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 .
Status of Claims
Claim(s) 1-20 are currently pending.
Claim Objections
Claims 1 and 11 are objected to because of the following informalities:
In claim 1, line 7, it appears the recitation “over the at least on silicon nitride layer” should read “over the at least one silicon nitride layer”.
In claim 11, line 8, it appears the recitation “over the at least on silicon nitride layer” should read “over the at least one silicon nitride layer”.
Appropriate correction is required.
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).
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Claims 1-3, 5-7, 9, 11, 12, 15, 16 and 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5 and 16-18 of U.S. Patent No.11, 437, 529 B2 in view of CN109087956 A, Chen et al.
Regarding claims 1 and 11
All of the limitations of claims 1 and 11 can be found in claims 1 and 16 of US 11, 437, 529 B2, except for the limitation “a silicon oxide layer formed over the at least one silicon nitride layer.”
Chen discloses a photovoltaic cell comprising a silicon oxide layer (SiOX layer) formed over at least one silicon nitride layer (see SiNx/SiNy layer within the SiNx/SiNy/SiOxNy/SiOx stack) [Fig. 1 and para. 0033]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the photovoltaic cell of US 11, 437, 529 B2 to comprise a silicon oxide layer formed over the at least one silicon nitride layer, as in Chen, for the purpose of improving the optical and electrical performance of the back side of the cell [Chen, para. 0006].
Regarding claims 2, 3, 5-7, 9,12, 15, 16 and 18
All the limitations of claims 2, 3, 5-7, 9,12, 15, 16 and 18 can be found in claims 1-5 and 16-18 of US 11, 437, 529 B2.
Claims 1-3, 5-9, 11-13 and 15-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6 and 10-15 of U.S. Patent No.11, 600, 731 B2 in view of CN109087956 A, Chen et al. and CN110735130A, Guo et al.
Regarding claims 1 and 11
All of the limitations of claims 1 and 11 can be found in claims 1 and 10 of US 11, 600, 731 B2, except for the limitation “a silicon oxide layer formed over the at least one silicon nitride layer.”
Chen discloses a photovoltaic cell comprising a silicon oxide layer (SiOX layer) formed over at least one silicon nitride layer (see SiNx/SiNy layer within the SiNx/SiNy/SiOxNy/SiOx stack) [Fig. 1 and para. 0033]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the photovoltaic cell of US 11, 600, 731 B2 to comprise a silicon oxide layer formed over the at least one silicon nitride layer, as in Chen, for the purpose of improving the optical and electrical performance of the back side of the cell [Chen, para. 0006].
Regarding claims 2, 3, 5-9, 12, 13 and 15-19
All the limitations of claims 2, 3, 5-9, 12, 13 and 15-19 can be found in claims 1-6 and 10-15 of US 11, 600, 731 B2. Regarding instant claims 9 and 19, claims 3 and 12 of US 11, 600, 731 B2 disclose all of the limitations of the claims but are silent to the refractive index of the layers.
Guo teaches a second passivation layer comprising an AlOy film, a SiON film, and a SiNx film, the SiNx film comprising a first silicon nitride layer, a second silicon nitride layer, and a third silicon nitride layer stacked in the direction away from the substrate [paragraphs 0016-0020], wherein a refractive index of the first silicon nitride layer is in the range of 2.1 to 2.5 (2.05-2.3), a refractive index of the second silicon nitride layer is in the range of 2 to 2.3 (1.95-2.1), and a refractive index of the third silicon nitride layer is in the range of 1.9 to 2.1 (1.9-2.05) [paragraphs 0021 and 0055-0057]; and wherein refractive indexes of the first silicon nitride layer, the second silicon nitride layer, and the third silicon nitride layer decrease layer by layer in the direction away from the silicon substrate [paragraphs 0021 and 0055-0057].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the first, second and third silicon nitride layers of US 11, 600, 731 B2 to have refractive indexes as disclosed in Guo for the purpose of improving the backside passivation effect [Guo, paragraphs 0011 and 0020-0021].
