - C10/L16-17; the disclosed regions of modified Bellanger which bond the sub-cells necessarily maintain contact portions to the respective transparent conductive layers (Yang – C10/L16-17); it is noted that the limitation “contact portions” does not require direct physical contact or the absence of intermediate components).
While modified Bellanger does disclose the gap between the component materials can be filled by solid media (Bellanger - [0198]), modified Bellanger does not explicitly disclose the at least one one-piece conductive element is embedded in EVA or POE.
Vermeersch discloses a tandem solar cell ([0001]) and further discloses the use of EVA for an interlayer ([0159]).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to use EVA, as disclosed by Vermeersch, as the solid media in modified Bellanger, because as taught by Vermeersch, mechanical protection, water vapor protection, shock absorbance, and an adhesive property are provided ([0152]).
Modified Bellanger discloses the one-piece conductive element comprises a plurality of continuous conductive sections (Bellanger – [0173]; 12 and 13 in Fig. 3B are continuous conductive sections), wherein for each contact portion at least one of the continuous conductive sections continuously extends from said contact portion to the third electrode (note: the limitation does not preclude an interpretation in which each contact portion is comprised of a continuous conductive section; it is further noted that 12 and 13 in Fig. 3B continuously extend to 9; the limitation “continuously extend” does not require direct physical contact, or the absence of intermediate components, between said contact portion and the third electrode).
With regard to the limitation “3T tandem solar cell,” statements in the preamble reciting the purpose or intended use of the claimed invention which do not result in a structural difference (or, in the case of process claims, manipulative difference) between the claimed invention and the prior art do not limit the claim and do not distinguish over the prior art apparatus (or process). See, e.g., In re Otto, 312 F.2d 937, 938, 136 USPQ 458, 459 (CCPA 1963); In re Sinex, 309 F.2d 488, 492, 135 USPQ 302, 305 (CCPA 1962). If a prior art structure is capable of performing the intended use as recited in the preamble, then it meets the claim. See, e.g., In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997) and cases cited therein, as it has been held that the recitation of a new intended use for an old product does not make a claim to that old product patentable. In re Schreiber, 44 USPQ2d 1429 (Fed. Cir. 1997). See also MPEP § 2111.02, §2112.02 and 2114-2115.
Regarding claim 3, modified Bellanger discloses all the claim limitations as set forth above. Modified Bellanger further discloses the first absorber layer comprises a first thin film material layer (Bellanger – [0041],[0079], claim 20).
Regarding claim 4, modified Bellanger discloses all the claim limitations as set forth above. Modified Bellanger further discloses the at least one one-piece conductive element (Bellanger – [0081],[0082],[0198]) contacts the first and second transparent conductive layer each at several contact portions (Bellanger – [0181],[0182]; Yang - C10/L16-17; the disclosed regions of the interlayer of modified Bellanger which bond the sub-cells necessarily contact each transparent conductive layer (Yang – C10/L16-17 at several contact portions; it is noted that the limitations “contacts” and “contact portions” do not require direct physical contact or the absence of intermediate components).
Regarding claim 5, modified Bellanger discloses all the claim limitations as set forth above. Modified Bellanger further discloses the at least one-piece conductive element (Bellanger – [0181]) extends in a plane of the connecting layer that extends substantially parallel to a surface of the tandem solar cell facing the incident light (Bellanger – interlayer depicted in Figures 3B and 4, respectively; [0174] – [0182]).
Regarding claim 6, modified Bellanger discloses all the claim limitations as set forth above. Modified Bellanger discloses in regions within the first solar cell in which the first absorber layer is connected neither to the first conductive layer nor to the first electrode, a first electrically insulating layer is arranged at the first absorber layer so that in these regions the first absorber layer is electrically insulated from the connecting layer (Bellanger – [0176] discloses interlayer 19 includes segregated regions including electrically insulating materials which satisfy the limitation requiring “a first electrically insulating layer arranged at the first absorber layer).
