DETAILED ACTION
(1)
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 . This is the first office action on the merits.
(2)
Election/Restrictions
Claims 40, 41, 43 and 46 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on November 17, 2025. Applicant’s election without traverse of Group I, claims 1-5, 8, 11, 13-19, 22, 27 and 37-39 is acknowledged.
(3)
Claim Objections
Claim 1 is objected to because of the following informalities: “IZTO” should be spelled out in the first instance. Appropriate correction is required.
Claim 3 is objected to because of the following informalities: “comprising forming” should be “comprises forming”. Appropriate correction is required.
Claim 3 is objected to because of the following informalities: “difference” should be “different”. Appropriate correction is required.
Claim 17 is objected to because of the following informalities: “or 80%” should be “of 80%”. Appropriate correction is required.
(4)
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 1-5, 8, 11, 13-19, 22, 27 and 37-39 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 11 recites the limitation "the glass layer" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 19 recites the limitation "the active glass layer" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Therefore, the claims are indefinite because their scope is unascertainable to one ordinarily skilled in the art. Claims 2-5, 8, 11, 13-19, 22, 27 and 37-39 are also rejected due to their dependency on claim 1.
(5)
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.
Claims 1-4, 8, 11, 13-19, 22, 27 and 37 are rejected under 35 U.S.C. 103 as being unpatentable over Heng et al. (WO 2022/066707 A1) in view of Chen et al. (U.S. Publication No. 2017/0213967), both of which are cited in Applicant’s information disclosure statement.
With respect to claim 1, Heng teaches a method of manufacturing a solar module comprising providing a first substrate comprising a substrate layer supporting a first electrically conducting layer (first transparent conducing layer) and a hole transport layer on a first side of the glass layer. Figure 3, Step 310 and Paragraphs 101-103.
Heng further teaches the method comprising applying a perovskite precursor to the first side of the substrate and annealing the perovskite precursor to form a perovskite layer. Figure 3, Steps 330 & 340 and Paragraphs 105-112.
Heng next teaches the method comprises applying an electron transport layer to the perovskite layer. Figure 3, Step 350 and Paragraph 116. Heng further teaches the method comprises forming a second electrically conducting layer on the electron transport layer. Figure 3, Step 360 and Paragraph 118.
Heng teaches the first and second transparent conducting layers may be indium tin oxide (ITO) but is silent as to whether it is IZTO.
However, Chen, which deals with perovskite devices, teaches indium tin oxide and indium zinc tin oxide (IZTO) are recognized equivalents in the art. Paragraph 35.
Therefore, it would have been obvious to one ordinarily skilled in the art at a time before the effective filing date of the claimed invention to utilize IZTO in place of Heng’s ITO because Chen teaches the two are equivalents in the art, meaning the modification has a reasonable expectation of success.
With respect to claim 2, modified Heng teaches the second electrically conducting layer is formed via physical vapor deposition. Heng, Paragraph 94. Heng further recognizes indium zinc oxide and indium tin oxide as effective materials formed via physical vapor deposition, meaning forming an indium zinc tin oxide electrode, as taught by modified Heng, is within the scope of the combined teachings of Heng in view of Chen, as combined above. Heng, Paragraph 102.
With respect to claim 3, modified Heng teaches forming the second electrically conducting layer comprises forming an IZTO buffer layer on the perovskite layer under a first set of deposition conditions and forming a second layer of IZTO on the buffer layer under a second set of deposition conditions different from the first set of deposition conditions. Heng, Paragraphs 89-91.
With respect to claim 4, modified Heng teaches the first set of deposition conditions comprises a first power and the second set of deposition conditions comprise a second power higher than the first power. Heng, Paragraphs 85-91.
With respect to claim 8, modified Heng teaches the buffer layer has a thickness of less than 100 nm. Heng, Paragraph 90. As per the MPEP, "where the claimed ranges overlap or lie inside ranges disclosed by the prior art a prima facie case of obviousness exists." MPEP 2144.05(I) (internal citation omitted).
With respect to claim 11, modified Heng teaches the second layer of IZTO has a thickness in a range from 200 to 300 nm. Heng, Paragraph 81. As per the MPEP, "where the claimed ranges overlap or lie inside ranges disclosed by the prior art a prima facie case of obviousness exists." MPEP 2144.05(I) (internal citation omitted).
With respect to claim 13, modified Heng does not disclose an elevated temperature for forming the second electrically conducting layer, meaning the layer is formed at room temperature within the scope of the claimed invention. Heng, Paragraphs 88-91.
With respect to claims 14 and 37, modified Heng teaches the first and second electrically conducting layers are formed of IZTO without other additives, meaning they consist essentially of IZTO within the scope of the claimed invention. Chen, Paragraph 35.
With respect to claim 15, modified Heng teaches the second electrically conductive layer is formed to have a transmission at 700 nm of 80% or more for normally incident light. Heng, Paragraph 102.
