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 .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 3-12, 14, 16, 21, 22, 28, and 29 is/are rejected under 35 U.S.C. 102(a)(1) and 102 (a)(2) as being anticipated by Ahn (US 2018/0019358).
Regarding claim 1, Ahn discloses a thin film photovoltaic device (see Figure 2) configured for receiving and converting a target wavelength range of light to electricity (the tandem structure allows light in the shorter wavelength range to be absorbed in the front side and the longer wavelength range from the rear side; [0011]), comprising:
a substrate (110);
a bottom electrode (120) disposed over the substrate;
a lower carrier transport layer (131) disposed over the bottom electrode;
a perovskite absorber layer (132) disposed over the lower carrier transport layer,
wherein the perovskite absorber layer has a physical thickness of 900 nm or less (thickness of 100 to 500nm; [0171]) and is characterized by a bandgap energy (BE) (inherent property of the perovskite material; [0056]);
an upper carrier transport layer (133) disposed over the perovskite absorber layer; and
a top electrode (150) disposed over the upper carrier transport layer, and
wherein at least one of the top and bottom electrodes comprises a transparent conducting layer which is transparent to the target wavelength range of light (the top electrode is transparent to the target wavelength of light in order for the perovskite absorber layer to provide a functioning device and the bottom electrode is transparent to the target wavelength range of light for the bottom solar cell).
While Ahn does not expressly disclose the perovskite absorber layer has an optical path length that is greater than or equal to 8 times the physical thickness of the perovskite absorber layer for incident radiation that is i) within the target wavelength range, and ii) within an incident energy range of BE to (BE +0.52 eV), it is noted that once a thin film photovoltaic device is disclosed to have the above-recited structure, and therefore is substantially the same as the thin film photovoltaic device in claim 1, it will, inherently, display the recited properties. See MPEP 2112.01 (I).
Regarding claim 3, Ahn discloses all the claim limitations as set forth above, and further discloses the perovskite material to be AMX3 ([0087]) and the lower carrier transport layer can include various metal oxides ([0084]) and the upper carrier transport layer can be various conductive polymers ([0072]).
While Ahn does not expressly disclose the perovskite absorber layer has a refractive index that is greater than i) a refractive index of the upper carrier transport layer, ii) a refractive index of the lower carrier transport layer, or iii) both (i) and (ii), it is noted that once a thin film photovoltaic device is disclosed to have the above-recited structure, and therefore is substantially the same as the thin film photovoltaic device in claim 3 as described on pages 9 and 11 of the instant specification, it will, inherently, display the recited properties. See MPEP 2112.01 (I).
Regarding claim 4, Ahn discloses all the claim limitations as set forth above, and further discloses the transparent conducting layer can be various metal oxides ([0072]).
While Ahn does not expressly disclose the transparent conducting layer has a refractive index that is less than i) a refractive index of the upper carrier transport layer, ii) a refractive index of the lower carrier transport layer, or iii) both (i) and (ii), it is noted that once a thin film photovoltaic device is disclosed to have the above-recited structure, and therefore is substantially the same as the thin film photovoltaic device in claim 4 as described on page 8 of the instant specification, it will, inherently, display the recited properties. See MPEP 2112.01 (I).
Regarding claim 5, Ahn discloses all the claim limitations as set forth above, and further discloses the substrate is transparent, and wherein the bottom electrode is a transparent electrode comprising the transparent conducting layer (as set forth above, the substrate and the transparent electrode are both transparent in order for light to reach the bottom solar cell).
Regarding claim 6, Ahn discloses all the claim limitations as set forth above, and further discloses the top electrode comprises a reflective metal layer (it is disclosed the front transparent electrode can be made of a metallic material that is the same as the rear transparent electrode; [0071], [0072], and [0091]).
Regarding claim 7, Ahn discloses all the claim limitations as set forth above, and further discloses the bottom electrode further comprises a bottom pattern of metal lines in contact with the transparent conducting layer (it is disclosed the interlayer 120 can be a metallic material ([0080]), where the metallic material comprises metal silver nanowires and metal thin films ([0072])).
Regarding claim 8, Ahn discloses all the claim limitations as set forth above, and further discloses the top electrode is a transparent electrode and comprises the transparent conducting layer (as set forth above).
Regarding claim 9, Ahn discloses all the claim limitations as set forth above, and further discloses the top electrode further comprises a top pattern of metal lines in contact with the transparent conducting layer (as set forth above, the transparent electrode can have a metallic material comprising metal silver nanowires and metal thin films).
Regarding claim 10, Ahn discloses all the claim limitations as set forth above, and further discloses the bottom electrode comprises a reflective metal layer (as set forth above, metal thin films).