Regarding claim 7, modified Bellanger discloses all the claim limitations as set forth above. Modified Bellanger further discloses the first insulating layer is arranged such that the first electrode is electrically insulated from the at least one one-piece conductive element (Bellanger – the segregated regions including the electrically insulating material of [0176] between the regions of conducting material of [0181] satisfy the limitation “the first insulating layer is arranged such that the first electrode is electrically insulated from the at least one one-piece conductive element”).
Claims 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Bellanger et al. (US 2012/0180854) in view of Yang et al. (US 4,379,943) further in view of Vermeersch et al. (US 2012/0097215) and further in view of Schulte-Huxel et al. ("III-V/Si tandem cell to module interconnection - comparison between different operation modes”).
Regarding claim 15, Bellanger discloses a 3T tandem solar cell ([0039],[0158]) comprising: a first solar cell (11 in Fig. 3B) comprising a first absorber layer [0167]) arranged between a first electrode on a side of the first solar cell facing incident light (10 in Fig. 3B) and a back contact on a side of the first solar cell facing away from the incident light (12 in Fig. 3B; ), a second solar cell (15 in Fig. 3B) comprising at least a second absorber layer ([0167]) arranged between a second electrode on a side of the second solar cell facing away from the incident light (16 in Fig. 3B) and a front contact on a side of the second solar cell facing the incident light (13 in Figures 3A and 3B; [0173]); a connecting layer arranged between the first and the second solar cell (14 in Figures 3A and 3B), the connecting layer forming an electrically conductive connection between the first and the second solar cell ([0039],[0158]); wherein the connecting layer comprises at least one electrically conductive, one-piece conductive element ([0181],[0198]) maintaining segregated electrical contact portions to the back contact of the first solar cell and the front contact of the second solar cell, respectively ([0181],[0182]; it is noted that the limitations “contact portions” does not require direct physical contact or the absence of intermediate components), and the at least one one-piece conductive element is connected to or forms a third electrode (9 in Fig. 3B; [0173] discloses third output terminal 9; it is noted that the limitation “connected to” does not require direct physical contact or the absence of intermediate components).
While Ballenger does disclose the back contact of the first solar cell and the front contact of the second solar cell are grid electrodes ([0173],[0195]), and while Bellanger does disclose examples of typical contact materials are: metals such as gold, zinc, nickel, aluminum, silver, molybdenum, tungsten, platinum, palladium; semi-metals and semiconductors such as germanium, transparent conducting oxides such as indium tin oxide, aluminum zinc oxide ([0182]), and further discloses the interlayer 19 includes ITO ([0176]), and additionally discloses at least the transparent component of the interlayer 19 optionally includes antireflection coatings at either interface of the transparent component ([0176]); Bellanger does not explicitly disclose the back contact is a first transparent conductive layer on a side of the first solar cell facing away from the incident light, and the front contact is a second transparent conductive layer on a side of the second solar cell facing the incident light.
Yang discloses a tandem solar cell (C6/L19) and further discloses a grid electrode deposited on the surface of a TCO layer (C10/L16-17). Yang further discloses the grid electrode uniformly collects current from the TCO layer to assure a good low series resistance for the device (C10/L23-25). Additionally, Yang discloses an anti-reflection layer is applied over the grid electrode and the areas of the TCO layer between the grid electrode areas (C10/L26-29).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to form the back contact of the first solar cell and the front contact of the second solar cell of Bellanger with a transparent conductive layer, as disclosed by Yang, because as taught by Yang, the grid electrode uniformly collects current from the TCO layer to assure a good low series resistance for the device (C10/L23-25).