With respect to claim 16, modified Heng teaches the first and second electrically conducting layers are made of the same material and that the first electrically conducting layer is formed to have a resistance of less than 25 Ohm/sq meter. Heng, Paragraph 77. Heng also teaches the second electrically conductive layer is formed to have a transmission at 700 nm of 80% or more for normally incident light. Heng, Paragraph 102. As per the MPEP, "where the claimed ranges overlap or lie inside ranges disclosed by the prior art a prima facie case of obviousness exists." MPEP 2144.05(I) (internal citation omitted).
With respect to claim 17, modified Heng teaches the first and second electrically conducting layers are made of the same material and that the first electrically conducting layer is formed to have a resistance of less than 25 Ohm/sq meter. Heng, Paragraph 77. As per the MPEP, "where the claimed ranges overlap or lie inside ranges disclosed by the prior art a prima facie case of obviousness exists." MPEP 2144.05(I) (internal citation omitted).
With respect to claim 18, modified Heng teaches the method comprises forming one or more busbars on the second electrically conducting layer. Heng, Paragraph 119.
With respect to claim 19, modified Heng teaches fabricating the active glass further comprises applying an encapsulant to the second transparent conducting layer. Heng, Paragraphs 7, 10 and 120-122.
With respect to claim 22, modified Heng teaches the perovskite has a band gap in a range of 1.3 to 2.1 eV. Heng, Paragraph 76. As per the MPEP, "where the claimed ranges overlap or lie inside ranges disclosed by the prior art a prima facie case of obviousness exists." MPEP 2144.05(I) (internal citation omitted).
With respect to claim 27, modified Heng teaches the method comprises using glass for the substrate layer and attaching an active glass layer comprising the substrate, the first electrically conducting layer, the hole transport layer, the perovskite layer and the second electrically conducting layer to a silicon panel, wherein the silicon panel comprises a second substrate and a silicon layer supported by the second substrate. Heng, Figure 1 and Paragraphs 7, 10 and 120-122.
(6)
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Heng et al. (WO 2022/066707 A1) in view of Chen et al. (U.S. Publication No. 2017/0213967), as applied to claims 1-4, 8, 11, 13-19, 22, 27 and 37 above, and further in view of Zhang et al. (WO 2022/247570 A1) and Morales et al., which is cited in Applicant’s information disclosure statement. The citations to Zhang refer to the included English language machine translation.
With respect to claim 5, modified Heng teaches the first power is 0.6 W/cm2 or less and the second power is 1 W/cm2 or less and is silent as to whether the second power is greater than 1.5 W/cm2 and the target is a planar target.
However, Zhang, which deals with solar cell preparation methods, teaches a planar target is an effective target for TCO PVD methods. Page 8, Ninth paragraph.
Additionally, Morales, which deals with TCO films, teaches 1.9 W/cm2 is an effective power for a TCO formation process. II. Experimental Details, First paragraph.
It would have been obvious to one ordinarily skilled in the art at a time before the effective date of the claimed invention the combination of modified Heng with Zhang and Morales is the use of a known technique to improve a similar method in the same way. Heng, Zhang and Morales are each directed toward TCO formation methods. Zhang teaches a planar target is an effective target and Morales teaches a power of 1.9 W/cm2 is an effective power amount. It would have been obvious to one ordinarily skilled in the art at a time before the effective filing date of the claimed invention to use a planar target and this power for the second power step because both Zhang and Morales teach these to be effective process parameters, meaning the modification has a reasonable expectation of success.
(7)
Claims 38 and 39 are rejected under 35 U.S.C. 103 as being unpatentable over Heng et al. (WO 2022/066707 A1) in view of Chen et al. (U.S. Publication No. 2017/0213967), as applied to claims 1-4, 8, 11, 13-19, 22, 27 and 37 above, and further in view of Le et al. (U.S. Publication NO. 2016/0181468), which is cited in Applicant’s information disclosure statement.
With respect to claims 38 and 39, modified Heng is silent as to whether the target is a metal target comprising indium zinc tin.
However, Le, which deals with TCO formation methods, teaches an only metal target comprising a combination of indium zinc and tin, wherein oxygen is added from the environment of the deposition chamber. Paragraph 36.
It would have been obvious to one ordinarily skilled in the art at a time before the effective filing date of the claimed invention the combination of modified Heng with Le is the use of a known technique to improve a similar method in the same way. Both modified Heng and Le are directed toward TCO formation methods. Le teaches a metallic target comprising indium zinc and tin is an effective target for TCO formation. Therefore, it would have been obvious to one ordinarily skilled in the art at a time before the effective filing date of the claimed invention to utilize Le’s target in modified Heng’s method because Le teaches it to be effective for forming a TCO, meaning the modification has a reasonable expectation of success.
(8)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELI S MEKHLIN whose telephone number is (571)270-7597. The examiner can normally be reached Monday-Friday 7:00 am to 5:00 pm EST.
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/ELI S MEKHLIN/Primary Examiner, Art Unit 1759