DETAILED ACTION
This is the first office action on the merits for 18/871,122, which is a national stage entry of PCT/US2023/024466, filed 6/5/2023, which claims priority to provisional application 63/365,822, filed 6/3/2022.
Claims 1-4, 6-7, 10-20, and 23-25 are pending; Claims 1-4, 6-7, and 10-15 are considered herein.
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 .
Additional Prior Art
The Examiner wishes to apprise the Applicant of the following references, which are not currently applied in a rejection.
U.S. Patent 2020/0090876 A1: This reference teaches a layered structure with a combination of 2D and 3D perovskites. Paragraph [0072] further teaches multiple suitable deposition solvents.
Li, et al. (Adv. Mater. 2018, 30, 1505323): This reference teaches a single-step deposition of mixed 2D and 3D perovskites (Fig. 1).
Election/Restrictions
Applicant’s election without traverse of the invention of Group I, Claims 1-4, 6, 7, and 10-15 in the reply filed on 1/15/2026 is acknowledged.
Claim Objections
Claim 4 is objected to because of the following informalities: Claim 4 recites the term “Aation.” It appears that the intended term is “Cation.” Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2, 6, and 14-15 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.
The metes and bounds of Claim 2 are indefinite, because it is unclear how the number n is determined. Specifically, it is unclear what structure has the quantum well(s) on which “n” depends, and therefore, the metes and bounds of “n” are unclear.
Claim 6 recites “the single-crystal powder has a high phase purity of a desired n-value of at least 90%” The metes and bounds of this limitation are indefinite, because it is unclear to what the term “of a desired n-value” refers.
This limitation is further indefinite, because there is insufficient antecedent basis for “a single-crystal powder.” Therefore, it is unclear what is referred to by “the single-crystal powder.”
Claim 14 recites “a 2D perovskite layer having a phase purity of a desired n-value ranging from 90 to 95%.” The metes and bounds of this limitation are indefinite, because it is unclear to what the term “of a desired n-value” refers.
Claim 15 recites the limitation “T99.” This limitation is indefinite, because it is unclear what this term refers to.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3, 6, 10, 13, and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kore, et al. (Communications Materials (2021)2:100, provided in the IDS filed 12/2/2024).
In reference to Claim 1, Kore teaches a method comprising providing a 2-dimensional (2D) perovskite seed solution (i.e. a solution of 2D perovskite, from which a 2D perovskite can be seeded) comprising a 2D perovskite and a polar aprotic solvent (i.e. THF, “Synthesis of 2D Perovskites” section, column 1, page 8).
The method of Kore comprises layering the 2D perovskite seed solution onto a 3-dimensional (3D) perovskite layer to form a 3D/2D bilayer (“2D perovskite deposition” section, column 1, page 8).
The method of Kore comprises annealing the 3D/2D bilayer such that the aprotic polar solvent evaporates to form a perovskite heterostructure film (“2D perovskite deposition” section, column 1, page 8).
In reference to Claim 2, it is noted that Claim 2 is indefinite, as described above. The following represents the Examiner’s best understanding of the indefinite claim limitations.
Kore teaches that the 2D perovskite has a general formula (C18H37NH3)2PbI4.
It appears from the instant specification that the “n+1” term refers to the sum of the “L’” and “A” cations.
Therefore, it is the Examiner’s position that Kore teaches the limitations of claim 2, wherein the 2D perovskite has the formula of L'An+1BnX3n+1,wherein L' is a long chain organic cation (i.e. C18H37NH3), A is absent, B is a divalent metal (i.e. Pb2+), X is a monovalent anion (i.e. I-), and n is 1.
This disclosure further teaches the limitations of Claim 3, wherein n is less than 4 (i.e. 1).
In reference to Claim 6, it is noted that Claim 6 is indefinite, as described above. The following represents the Examiner’s best understanding of the indefinite claim limitations.
Kore teaches that the method of his invention comprises, prior to providing the 2D perovskite seed solution, forming and isolating single crystals of (C18H37NH3)2PbI4 (“Synthesis of 2D Perovskites” section, column 1, page 8).
Therefore, it is the Examiner’s position that this disclosure teaches the limitations of Claim 6, wherein the method comprises crystallizing the single-crystal powder (i.e. a crystalline solid of the 2D perovskites in single-crystalline needle form) such that the single-crystal powder has a high phase purity of a desired n-value of at least 90%, as measured by one or more of X-ray diffraction and optical absorption (i.e. is single crystalline, “Synthesis of 2D Perovskites” section, column 1, page 8).
