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
Claims 1-14, 16, 19 and 21-24 are pending and examined below.
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.
Claim 1 is 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.
Applicant recites “a second passivating contact layer” without reciting a first passivating contact layer. This language makes the claim indefinite as the reader is unclear whether other limitations in claim 1 are considered a first passivating contact layer or if there is no first passivating contact layer recited.
Claims 1, 4-8, 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (US 2022/0115545).
Regarding claims 1, Huang discloses a solar cell, comprising:
a substrate (10) including a first surface (11) and a second surface (13) opposite to the first surface (shown in figs. 2, 3 and 4, para [0024]);
a first tunnel oxide layer (33) disposed on the first surface of the substrate and at least partially in contact with the first surface (see para [0029]);
a passivation medium layer disposed on a surface of the first tunnel oxide layer away from the substrate, the passivation medium layer including at least a transparent conductive layer (60) (shown in figs. 3 and 4, para [0030]), and
a second passivating contact layer,
wherein the second passivating contact layer is disposed on the second surface of the substrate (shown in figs. 2, 3, and 4);
wherein the second passivating contact layer includes a third tunnel oxide layer (30) and a second doped semiconductor layer sequentially stacked on the second surface (35) (see para [0023] and [0027]).
Huang does not disclose the transparent conductive layer is a transparent conductive oxide layer. The use of transparent conductive oxide layers for the transparent conductive layer is a well-known expedient in the art of solar cells. See MPEP § 2144.03. (See claim 2)
It would be obvious to modify the transparent conductive layer of Huang with a transparent conductive oxide layer as the Courts have held that it would be obvious to a person having ordinary skill in the art to select a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07).
Regarding claim 4, Huang discloses a solar cell according to claim 1, wherein the passivation medium layer includes a transparent conductive oxide layer (60) and a first passivation layer (20);
the first passivation layer is disposed on a surface of the transparent conductive oxide layer away from the first tunnel oxide layer (shown in figs. 3 and 4, see para [0026] and [0030]).
Regarding claim 5, Huang discloses a solar cell according to claim 1, wherein the passivation medium layer includes at least one transparent conductive oxide layer (60) and at least one first passivation layer 20) (shown in figs. 3 and 4, see para [0026] and [0030]). The examiner has elected not to examine limitations presented as optional.
Regarding claim 6, solar cell according to claim 1, wherein the first surface (11) includes an electrode region (area of electrode 25) and a non-electrode region (shown in figs. 3 and 4);
orthographic projections of the first tunnel oxide layer (33) and the passivation medium layer (at least layer 60, also layer 20, see discussion of claim 4) on the first surface (11) includes an overlapping region;
the overlapping region is located at least in the non-electrode region of the first surface (11) (shown in figs. 3 and 4, see para [0023]-[0032]).
Regarding claim 7, Huang discloses a solar cell according to claim 6, further comprising a first passivating contact layer (at least layer 15), wherein the first passivating contact layer (15) is disposed on the first surface (11) and located in the electrode region (shown in figs. 2-4, see para [0023]-[0032]).
Regarding claim 8, Huang discloses a solar cell according to claim 7, wherein the first tunnel oxide layer (33) is in contact with the first surface (11) in the non-electrode region;
the first passivating contact layer (at least layer 15) is disposed on the first surface (shown in figs. 3-4, see para [0023]-[0032]) and located in the electrode region.
Regarding claim 10, Huang discloses a solar cell according to claim 8, wherein the first passivating contact layer includes a second tunnel oxide layer (Huang layer 33 in electrode region, see marked up figure below claim 11) and a first doped semiconductor layer (15) stacked sequentially on the first surface (11) in the electrode region (see Huang para [0023]-[0034]).
Regarding claim 11 solar cell according to claim 7, wherein the first tunnel oxide layer (33) includes a first portion and a second portion (shown in figs. 3-4);
the first portion is in contact with the first surface in the non- electrode region, and the second portion is in contact with the first surface in the electrode region;
the first passivating contact layer (at least layer 15) is disposed on a surface of the second portion away from the substrate (shown in figs. 3-4, see para [0023-[0032]). See markup of Huang fig. 3 and Hu fig. 4 below.
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Regarding claim 12, Huang discloses a solar cell according to claim 11, wherein the first passivating contact layer includes a first doped semiconductor layer (at least layer 15);
the first doped semiconductor layer (15) is disposed on a surface of the second portion (tunnel oxide layer 33) away from the substrate (shown in figs. 3-4, para [0023]-[0032]).
Regarding claim 14, Huang discloses a solar cell according to claim 7, further comprising a first electrode (25), wherein an orthographic projection of the first electrode on the first surface (11) is located in the electrode region of the first surface, and the first electrode is in Ohmic contact with the first passivating contact layer (shown in fig. 3-4, para [0023]-[0024]).
Regarding claim 16, Huang discloses a solar cell according to claim 1, further comprising a second passivation layer (50), wherein the second passivation layer (50) is disposed on a surface of the passivation medium layer (60 and 20) away from the first tunnel oxide layer (33) (shown in figs. 3-4, see para [0023]-[0032]).
