DETAILED ACTION
Summary
This Office Action is in response to the Amendments to the Claims and Remarks filed June 23, 2026.
In view of the Amendments to the Claims filed June 23, 2026, the rejections of claims 1-6, 8-15, and 17-20 under 35 U.S.C. 103 previously presented in the Office Action sent March 25, 2026 have been substantially maintained and modified only in response to the Amendments to the Claims.
Claims 1-6, 8-15, and 17-22 are currently pending.
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.
Claim(s) 1-6, 8-15, and 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (KR 20160010198 A included in Applicant submitted IDS filed September 25, 2024) in view of Sun et al. (U.S. Pub. No. 2009/0165855 A1) and Lee et al. (KR 20140110230 A included in Applicant submitted IDS filed September 25, 2024).
With regard to claims 1, 4, 10, 11, 13, and 22, Kim et al. discloses a solar cell and method of manufacturing, comprising:
forming a semiconductor substrate (such as 20/110, Fig. 5);
forming a first conductivity-type region formed on a first surface of the semiconductor substrate and composed of a polycrystalline silicon layer having an n-type conductivity (first conductivity-type region 32 depicted in Fig. 5 as on a first bottom/rear surface of the cited semiconductor substrate 20/110; see [0026] teaching polycrystalline silicon; see [0027] teaching cited first conductivity type region can be “n-type”);
forming a first passivation layer (such as first passivation layer 40 depicted in Fig. 5 as on the cited first conductivity-type region 32) including:
forming a first aluminum oxide layer positioned on the first conductivity-type region and having hydrogen (such depicted in Fig. 5, a first aluminum oxide layer 40 positioned on the cited first conductivity-type region 32; see [0005] teaching “aluminum oxide containing hydrogen”), and
forming a second conductivity-type region formed at or on a second surface of the semiconductor substrate and having a p-type conductivity (a second conductivity-type region, such as the top half of 110 which constitutes a doped region apart of the semiconductor substrate, depicted in Fig. 5 as at a second top surface of the cited semiconductor substrate; see [0017] teaching 110 can be p-type);
forming a second passivation layer (24/26, Fig. 5) including
forming a second aluminum oxide layer positioned on the second conductivity-type region (such as depicted in Fig. 5, a second aluminum oxide layer 24 positioned on the cited second conductivity-type region, top half of 110; see [0005] teaching “aluminum oxide”; see [0037] teaching first and second aluminum oxide layers have same material and structure/thickness), and
forming a second dielectric layer positioned on the second aluminum oxide layer and including a material different from the second aluminum oxide layer (such as depicted in Fig. 5, a second dielectric layer 26 positioned on the cited second aluminum oxide layer 24; see [0072] teaching the cited dielectric layer 26 can be a silicon nitride film which is a material different from the cited second aluminum oxide layer), where
the first aluminum oxide layer serves as a hydrogen implantation layer and second aluminum oxide layer serves as a hydrogen implantation layer (the cited first and second aluminum oxide layers 40/24 are cited to read on the structural requirements of the claimed “serves as a hydrogen implantation layer” because the cited first and second aluminum oxide layers are disclosed to contain aluminum oxide and hydrogen, see [0005], and because the hydrogen in the cited first and second aluminum oxide layers are implanted into the surface of the semiconductor substrate, see [0096-0097]);
forming a first electrode passing through the first passivation layer and electrically connected to the first conductivity-type region (such as depicted in Fig. 5, a first electrode 42 passing through the cited first passivation layer 40 and electrically connected to the cited first conductivity-type region 32); and
forming a second electrode passing through the second passivation layer and electrically connected to the second conductivity-type region (such as depicted in Fig . 5, a second electrode 44 passing through the cited second passivation layer 24/26 and electrically connected to the cited second conductivity-type region, top half of 110).
Kim et al. does not disclose wherein the first passivation layer includes a first dielectric layer positioned on the first aluminum oxide layer and including a material different from the first aluminum oxide layer, wherein the material different from the first aluminum oxide layer includes silicon nitride, silicon oxide, or silicon oxynitride.
However, Sun et al. discloses a solar cell (see Title and Abstract) and teaches a first dielectric layer (108b, Fig. 2) positioned on a first aluminum oxide layer (106b and see [0026]) and including a material different from the first aluminum oxide layer 106b, wherein the first dielectric layer includes silicon nitride (see [0028]).