Regarding claim 11, Ahn discloses all the claim limitations as set forth above, and further discloses a reflective or opaque light scattering layer (131a) provided i) as part of the substrate, or ii) attached to the substrate, wherein the bottom electrode is a transparent bottom electrode (as set forth above).
Regarding claim 12, Ahn discloses all the claim limitations as set forth above, and further discloses the substrate is transparent, and wherein the bottom electrode is a transparent electrode comprising a bottom transparent conducting layer (as set forth above).
Regarding claim 14, Ahn discloses all the claim limitations as set forth above, and further discloses a transparent superstrate (200) and a transparent adhesive layer (205) interposed between the transparent superstrate and the transparent top electrode ([0104]; see Figure 5).
Regarding claim 16, Ahn discloses all the claim limitations as set forth above, and further discloses at least one textured layer or textured surface selected for increasing the optical path length (131a; [0086]).
Regarding claim 21, Ahn discloses all the claim limitations as set forth above, and further discloses the textured layer or textured surface comprises nanoparticles ([0171]).
Regarding claim 22, Ahn discloses all the claim limitations as set forth above, and further discloses the nanoparticles are at least partially embedded in a layer comprising a material having a different chemical composition and index of refraction relative to the nanoparticles (it is disclosed the materials between 131 and 131a can be different; [0085]).
Regarding claim 28, Ahn discloses all the claim limitations as set forth above.
While Ahn does not expressly disclose the optical path length is greater than or equal to 15 times the physical thickness of the perovskite absorber layer, it is noted that once a thin film photovoltaic device is disclosed to have the above-recited structure, and therefore is substantially the same as the thin film photovoltaic device in claim 28, it will, inherently, display the recited properties. See MPEP 2112.01 (I).
Regarding claim 29, Ahn discloses all the claim limitations as set forth above, and further discloses the perovskite absorber layer has a physical thickness of 500 nm or less (as set forth above).
Claim(s) 1, 3-5, 7-9, 12, 13, 16, 21, 22, 28, 29, and 35 is/are rejected under 35 U.S.C. 102(a)(1) and 102 (a)(2) as being anticipated by Snaith et al. (US 2021/0399246).
Regarding claim 1, Snaith discloses a thin film photovoltaic device (see Figure 1B) configured for receiving and converting a target wavelength range of light to electricity (the tandem structure allows each perovskite semiconductor to be tuned to absorb specific regions of the solar spectrum; [0009]), comprising:
a substrate (bottom Spiro OMeTAD);
a bottom electrode (recombination layer) disposed over the substrate;
a lower carrier transport layer (top Spiro-OMeTAD) disposed over the bottom electrode;
a perovskite absorber layer (FA0.83Cs0.17Pb(Br0.7 I 0.3)3) disposed over the lower carrier transport layer,
wherein the perovskite absorber layer has a physical thickness of 900 nm or less (381 nm; [0475]) and is characterized by a bandgap energy (BE) (inherent property of the perovskite material);
an upper carrier transport layer (PC61BM) disposed over the perovskite absorber layer; and
a top electrode (FTO) disposed over the upper carrier transport layer,
wherein at least one of the top and bottom electrodes comprises a transparent conducting layer which is transparent to the target wavelength range of light (the top electrode is transparent to the target wavelength of light in order for the perovskite absorber layer to provide a functioning device and the bottom electrode is transparent to the target wavelength range of light for the bottom solar cell. The top electrode is FTO and the bottom electrode is ITO), and wherein the ITO nanoparticles is able to scatter light and increase the light absorption of the device ([0033]).
While Snaith does not expressly disclose the perovskite absorber layer has an optical path length that is greater than or equal to 8 times the physical thickness of the perovskite absorber layer for incident radiation that is i) within the target wavelength range, and ii) within an incident energy range of BE to (BE +0.52 eV), it is noted that once a thin film photovoltaic device is disclosed to have the above-recited structure, and therefore is substantially the same as the thin film photovoltaic device in claim 1, it will, inherently, display the recited properties. See MPEP 2112.01 (I).
Regarding claim 3, Snaith discloses all the claim limitations as set forth above, and further discloses the perovskite material to be AMX3 and the lower carrier transport layer is Spiro-OMeTAD and the upper carrier transport layer is PCBM ([0475]; see Figure 1B).
While Snaith does not expressly disclose the perovskite absorber layer has a refractive index that is greater than i) a refractive index of the upper carrier transport layer, ii) a refractive index of the lower carrier transport layer, or iii) both (i) and (ii), it is noted that once a thin film photovoltaic device is disclosed to have the above-recited structure, and therefore is substantially the same as the thin film photovoltaic device in claim 3 as described on pages 9 and 11 of the instant specification, it will, inherently, display the recited properties. See MPEP 2112.01 (I).