Modified Bellanger discloses the at least one electrically conductive, one-piece conductive element (Bellanger - [0181],[0182],[0198]) maintaining contact portions to the first and second transparent conductive layers, respectively (Bellanger – [0181],[0182]; Yang - C10/L16-17; the disclosed regions of modified Bellanger which bond the sub-cells necessarily maintain contact portions to the respective transparent conductive layers (Yang – C10/L16-17); it is noted that the limitation “contact portions” does not require direct physical contact or the absence of intermediate components).
While modified Bellanger does disclose the gap between the component materials can be filled by solid media (Bellanger - [0198]), modified Bellanger does not explicitly disclose the at least one one-piece conductive element is embedded in EVA or POE.
Vermeersch discloses a tandem solar cell ([0001]) and further discloses the use of EVA for an interlayer ([0159]).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to use EVA, as disclosed by Vermeersch, as the solid media in modified Bellanger, because as taught by Vermeersch, mechanical protection, water vapor protection, shock absorbance, and an adhesive property are provided ([0152]).
Modified Bellanger does not explicitly disclose a tandem solar module comprising a first and a second 3T tandem solar cell wherein the first and second solar cells each are the 3T tandem solar cell, wherein the first and second tandem solar cells are electrically connected in series and wherein the third electrode of the first tandem solar cell is electrically connected to the first and/or the second electrode of the second tandem solar cell.
Schulte-Huxel discloses a 3T tandem solar cell module (Fig. 1b) and further discloses first and second solar cells electrically connected in series (Fig. 1b) and wherein the third electrode of the first tandem solar cell is electrically connected to the second electrode of the second tandem solar cell (the middle terminal of the third tandem cell from the left in Fig. 1b is connected to the bottom electrode of the second tandem cell from the left).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to form a module, as disclosed by Schulte-Huxel, comprising two of the 3T tandem solar cells of modified Bellanger, because as evidenced by Schulte-Huxel, serially connecting the third electrode of a 3T tandem solar cell to a bottom (second) electrode of an adjacent 3T tandem solar cell amounts to the use of a known configuration in the art for the formation of 3T tandem solar cell modules, and one of ordinary skill in the art would have a reasonable expectation of success when forming a series interconnected 3T tandem solar cell module with the 3T tandem solar cells of modified Bellanger based on the teaching of Schulte-Huxel.
Regarding claim 16, modified Bellanger discloses all the claim limitations as set forth above. Modified Bellanger further discloses the third electrode of the first tandem solar cell and the one-piece conductive element of the second tandem solar cell are electrically insulated from one another (Schulte-Huxel – middle terminal of the third tandem cell from the left in Fig. 1b in relation to the middle terminal of the second tandem cell from the left).
With regard to the limitation “so that a charge carrier current cannot flow directly from the third electrode of the first tandem solar cell to the conductive element of the second tandem solar cell,” when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977).
Allowable Subject Matter
Claims 17 and 18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 04/20/2026 have been fully considered but they are not persuasive. Specifically, Applicant argues that amended claim 1 teaches a “direct” connection between the contact portion and the third electrode via the conductive elements. In response to Applicant’s argument, claim 1 does not require a direct connection between the contact portion and the third electrode via the conductive elements. As set forth in the office action, modified Bellanger discloses the one-piece conductive element comprises a plurality of continuous conductive sections (Bellanger – [0173]; 12 and 13 in Fig. 3B are continuous conductive sections), wherein for each contact portion at least one of the continuous conductive sections continuously extends from said contact portion to the third electrode (note: the limitation does not preclude an interpretation in which each contact portion is comprised of a continuous conductive section; it is further noted that 12 and 13 in Fig. 3B continuously extend to 9; the limitation “continuously extend” does not require direct physical contact, or the absence of intermediate components, between said contact portion and the third electrode).
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 TAMIR AYAD whose telephone number is (313) 446-6651. The examiner can normally be reached Monday - Friday, 8:30am - 5pm EST.
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, Jeffrey Barton can be reached at (571) 272-1307. 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.
/TAMIR AYAD/Primary Examiner, Art Unit 1726
Prosecution Insights