Sun et al. teaches the first dielectric layer 108b provides for anti-reflection (see [0028]).
Thus, at the time of the invention, it would have been obvious to a person having ordinary skill in the art to have modified the first passivation layer in the method of Kim et al. to include a first dielectric layer, as suggested by Sun et al., because it would have provided for anti-reflection.
Kim et al., as modified above, does not disclose wherein only the second conductivity-type region of the first conductivity-type region and the second conductivity-type region includes a first region formed in a portion corresponding to the second electrode and having a low resistance or a high doping concentration and a second region positioned in an other portion of the second conductivity-type region and having a higher resistance or a lower doping concentration than the first region.
However, Lee et al. discloses a solar cell (see Title and Abstract) and teaches wherein
only the second conductivity-type region of the first conductivity-type region and the second conductivity-type region (see [0035] teaching second conductivity-type region 20 can include first 20a and second 20b regions which would have been an obvious selection because Lee et al. suggest the doping profile for the cited second conductivity-type region 20; see [0046] teaching first conductivity-type region 30 may have uniform doping concentration which would have been an obvious selection because Lee et al. suggest the doping profile for the cited first conductivity-type region 30) includes
a first region formed in a portion corresponding to the second electrode and having a low resistance or a high doping concentration (as depicted in Fig. 6, a first region 20a formed in a portion corresponding to the second electrode 24 and having a low resistance or a high doping concentration; see [0035]) and
a second region positioned in an other portion of the second conductivity-type region and having a higher resistance or a lower doping concentration than the first region (as depicted in Fig. 6, a second region 20b positioned in an other portion of the second conductivity-type region and having a higher resistance or a lower doping concentration than the first region; see [0035]).
Lee et al. teaches the doping profile for the second conductivity-type region improves current density, reduces contact resistance, and maximizes efficiency of the solar cell (see [0036]).
Thus, at the time of the invention, it would have been obvious to a person having ordinary skill in the art to have modified the doping profile of the second conductivity-type region in the solar cell of Kim et al., as modified above, to include the doping profiled suggested by Lee et al., because it would have improved current density, reduced contact resistance, and maximized efficiency of the solar cell.
With regard to claim 2, independent claim 1 is obvious over Kim et al. in view of Sun et al. and Lee et al. under 35 U.S.C. 103 as discussed above. Kim et al. discloses wherein
the second aluminum oxide layer serves as a fixed charge passivation layer (the cited second aluminum oxide layer 24/26 is cited to read on the claimed “serves as a fixed charge passivation layer” because it is a passivating layer providing a fixed negative charge, see [0018]).
With regard to claim 3, independent claim 1 is obvious over Kim et al. in view of Sun et al. and Lee et al. under 35 U.S.C. 103 as discussed above. Kim et al. discloses wherein
the second aluminum oxide layer implements fixed charge passivation by a negative fixed charge (the cited second aluminum oxide layer 24/26 is cited to read on the claimed “implements fixed charge passivation by a negative fixed charge” because it is a passivating layer providing a fixed negative charge, see [0018]).
With regard to claims 5 and 12, independent claims 1 and 10 are obvious over Kim et al. in view of Sun et al. and Lee et al. under 35 U.S.C. 103 as discussed above.
Kim et al., as modified above, does not disclose wherein the thickness of the first/second aluminum oxide layer is less than a thickness of the first/second dielectric layer.
However, the thickness of the first/second aluminum oxide layer and thickness of the first/second dielectric layer are result effective variables directly affecting the material cost and optical properties of the layers.
Thus, at the time of the invention, it would have been obvious to a person having ordinary skill in the art to have optimized the thickness of the first/second aluminum oxide layer and thickness of the first/second dielectric layer in the solar cell of Kim et al., as modified above, and arrive at the claimed range through routine experimentation (see MPEP 2144.05); especially since it would have led to optimizing the material cost and optical properties of the layers.