Regarding claim 19, Huang discloses a solar cell according to claim 1, further comprising a second electrode (40), wherein the second electrode is disposed on the second surface of the substrate (13), and the second electrode is in Ohmic contact with the second passivating contact layer (shown in figs. 3-4, see para [0023]-[0032]).
Regarding claim 21, Huang discloses a solar cell according to claim 1, wherein the first surface is a light-receiving surface (see figs. 1-4, para [0023]-[0034], [0120]).
Claims 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. as applied to claim 1 above, and further in view of Sperlich et al. (US 2020/0058806).
Regarding claims 2 and 3, Huang discloses a solar cell according to claim 1, but does not disclose wherein a material of the transparent conductive oxide layer includes a doped metal oxide; the doped metal oxide includes zinc oxide doped with at least one of aluminum, boron, or gallium; the doped metal oxide is selected from the group consisting of aluminum-doped zinc oxide, gallium-doped zinc oxide, boron-doped zinc oxide, and any combination thereof (claim 2); nor wherein a thickness of the transparent conductive oxide layer is in a range from 5nm to 20nm (claim 3).
Sperlich is analogous art to Huang as Sperlich is directed to solar cells (see abstract) Sperlich discloses a solar cell comprising a tunnel oxide layer (18; [0029]) and a transparent conductive oxide layer (19) on top of the tunnel oxide layer, wherein the transparent oxide layer can be AZO ([0025]) and has a thickness between 10 to 50 nm ([0026]), which overlaps the recited range.
The court has held where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Further, the Courts have held that it would be obvious to a person having ordinary skill in the art to select a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07). See discussion of claim 1.
Claims 9-14 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. as applied to claims 1 and 4-6 above, and further in view of Hu et al. (US 2024/0355941).
Regarding claim 9, Huang discloses a solar cell according to claim 8, wherein the first tunnel oxide layer (33) includes a first portion.
Huang does not disclose wherein the tunnel oxide includes a second portion;
the first portion is in contact with the first surface in the non- electrode region;
the second portion is spaced from the first surface in the electrode region, and the second portion is disposed on a surface of the first passivating contact layer away from the first surface.
Hu is analogous art to Huang as Hu discloses a passivated contact on a solar cell. Hu discloses a first passivating contact layer (102, corresponds to layer 15 of Huang, see discussion of claim 8) disposed over the first surface of a solar cell (shown in figs. 1, 2 and 3, para [0050]). Further, Hu discloses the passivated contact further includes a tunnel oxide (103) in the electrode region (electrode 106, region “B”) and a doped semiconductor region (104) (see para [0009], [0047]-[0050]). Huang discloses the electrode configuration (i.e., layers 102/103/104 and electrode 106) enhance the short-circuit current and photovoltaic conversion efficiency of the solar cell (see para [0009]).
Therefore, it would be obvious to a person having ordinary skill in the art to substitute the passivating contact layer electrode of Hu (i.e., Hu 103/104/106) for the electrode of Huang (25) as Hu discloses the electrode structure enhances the short-circuit current and photovoltaic conversion efficiency of the solar cell.
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Regarding the conductive layer (60) of Huang, Hu discloses the TCO layer is formed after the contact layers 103 and 104, before 106 (see example 9, para [0120], step 5). Therefore, it would be obvious to alter the conductive layer of Huang to go over the contact layers (103/104, under 106) as modified by Hu as the court has held it would be obvious to combine prior art elements (i.e. modifying the conductive layer) according ot known methods (as disclosed by Hu), wherein the result is predictable.
Regarding claim 10, Huang as modified by claim 9, (see obviousness discussion of claim 9 above) discloses a solar cell according to claim 8, wherein the first passivating contact layer includes a second tunnel oxide layer (Huang layer 33 in electrode region, see marked up figure above) and a first doped semiconductor layer (15) stacked sequentially on the first surface (11) in the electrode region (see Huang para [0023]-[0034]).
Regarding claim 13, Huang discloses a solar cell according to claim 12, but does not disclose wherein the first passivating contact layer further includes a second tunnel oxide layer; the second tunnel oxide layer is disposed on a surface of the first doped semiconductor layer away from the second portion.
Huang as modified by Hu (see discussion of claim 9, including obviousness discussion, see also marked up figure) discloses wherein the first passivating contact layer further includes a second tunnel oxide layer (Hu layer 103); the second tunnel oxide layer (103) is disposed on a surface of the first doped semiconductor layer (Huang 15/Hu 102) away from the second portion.
It would be obvious to a person having ordinary skill in the art to substitute the passivating contact layer electrode of Hu (i.e., Hu 103/104/106) for the electrode of Huang (25) as Hu discloses the electrode structure enhances the short-circuit current and photovoltaic conversion efficiency of the solar cell. See discussion of claim 9.
Regarding claim 14, Huang as modified by Hu (see discussion of claims 9, 10 and 13 above) discloses a solar cell according to claim 7, further comprising a first electrode (25/106), wherein an orthographic projection of the first electrode on the first surface (11) is located in the electrode region of the first surface, and the first electrode is in Ohmic contact with the first passivating contact layer (shown in Huang fig. 3-4, para [0023]-[0024], Hu fig. 4, para [0047]-[0050]). See obviousness discussions of claim 9 and 13.