In reference to Claim 10, Kore teaches that, when the 2D perovskite in THF is coated on the top of the 3D perovskite, the grain growth of the 3D perovskite is unaffected (paragraph 4, column 2, page 5).
Therefore, it appears that Kore teaches the limitations of Claim 10, wherein the 2D perovskite is soluble in the polar aprotic solvent (“Synthesis of 2D Perovskites” section, column 1, page 8), and the 3D perovskite is insoluble in the polar aprotic solvent.
In reference to Claim 13, Kore teaches that layering the 2D perovskite seed solution comprises: implementing spin casting (“2D perovskite deposition” section, column 1, page 8).
In reference to Claim 15, it is noted that Claim 15 is indefinite, as described above. The following represents the Examiner’s best understanding of the indefinite claim limitations.
Kore teaches that the perovskite heterostructure films of his invention made with C18H37NH3 have stable PCE for 100 days (Fig. 5c and associated text).
Therefore, it is the Examiner’s position that Kore’s disclosure meets the limitations of Claim 15, that the perovskite heterostructure film has a stability of T99>2000 hours (Fig. 5c).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Kore, et al. (Communications Materials (2021)2:100, provided in the IDS filed 12/2/2024), in view of Soe, et al. (J. Am. Chem. Soc. 2017, 139, 16297-16309).
In reference to Claim 4, Kore does not teach that the 2D perovskite is any of the materials in Claim 4.
To solve the same problem of providing a solar cell comprising a 2D perovskite, Soe teaches an alternating cation 2D perovskite, GAMA3PbI10 (Fig. 2), that is incorporated into a solar cell via dissolving the GAMA3PbI10 in a polar, aprotic solvent and spin-coating the 2D perovskite solution onto an underlying layer of a solar cell (“Solar Cell Device Fabrication,” column 1, page 16300).
Soe further teaches that devices made with the GAMA3PbI10 material of his invention have a high fill factor, i.e. ~80% (Conclusions, column 2, page 16307).
Therefore, absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art at the time the instant invention was filed to have used GAMA3PbI10 as the 2D perovskite material in the method of Kore, because it provides the its high fill factor.
Using GAMA3PbI10 as the 2D perovskite material in the method of Kore teaches the limitations of Claim 4, wherein the 2D perovskite is an alternating cation 2D perovskite.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Kore, et al. (Communications Materials (2021)2:100, provided in the IDS filed 12/2/2024), in view of Snaith, et al. (U.S. Patent Application Publication 2021/0359207 A1), and as evidenced by de Montigny, et al. (U.S. Patent 3,592,833).
In reference to Claim 7, THF does not have a dielectric constant (E) greater than or equal to 30.
To solve the same problem of providing a solvent for preparing a perovskite solar cell comprising a 2D perovskite layer, Snaith teaches that a mixed solvent of acetonitrile and methylamine is suitable for dissolving a 2D perovskite layer precursor (paragraph [0147]).
Snaith further teaches that this mixed solvent of acetonitrile and methylamine provides the benefit of having a low boiling point and low toxicity (paragraph [0005]).
Therefore, absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art at the time the instant invention was filed to have used a mixed solvent of methylamine and acetonitrile, instead of THF, as the solvent to dissolve the 2D perovskite precursor of Kore, because Snaith teaches that a mixed solvent of acetonitrile and methylamine is suitable for dissolving a 2D perovskite layer precursor (paragraph [0147]), and that this mixed solvent of acetonitrile and methylamine provides the benefit of having a low boiling point and low toxicity (paragraph [0005]).
Evidentiary reference de Montigny teaches that the dielectric constant of acetonitrile is 38.8 (column 2, lines 10-15).
Therefore, using a mixed solvent of methylamine and acetonitrile, instead of THF, as the solvent to dissolve the 2D perovskite precursor of Kore, teaches the limitations of Claim 7, wherein the polar aprotic solvent has a dielectric constant greater than or equal to 30.
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Kore, et al. (Communications Materials (2021)2:100, provided in the IDS filed 12/2/2024), in view of Snaith, et al. (U.S. Patent Application Publication 2021/0359207 A1).
In reference to Claim 11, Kore does not teach that the solvent is any of those listed in Claim 11.
To solve the same problem of providing a solvent for preparing a perovskite solar cell comprising a 2D perovskite layer, Snaith teaches that a mixed solvent of acetonitrile and methylamine is suitable for dissolving a 2D perovskite layer precursor (paragraph [0147]).