With regard to claim 6, independent claim 1 is obvious over Kim et al. in view of Sun et al. and Lee et al. under 35 U.S.C. 103 as discussed above. Kim et al., as modified above, discloses wherein
a hydrogen content per unit volume in the first aluminum oxide layer is greater than a hydrogen content per unit volume in the first dielectric layer (the cited first aluminum oxide layer 40 of Kim et al. includes hydrogen which is cited to provide for a greater content per unit volume than the cited first dielectric layer of silicon nitride).
With regard to claim 8, independent claim 1 is obvious over Kim et al. in view of Sun et al. and Lee et al. under 35 U.S.C. 103 as discussed above. Kim et al., as modified above, discloses wherein
the first surface of the semiconductor substrate is a rear surface of the semiconductor substrate (as depicted in Fig. 5, the cited first bottom/rear surface of the cited semiconductor substrate is a rear surface of the cited semiconductor substrate);
the first electrode includes a plurality of finger electrodes extending in one direction (as depicted in Fig. 5 and Fig. 6, the cited first electrode 44 includes a plurality of finger electrodes extending in one direction); and
the first dielectric layer functions as an anti-reflection film (recall the cited first dielectric layer including silicon nitride material).
With regard to claims 9 and 17, dependent claim 8 and dependent claim 22 are obvious over Kim et al. in view of Sun et al. and Murao et al. under 35 U.S.C. 103 as discussed above. Kim et al., as modified above, discloses wherein
the second conductivity-type region is composed of a doped region constituting a part of the semiconductor substrate (as depicted in Fig. 5, the cited second conductivity-type region, top half of 110, is composed of a doped region constituting a part of the cited semiconductor substrate), and
forming the first aluminum oxide layer and the second aluminum oxide layer having the same material, composition, and thickness together by a same process (see [0037] teaching first and second aluminum oxide layers have same material and structure/thickness).
With regard to claim 14, independent claim 13 is obvious over Kim et al. in view of Sun et al. and Lee et al. under 35 U.S.C. 103 as discussed above. Kim et al. discloses wherein
the first aluminum oxide layer is formed by an atomic layer deposition method or a plasma-induced chemical vapor deposition method (see [0006]).
With regard to claim 15, independent claim 13 is obvious over Kim et al. in view of Sun et al. and Lee et al. under 35 U.S.C. 103 as discussed above. Kim et al., as modified above, discloses wherein
hydrogen included in the first aluminum oxide layer is implanted into at least one of the first conductivity-type region and the semiconductor substrate, by performing an annealing process in at least one of the forming the passivation layer and the forming the electrode (see [0096-0097] teaching “heat treatment” during formation of cited first and second passivation layers, cited to read on the claimed “annealing process”, and teaching hydrogen (H), etc. diffuses into the inside of the semiconductor substrate).
With regard to claim 18, dependent claim 22 is obvious over Kim et al. in view of Sun et al. and Lee et al. under 35 U.S.C. 103 as discussed above. Kim et al. discloses wherein
the process of the forming the second dielectric layer includes a first annealing process in which hydrogen included in the first aluminum oxide layer is implanted into at least one of the first conductivity-type region and the semiconductor substrate (see [0096-0097] teaching “heat treatment” cited to read on the claimed “first annealing process” which hydrogen (H), etc. diffuses into the inside of the semiconductor substrate).
Kim et al. does not teach wherein in the forming the passivation layer, the process of the forming the first dielectric layer is performed after the process of forming the second dielectric layer is performed.
However, the selection of any order of performing process steps provides a prima facie obviousness determination (see MPEP 2144.04 IV C); especially since the claimed order is one in a finite number of immediately recognizable options, finite options being the process of the forming the first dielectric layer after, before, and/or at the same time as the process of forming the second dielectric layer is performed (note MPEP 2143 E).
Thus, at the time of the invention, it would have been obvious to a person having ordinary skill in the art to have tried performing the process of the forming the first dielectric layer after the process of forming the second dielectric layer is performed because the selection of any order of performing process steps provides a prima facie obviousness determination (see MPEP 2144.04 IV C).
With regard to claim 19, dependent claim 18 is obvious over Kim et al. in view of Sun et al. and Lee et al. under 35 U.S.C. 103 as discussed above.
Kim et al. does not teach wherein after performing the first annealing process, a deposition process of the first dielectric layer is performed.