Claims 1, 2, 5-9, 11, 12 and 15-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 6, 7, 11-14, 16 and 17 of U.S. Patent No. 12, 317, 637 B2 in view of CN109087956 A, Chen et al.
Regarding claims 1 and 11
All of the limitations of claims 1 and 11 can be found in claims 1, 2, 6, 11, 12 and 16 of US 12, 317, 637 B2, except for the limitation “a thickness of the at least one silicon nitride layer is in the range of 50 nm to 100 nm.”
Chen discloses a photovoltaic cell comprising at least one silicon nitride layer (see SiNx/SiNy layer within the SiNx/SiNy/SiOxNy/SiOx stack) having a thickness of 50 nm to 100 nm (45 nm – 90 nm) [Fig. 1, paras. 0010 and 0033]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the silicon nitride layer of US 12, 317, 637 B2 to have a thickness of 50 nm to 100 nm, as in Chen, for the purpose of improving the optical and electrical performance of the back side of the cell [Chen, para. 0006].
Regarding claims 2, 5-9, 12 and 15-19
All the limitations of claims 2, 5-9, 12 and 15-19 can be found in claims 1-4, 6, 7, 11-14, 16 and 17 of US 12, 317, 637 B2.
Claims 1-3, 5-6, 11-13 and 15-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 4, 11, 12 and 14 of U.S. Patent No. 12, 266, 731 B2 in view of CN109087956 A, Chen et al.
Regarding claims 1 and 11
All of the limitations of claims 1 and 11 can be found in claims 1 and 11 of US 12, 266, 731 B2, except for the limitation “a silicon oxide layer formed over the at least one silicon nitride layer.”
Chen discloses a photovoltaic cell comprising a silicon oxide layer (SiOX layer) formed over at least one silicon nitride layer (see SiNx/SiNy layer within the SiNx/SiNy/SiOxNy/SiOx stack) [Fig. 1 and para. 0033]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the photovoltaic cell of US 12, 266, 731 B2 to comprise a silicon oxide layer formed over the at least one silicon nitride layer, as in Chen, for the purpose of improving the optical and electrical performance of the back side of the cell [Chen, para. 0006].
Regarding claims 2, 3, 5-6, 11-13 and 15-16
All the limitations of claims 2, 3, 5-6, 11-13 and 15-16 can be found in claims 1, 2, 4, 11, 12 and 14 of US 12, 266, 731 B2.
Claims 1-3, 5-6, 11-13 and 15-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 4, 11, 12 and 14 of U.S. Patent No. 12, 955, 571 B2 in view of CN109087956 A, Chen et al.
Regarding claims 1 and 11
All of the limitations of claims 1 and 11 can be found in claims 1 and 11 of US 12, 955, 571 B2, except for the limitation “a silicon oxide layer formed over the at least one silicon nitride layer.”
Chen discloses a photovoltaic cell comprising a silicon oxide layer (SiOX layer) formed over at least one silicon nitride layer (see SiNx/SiNy layer within the SiNx/SiNy/SiOxNy/SiOx stack) [Fig. 1 and para. 0033]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the photovoltaic cell of US 12, 955, 571 B2 to comprise a silicon oxide layer formed over the at least one silicon nitride layer, as in Chen, for the purpose of improving the optical and electrical performance of the back side of the cell [Chen, para. 0006].
Regarding claims 2, 3, 5-6, 11-13 and 15-16
All the limitations of claims 2, 3, 5-6, 11-13 and 15-16 can be found in claims 1, 2, 4, 11, 12 and 14 of US 12, 955, 571 B2.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claims 1 and 11
CN 109087956 A, Chen et al. teaches a photovoltaic cell [Abstract and Fig. 1], comprising:
a silicon substrate (corresponding to silicon wafer) [Fig. 1 and paragraphs 0033-0035];
a first passivation layer (see front side SiO2/AlOx stack) formed on a front surface of the silicon substrate [Fig. 1 and paragraph 0033]; and
a second passivation layer (see back side SiO2/AlOx stack) formed over a rear surface of the silicon substrate [Fig. 1 and paragraph 0033];
at least one silicon oxynitride layer (SiOxNy layer within SiNx/SiNy/SiOxNy/SiOx stack) formed over the second passivation layer (back side SiO2/AlOx stack);
at least one silicon nitride layer (corresponding to SiNx/SiNy layers within the laminated stack); and
a silicon oxide layer (SiOX layer) formed over the at least one silicon nitride layer [Fig. 1];
wherein the second passivation layer includes at least one aluminum oxide layer [Fig. 1 and paragraph 0033], a thickness of the at least one aluminum oxide layer is in the range of 4 nm to 20 nm (3 nm 50 30 nm) [paragraph 0033], and a thickness of the at least one silicon nitride layer is in the range of 50 nm to 100 nm (45 nm – 90 nm) [paragraph 0033].