Snaith further teaches that this mixed solvent of acetonitrile and methylamine provides the benefit of having a low boiling point and low toxicity (paragraph [0005]).
Therefore, absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art at the time the instant invention was filed to have used a mixed solvent of methylamine and acetonitrile, instead of THF, as the solvent to dissolve the 2D perovskite precursor of Kore, because Snaith teaches that a mixed solvent of acetonitrile and methylamine is suitable for dissolving a 2D perovskite layer precursor (paragraph [0147]), and that this mixed solvent of acetonitrile and methylamine provides the benefit of having a low boiling point and low toxicity (paragraph [0005]).
Using a mixed solvent of methylamine and acetonitrile, instead of THF, as the solvent to dissolve the 2D perovskite precursor of Kore, teaches the limitations of Claims 11-12, wherein the polar aprotic solvent is acetonitrile.
Claims 2-4 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Kore, et al. (Communications Materials (2021)2:100, provided in the IDS filed 12/2/2024), in view of Sidhik, et al. (Memory seeds enable high structural phase purity in 2D perovskite films for high-efficiency devices, provided in the IDS dated 12/2/2024).
In reference to Claim 2, it is noted that Claim 2 is indefinite, as described above. The following represents the Examiner’s best understanding of the indefinite claim limitations.
If it is found that Kore does not teach the limitations of Claim 2, the following rejection is presented.
Kore does not teach that the 2D perovskite of his invention has the form recited in Claim 2.
It appears from the instant specification that the “n+1” term refers to the sum of the “L’” and “A” cations.
To solve the same problem of providing a 2D perovskite layer, Sidhik teaches a method in which 2D perovskite films of BA2MA2Pb3I10 are formed with high crystallinity and phase purity (final paragraph, page 3).
Therefore, absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art at the time the instant invention was filed to have formed the 2D perovskite layer of Kore from BA2MA2Pb3I10 using the phase-selective method of Sidhik, in order to achieve the taught benefits of forming a 2D perovskite with high phase purity and crystallinity.
Forming the 2D perovskite layer of Kore from BA2MA2Pb3I10 using the phase-selective method of Sidhik teaches the limitations of Claim 2, wherein the 2D perovskite has the formula of L'An+1BnX3n+1,wherein L' is a long chain organic cation (i.e. BA), A is MA, B is a divalent metal (i.e. Pb2+), X is a monovalent anion (i.e. I-), and n is 3.
Forming the 2D perovskite layer of Kore from BA2MA2Pb3I10 using the phase-selective method of Sidhik teaches the limitations of Claim 2, wherein n is less than 4, i.e. 3.
In reference to Claim 4, Kore does not teach that the 2D perovskite of his invention has the form recited in Claim 4.
To solve the same problem of providing a 2D perovskite layer, Sidhik teaches a method in which 2D perovskite films of BA2MA2Pb3I10 are formed with high crystallinity and phase purity (final paragraph, page 3).
Therefore, absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art at the time the instant invention was filed to have formed the 2D perovskite layer of Kore from BA2MA2Pb3I10 using the phase-selective method of Sidhik, in order to achieve the taught benefits of forming a 2D perovskite with high phase purity and crystallinity.
Forming the 2D perovskite layer of Kore from BA2MA2Pb3I10 using the phase-selective method of Sidhik teaches the limitations of Claim 4, wherein the 2D perovskite is a Ruddlesden-popper 2D perovskite.
In reference to Claim 14, it is noted that Claim 14 is indefinite, as described above. The following rejection represents the Examiner’s best understanding of the indefinite claim limitations.
Kore does not explicitly teach that the perovskite heterostructure film comprises a 2D perovskite layer having a phase purity of a desired n-value ranging from 90 to 95%.
To solve the same problem of providing a 2D perovskite layer, Sidhik teaches a method in which 2D perovskite films are formed with high crystallinity and phase purity (final paragraph, page 3).
Therefore, absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art at the time the instant invention was filed to have formed the 2D perovskite layer of Kore via the phase-selective method of Sidhik, in order to achieve the taught benefits of forming a 2D perovskite with high phase purity and crystallinity.
Forming the 2D perovskite layer of Kore via the phase-selective method of Sidhik teaches the limitations of Claim 14, wherein the perovskite heterostructure film comprises a 2D perovskite layer having a phase purity of a desired n-value ranging from 90 to 95% (Sidhik, final paragraph, page 3).
Conclusion
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/SADIE WHITE/Primary Examiner, Art Unit 1721