However, the selection of any order of performing process steps provides a prima facie obviousness determination (see MPEP 2144.04 IV C); especially since the claimed order is one in a finite number of immediately recognizable options, finite options being after, before, and/or at the same time of performing the first annealing process, the deposition process of the first dielectric layer is performed (note MPEP 2143 E).
Thus, at the time of the invention, it would have been obvious to a person having ordinary skill in the art to have tried a deposition process of the first dielectric layer after performing the first annealing process because the selection of any order of performing process steps provides a prima facie obviousness determination (see MPEP 2144.04 IV C).
With regard to claim 20, independent claim 1 is obvious over Kim et al. in view of Sun et al. and Lee et al. under 35 U.S.C. 103 as discussed above.
Kim et al., as modified above, does not disclose wherein a silicon oxide layer is positioned between the first conductivity-type region and the first passivation layer and having an uneven surface.
However, Sun et al. discloses a solar cell (see Title and Abstract) and teaches further comprising a silicon oxide layer (104b, Fig. 2) positioned between a first conductivity-type region of semiconductor substrate 102 and a first passivation layer 106b.
Sun et al. teaches the silicon oxide layer provides enhanced surface passivation effect and carrier lifetime (see Abstract).
Thus, at the time of the invention, it would have been obvious to a person having ordinary skill in the art to have modified the solar cell of Kim et al., as modified above, to include a silicon oxide layer, as suggested by Sun et al., because it would have provided for enhanced surface passivation effect and carrier lifetime.
Kim et al., as modified above, does not teach wherein the silicon oxide layer has an uneven surface.
However, Kim et al. teaches a textured/uneven surface reduces reflectivity of light (see [0020] and see Fig. 5 depicting textured/uneven top surface of 110 and each subsequent layer 24/26 including the textured/uneven surface). Kim et al. teaches the cited first bottom surface of the semiconductor substrate can also be textured (see [0021]).
Thus, at the time of the invention, it would have been obvious to a person having ordinary skill in the art to have textured the cited first bottom surface of the semiconductor substrate and each subsequent layer, including the cited silicon oxide layer, in the method of Kim et al., as modified above, because it would have provided for reduced reflectivity of light.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (KR 20160010198 A included in Applicant submitted IDS filed September 25, 2024) in view of Sun et al. (U.S. Pub. No. 2009/0165855 A1) and Lee et al. (KR 20140110230 A included in Applicant submitted IDS filed September 25, 2024), and in further view of Murao et al. (WO 2013/100085 A1).
With regard to claim 21, independent claim 1 is obvious over Kim et al. in view of Sun et al. and Lee et al. under 35 U.S.C. 103 as discussed above.
Kim et al., as modified above, does not disclose wherein the first aluminum oxide layer and/or the second aluminum oxide layer are further formed on a side surface of the semiconductor substrate and the first aluminum oxide layer and the second aluminum oxide layer have a shape continuously connected to each other.
However, Murao et al. discloses a solar cell and method (see Title and Abstract) and teaches not only can the semiconductor substrate 1 have a first aluminum oxide layer 8 on the front surface 10a and a second aluminum oxide layer 9on the back surface 10b, but the aluminum oxide layer 11 can extend to a side surface 10c of the semiconductor substrate 1 having a shape continuously connected in order to reduce generation of leakage current (see [0030-0031] and Fig. 3).
Thus, at the time of the invention, it would have been obvious to a person having ordinary skill in the art to have modified the aluminum oxide layer in the solar cell and method of Kim et al., as modified above, to include forming the aluminum oxide layer on a side surface of the semiconductor substrate to have a shape continuously connected, as suggested by Murao et al., because it would have provided reduced generation of leakage current.
Response to Arguments
Applicant's arguments filed June 23, 2026 have been fully considered but they are not persuasive.
Applicant notes the newly added claimed limitations are not found within the previously cited prior art references. However, this argument is addressed in the rejections of the claims above.
Conclusion
THIS ACTION IS MADE FINAL. 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 DUSTIN Q DAM whose telephone number is (571)270-5120. The examiner can normally be reached Monday through Friday, 6:00 AM to 2:00 PM.
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, Allison Bourke can be reached at (303) 297-4684. 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.
/DUSTIN Q DAM/Primary Examiner, Art Unit 1721 September 7, 2026
Prosecution Insights