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 .
Election/Restrictions
Applicant’s election without traverse of Group I and Specie I in the reply filed on 02/09/2026 is acknowledged.
Claims 7 and 14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected specie or invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 02/09/2026.
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.
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.
Claims 1-6 and 10-13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,249,664 B2.
Regarding claim 1, U.S. Patent No. 12,249,664 B2 claims a photovoltaic device comprising: a thin film junction comprising an absorber layer comprising cadmium and tellurium; and a transparent conducting layer that conducts charge carriers from the thin film junction, wherein: the transparent conducting layer comprises diffusion barrier layer, a high conductivity layer, and a capping layer; the diffusion barrier layer comprises cadmium stannate; the high conductivity layer comprises cadmium oxide; the capping layer comprises cadmium stannate; and the high conductivity layer is between the diffusion barrier layer and the capping layer (see claim 1).
Regarding claim 2, U.S. Patent No. 12,249,664 B2 claims that at least one of the diffusion barrier layer or the capping layer comprises amorphous cadmium stannate, wherein the amorphous cadmium stannate is a CdxSnO4 material, where the value of x is in a range from 0.5 to 2 (claim 2).
Regarding claim 3, U.S. Patent No. 12,249,664 B2 claims that the cadmium oxide is doped n++ and has a charge density greater than 1×1018 cm−3 (claim 3).
Regarding claim 4, U.S. Patent No. 12,249,664 B2 claims that the high conductivity layer comprises: cadmium oxide doped with an oxide dopant, wherein the oxide dopant is In2O3 or Ga2O3 (claim 4 or 5).
Regarding claim 5, U.S. Patent No. 12,249,664 B2 claims that the diffusion barrier layer comprises amorphous cadmium stannate (claim 2).
Regarding claim 6, U.S. Patent No. 12,249,664 B2 claims that the high conductivity layer comprises indium oxide doped cadmium oxide (claim 4).
Regarding claim 8, U.S. Patent No. 12,249,664 B2 claims that the cadmium oxide is doped n++ with an oxide dopant (claim 3).
Regarding claim 9, U.S. Patent No. 12,249,664 B2 claims that the capping layer comprises amorphous cadmium stannate (claim 2).
Regarding claim 10, U.S. Patent No. 12,249,664 B2 claims that the absorber layer comprises selenium (claim 11).
Regarding claim 11, U.S. Patent No. 12,249,664 B2 claims that the absorber layer comprises zinc (claim 11).
Regarding claim 12, U.S. Patent No. 12,249,664 B2 claims that the thin film junction comprises a back contact layer; and the back contact layer is position between the absorber layer and transparent conducting layer; and the back contact layer comprises zinc and tellurium (claim 12).
Regarding claim 13, U.S. Patent No. 12,249,664 B2 claims that the high conductivity layer is thicker than the diffusion barrier layer, and a thickness of the high conductivity layer is less than 300 nm (claim 8).
Prior Art Rejection
The search did not reveal any pertinent that discloses a transparent conducting layer comprising a high conductivity cadmium oxide layer between a cadmium stannate diffusion barrier layer and a cadmium stannate capping layer.
Gloeckler et al. (US 2019/0296174 A1) is the closest prior art.
Gloeckler discloses a photovoltaic device (400) (fig. 9) comprising:
a thin film junction comprising an absorber layer (130, or 130+140) comprising cadmium and tellurium (fig. 9, [0089]);
a transparent conducting layer (combination of layers 150, 220 and 285) that conducts charge carriers from the thin film junction,
wherein the transparent conducting layer comprises a high conductivity layer (220) and an adjacent layer (150 or 285),
the adjacent layer (150 or 285) is in contact with the high conductivity layer (220), and
the high conductivity layer comprises cadmium oxide doped with an oxide dopant ([0057] – TCO layer is made of CdO or Cadmium stannate is combination with other oxide material (combination thereof), which is interpreted as the dopant oxide).
Gloeckler further discloses that the adjacent layer (150) comprises cadmium stannate ([0065]).
However, Gloeckler, alone or in combination, fails to disclose that transparent conducting layer comprising a high conductivity cadmium oxide layer between a cadmium stannate diffusion barrier layer and a cadmium stannate capping layer.
Gloeckler, in an alternative embodiment, discloses a photovoltaic device (100, fig. 1) wherein TCO layer 120 is made of cadmium stannate ([0057]) and further discloses a buffer or HRT layer on the TCO layer 120, wherein the buffer layer is made of metal oxide such SnO2 ([0083]). However, Gloeckler does not disclose the claimed tri-layered structure wherein a cadmium oxide layer is placed between two cadmium stannate layers.
US 2011/0277812 A1 to Buller et al. is another closest prior art that discloses a tri-layered TCO stack (110) comprising a cadmium stannate layer 130 ([0023]) between a barrier layer 120 made of silicon aluminum oxide ([0020]) and a buffer layer (140) made, for example, of tin oxide, zinc oxide ([0024]).
Buller, alone or in combination, fails to disclose that transparent conducting layer comprising a high conductivity cadmium oxide layer between a cadmium stannate diffusion barrier layer and a cadmium stannate capping layer.
Claim 7 would be rejoined if (a) claim 1 is amended to overcome the double-patenting rejection or (b) TD is filed and approved.
Claim 14 would be rejoined if it amended to recite that “transparent conducting layer comprises diffusion barrier layer, a high conductivity layer, and a capping layer; the diffusion barrier layer comprises cadmium stannate; the high conductivity layer comprises cadmium oxide; the capping layer comprises cadmium stannate; and the high conductivity layer is between the diffusion barrier layer and the capping layer”.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GOLAM MOWLA whose telephone number is (571)270-5268. The examiner can normally be reached M-Th, 7am - 4pm.
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.
/GOLAM MOWLA/ Primary Examiner, Art Unit 1721