Regarding claim 22, Huang as modified by Hu (see claim 9 above) discloses a solar cell according to claim 1, further comprising a first passivating contact layer (Hu layer 104), wherein the first surface includes an electrode region (Hu, region B, see markup of figures above) and a non-electrode region (Hu, region A);
the first passivating contact layer (104) is disposed on the first surface and located only in the electrode region (shown in Hu fig. 4), the first passivating contact layer at least including a first doped semiconductor layer (104) (shown in fig. 4, see para [0047]);
a doping type of the first doped semiconductor layer is opposite to a doping type of the substrate (see Hu, para [0010] and Huang abstract).
It would be obvious to a person having ordinary skill in the art to substitute the passivating contact layer electrode of Hu (i.e., Hu 103/104/106) for the electrode of Huang (25) as Hu discloses the electrode structure enhances the short-circuit current and photovoltaic conversion efficiency of the solar cell. See discussion of claim 9.
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Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Jin et al. (US 2022/0158009).
Regarding claim 23, Jin discloses a solar cell (see abstract), comprising:
a substrate (30) comprising a first surface (rear surface) and a second surface (front surface) opposite to the first surface (shown in fig. 7), the first surface including an electrode region and a non-electrode region (shown in fig. 7);
a first tunnel oxide layer disposed on the first surface of the substrate and at least partially in contact with the first surface (621a/621b); and
a passivation medium layer (at least conductive enhancement layer 622) disposed on a surface of the first tunnel oxide layer (621a/621b) away from the substrate, the passivation medium layer including at least a transparent conductive oxide layer (conductive enhancement layer 622, see para [0056]); and
wherein a thickness from the first surface to a surface of the transparent conductive oxide layer away from the substrate in the electrode region is greater than that in the non-electrode region (shown in fig. 6, see para [0072]-[0074]).
Claim 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (US 2022/0115545) in view of Hu et al. Hu et al. (US 2024/0355941) as evidenced by Jin et al. (US 2022/0158009).
Regarding claim 24, Huang discloses a solar cell, comprising:
a substrate (10) including a first surface (11) and a second surface (13) opposite to the first surface includes an electrode region and a non-electrode region (shown in figs. 2, 3 and 4, para [0024], see also markup of figures above);
a first tunnel oxide layer (33) disposed on the first surface of the substrate and at least partially in contact with the first surface (see para [0029]);
a passivation medium layer disposed on a surface of the first tunnel oxide layer away from the substrate, the passivation medium layer including at least a transparent conductive layer (60) (shown in figs. 3 and 4, para [0030]).
Huang does not disclose a first passivating contact layer disposed on the first surface and located only in the electrode region; and
a first electrode, wherein an orthographic projection of the first electrode on the first surface is located in the electrode region of the first surface, and the first electrode is in Ohmic contact with the first passivating contact layer;
wherein along a width direction of the first electrode, a size ratio of the first electrode to the first passivating contact layer is greater than 0 and less than 1.
Hu is analogous art to Huang as Hu discloses a passivated contact on a solar cell. Hu discloses a substrate comprising an electrode region (B) and a non-electrode region (A) (shown in figs. 3-4), a doped semiconductor layer (102, corresponds to layer 15 of Huang, see discussion of claim 8) disposed over the first surface of a solar cell (shown in figs. 1, 2 and 3, para [0047]- [0050]). Further, Hu discloses a passivated contact layer including a tunnel oxide (103) in the electrode region (electrode 106, region “B”) and a doped semiconductor region (104), which reads on the limitation “a first passivating contact layer disposed on the first surface and located only in the electrode region” (see para [0009], [0047]-[0050]).
Further, Hu discloses a first electrode (106), wherein an orthographic projection of the first electrode on the first surface is located in the electrode region of the first surface, and the first electrode is in Ohmic contact with the first passivating contact layer (see para [0047]-[0050]);
wherein along a width direction of the first electrode, a size ratio of the first electrode to the first passivating contact layer is greater than 0 and less than 1 (shown in figs. 3-4).
Huang discloses the electrode configuration (i.e., layers 102/103/104 and electrode 106) enhance the short-circuit current and photovoltaic conversion efficiency of the solar cell (see para [0009]).
Therefore, it would be obvious to a person having ordinary skill in the art to substitute the passivating contact layer electrode of Hu (i.e., Hu 103/104/106) for the electrode of Huang (25) as Hu discloses the electrode structure enhances the short-circuit current and photovoltaic conversion efficiency of the solar cell.
The examiner has elected not to examine optional limitations.
Double Patenting
The non-statutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A non-statutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1-14, 16, 19 and 21-24 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 12/575,218. Although the claims at issue are not identical, they are not patentably distinct from each other because each of the limitations found in the instant claims can be found in a combination of claims 1-15 of the cited patent.
Conclusion
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JAYNE L. MERSHON
Primary Examiner
Art Unit 1721
/JAYNE L MERSHON/ Primary Examiner, Art Unit 1721
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