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Chen teaches the silicon oxynitride layer and the silicon oxide layer having thicknesses in the range of 40-70 nm and 60-90 nm, respectively [paragraphs 0010 and 0033]. Accordingly, Chen does not teach a thickness of the at least one silicon oxynitride layer is in the range of 1 nm to 30 nm, and a thickness of the silicon oxide layer is in the range of 0.5 nm to 5 nm, as required by the claims.
Chen discloses a silicon nitride layer (corresponding to SiNx/SiNy layers within the laminated stack) [Fig. 1 and paragraph 0033]. However. Chen does not teach said at least one silicon nitride layer being formed over the at least one silicon oxynitride layer.
Furthermore, regarding the limitations (a) the at least one silicon oxynitride layer has a first number of silicon atoms, a second number of oxygen atoms and a third number of nitrogen atoms, the first number is greater than the second number, the second number is greater than the third number; and (b) the at least one silicon nitride layer has a fourth number of silicon atoms and a fifth number of nitrogen atoms, wherein the, the fourth number is greater than the fifth number, Chen does not disclose silicon rich having the atomic rations set forth in the claim for the silicon oxynitride and the silicon nitride layers.
Non-patent literature, “Broad range refractive index engineering of SixNy and SiONy thin films and exploring their potential applications in crystalline silicon solar cells”, by Soman et al. teaches optimizing the concentration of silicon and oxygen concentration in SixNy and SiOxNy thin films in order to achieve the desired refractive index [Page 183, Col. 2].
However, Soman et al. fails to provide motivation as to why one of ordinary skill would be led to provide atomic ratios of silicon, oxygen and nitrogen as set forth in limitations (a) and (b) above.
Given the differences set forth above, claims 1 and 11 are allowed.
Regarding claims 2-10 and 12-20
The claims are allowed at least for their dependency on claims 1 and 11.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
CN 110735130 A, Guo et al. teaches a photovoltaic cell [paragraph 0004], comprising: a silicon substrate (corresponding to silicon wafer) [paragraphs 0017]; a first passivation layer (SiON and SiNx passivation films) disposed on a front surface of the silicon substrate [paragraph 0059]; and a second passivation layer (back side AIOx film) [paragraphs 0039-0040], at least one silicon oxynitride layer, and at least one silicon nitride layer that are disposed on a rear surface of the silicon substrate in a direction away from the silicon substrate [Fig. paragraphs 0039-0040]; wherein the second passivation layer comprises at least one aluminum oxide layer [paragraph 0039-0040], a thickness of the at least one aluminum oxide layer is in a range of 4 nm to 20 nm (10 nm to 25 nm) [paragraph 0025]; a thickness of the at least one silicon oxynitride layer is in a range of 1 nm to 30 nm (10 nm to 35 nm) [paragraph 0025]; and a thickness of the at least one silicon nitride layer is in a range of 50 nm to 100 nm. [paragraph 0033]; and a thickness of the at least one silicon nitride layer is in a range of 50 nm to 100 nm [paragraph 0021].
US 2017/0069778, Kwon et al. teaches a photovoltaic module [Fig. 2 and paragraphs 0045-0047], comprising at least one cell string [paragraph 0047], wherein each of the at least one photovoltaic cell string is composed of a plurality of photovoltaic cells (C1 and C2) electrically connected [Fig. 2 and paragraphs 0045-0047].
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/MAYLA GONZALEZ RAMOS/Primary Examiner, Art Unit 1721