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 .
Double Patenting
The nonstatutory 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 nonstatutory 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.
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Claims 2-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-23 of U.S. Patent No. 12,249,666. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-23 of U.S. Patent No. 12,249,666 contain all of the limitations of instant claims 2-21 including a device and method comprising a laser power converter (LPC) comprising a plurality of subcells on a substrate, the plurality of subcells including a top subcell and a bottom subcell, wherein: at least one subcell of the plurality of subcells has an emitter and a base with a low bandgap absorber region (LBAR) coupled between the emitter and the base; the emitter and the base include AIGaAs with an Al content higher than a mole fraction of 10%, with a first bandgap higher than 1.55 eV and corresponding to a wavelength longer than a wavelength of incident laser light, such that the emitter and the base are transparent to the incident laser light; the wavelength of the incident laser light is between 808 nm and 1500 nm; the LBAR comprises Ga(In)As with a second bandgap lower than the first bandgap, such that the LBAR absorbs the incident laser light and generates current in response to the incident laser light; and a current generated between the top subcell and the bottom subcell is controlled based on a thickness of the LBAR, such that the LBAR is configured to balance the current generated between the top subcell and the bottom subcell.
Allowable Subject Matter
Claims 2-21 would be allowable if the double patenting rejection above was overcome.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art is King et al. (US 2012/0240987), Fetzer et al. (US 2007/0137695) and Derkacs et al. (US 2017/0092800).
King discloses a device and method in Figure 6, comprising:
a plurality of subcells including top and bottom subcells (See 2-junction cell in [207] and [214]) on a substrate (growth substrate, [131] and Figure 6);
at least one of the subcells having an emitter (622) and base (624), with a low bandgap absorber region (LBAR) (640) coupled between the emitter (622) and base (624) (Figure 6 and [177]-[178]);
the emitter (622) and base are (624) comprised of a first material with a first bandgap ([179], [164] and [97]);
the low bandgap absorber region (640) is comprised of a second material with a second bandgap lower than the first bandgap of the emitter (622) and base (624) ([38]-[42], [118], [151]), wherein the second material is Ga(In)As ([164] and [97]).
Fetzer discloses a device and method in Figure 3, comprising:
a plurality of subcells (subcells shown in Figure 3) on a substrate (310) including top and bottom subcells (Figure 3 and [54]);
at least one of the subcells having an emitter (303) and base (308), with a low bandgap absorber region (LBAR) (depletion region including layers 304, 306) coupled between the emitter (303) and base (308) (Figure 3 and [37]-[38]);
the emitter (303) and base (308) are comprised of a first material with a first bandgap ([38] and [40]); wherein the first material is AlGaAs ([38] and [40]);
the low bandgap absorber region (304, 306) is comprised of a second material with a second bandgap lower than the first bandgap of the emitter (303) and base (308) ([38] and [40]); wherein the second material is Ga(In)As ([40]).
Derkacs discloses a multijunction solar cell in Figure 1 comprising a subcell (cell B) having an emitter (111) and a base (112) comprising AlGaAs (Figure 1) that has an Al content higher than a mole fraction of 10% ([113]), and a bandgap higher than 1.55 eV ([19] and [54], second subcell has a bandgap of 1.73 eV).
None of the prior art, alone or in combination, discloses, suggests or renders obvious a device or method comprising a laser power converter (LPC), wherein the emitter and the base correspond to a wavelength longer than a wavelength of incident laser light, such that the emitter and the base are transparent to the incident laser light; the wavelength of the incident laser light is between 808 nm and 1500 nm; wherein the LBAR absorbs the incident laser light and generates current in response to the incident laser light; and a current generated between the top subcell and the bottom subcell is controlled based on a thickness of the LBAR, such that the LBAR is configured to balance the current generated between the top subcell and the bottom subcell in combination with the other claim limitations.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LINDSEY A BUCK whose telephone number is (571)270-1234. The examiner can normally be reached Monday-Friday 9am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Martin can be reached at (571)270-7871. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LINDSEY A BUCK/Primary Examiner, Art Unit 1728