Regarding claim 4, Snaith discloses all the claim limitations as set forth above, and further discloses the transparent conducting layer is FTO ([0475]; see Figure 1B).
While Snaith does not expressly disclose the transparent conducting layer has a refractive index that is less than i) a refractive index of the upper carrier transport layer, ii) a refractive index of the lower carrier transport layer, or iii) both (i) and (ii), it is noted that once a thin film photovoltaic device is disclosed to have the above-recited structure, and therefore is substantially the same as the thin film photovoltaic device in claim 4 as described on page 8 of the instant specification, it will, inherently, display the recited properties. See MPEP 2112.01 (I).
Regarding claim 5, Snaith discloses all the claim limitations as set forth above, and further discloses the substrate is transparent (as set forth above), and wherein the bottom electrode is a transparent electrode comprising the transparent conducting layer (as set forth above).
Regarding claim 7, Snaith discloses all the claim limitations as set forth above, and further discloses the bottom electrode further comprises a bottom pattern of metal lines in contact with the transparent conducting layer (it is disclosed a semi transparent electrode using silver nanowires can be selected as the recombination layer; [0012]).
Regarding claim 8, Snaith discloses all the claim limitations as set forth above, and further discloses the top electrode is a transparent electrode and comprises the transparent conducting layer (as set forth above).
Regarding claim 9, Snaith discloses all the claim limitations as set forth above, and further discloses the top electrode further comprises a top pattern of metal lines in contact with the transparent conducting layer (it is disclosed a semi transparent electrode using silver nanowires can be selected; [0012]).
Regarding claim 12, Snaith discloses all the claim limitations as set forth above, and further discloses the substrate is transparent (as set forth above), and wherein the bottom electrode is a transparent electrode comprising a bottom transparent conducting layer (as set forth above).
Regarding claim 13, Snaith discloses all the claim limitations as set forth above, and further discloses the bottom electrode further comprises a bottom set of metal lines in contact with the bottom transparent conducting layer (it is disclosed a semi transparent electrode using silver nanowires can be selected as the recombination layer; [0012]).
Regarding claim 16, Snaith discloses all the claim limitations as set forth above, and further discloses at least one textured layer or textured surface selected for increasing the optical path length ([0033]).
Regarding claim 21, Snaith discloses all the claim limitations as set forth above, and further discloses the textured layer or textured surface comprises nanoparticles ([0033]).
Regarding claim 22, Snaith discloses all the claim limitations as set forth above, and further discloses the nanoparticles are at least partially embedded in a layer comprising a material having a different chemical composition and index of refraction relative to the nanoparticles ([0273]).
Regarding claim 28, Snaith discloses all the claim limitations as set forth above.
While Snaith does not expressly disclose the optical path length is greater than or equal to 15 times the physical thickness of the perovskite absorber layer, it is noted that once a thin film photovoltaic device is disclosed to have the above-recited structure, and therefore is substantially the same as the thin film photovoltaic device in claim 28, it will, inherently, display the recited properties. See MPEP 2112.01 (I).
Regarding claim 29, Snaith discloses all the claim limitations as set forth above, and further discloses the perovskite absorber layer has a physical thickness of 500 nm or less (as set forth above).
Regarding claim 35, Snaith discloses all the claim limitations as set forth above, and further discloses a tandem structure (see Figure 1B), the tandem structure comprising:
a) a first cell including the bottom electrode, the lower carrier transport layer, the perovskite absorber layer, the upper carrier transport layer, and the top electrode (top cell and recombination layer); and
b) a second cell (bottom cell) in optical communication with the first cell (see Figure 1B), the second cell comprising a second perovskite absorber layer having a second bandgap energy (BE2),wherein BE2 is less than BE ([0085] and [0429]).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Snaith et al. (US 2021/0399246) as evidenced by Snaith et al. (US 2015/0249170) (hereinafter Snaith 2015).
Regarding claim 34, Snaith discloses all the claim limitations as set forth above.
Snaith 2015 discloses it is well known in the art before the effective filing date of the claimed invention perovskite materials are capable of absorbing light int the wavelength range of 300 nm to 800 nm ([0127]), but the reference does not expressly disclose the target wavelength range is within a range of at least 450 nm to 800 nm.
It would have been obvious to one of ordinary skill in the art at the time of invention to have selected the overlapping portion of the ranges disclosed by the reference because selection of overlapping portion of ranges has been held to be a prima facie case of obviousness. 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); In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d 1362, 1365-66 (Fed. Cir. 1997).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINA CHERN whose telephone number is (408)918-7559. The examiner can normally be reached Monday-Friday, 9:30 AM-5:30 PM PT.
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/CHRISTINA CHERN/ Primary Examiner, Art Unit 1722