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) 1-27 are currently pending.
Claim(s) 1-18 have been withdrawn.
Election/Restrictions
Applicant’s election without traverse of Group 3 (claims 19-27) in the reply filed on 03/20/2026 is acknowledged.
Claims 1-9 and 10-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group 1 (an optical media) and Group 2 (a method of making an optical media), respectively, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 03/20/2026.
Claim Objections
Claim 19 is objected to because of the following informalities: For proper form and consistency in the claim, it is suggested that claim 19 be amended to read as follows:
19. A photovoltaic window, comprising:
a light-transmitting substrate, the light-transmitting substrate having a front main surface, a rear main surface opposite to the front main surface, and a side surface laterally bridging the front main surface and the rear main surface;
an optical media, the optical media having a main plane attached conforming to at least one of: the front main surface and the rear main surface of the light-transmitting substrate;
a first photovoltaic cell, the first photovoltaic cell having a main plane facing and attached abutting against the side surface of the light-transmitting substrate;
wherein the optical media includes a matrix and luminescent phosphors dispersed in the matrix, wherein the luminescent phosphors include at least one of luminescent inorganic phosphors and quantum dot nanocrystals, and
wherein responsive to irradiation of an incident light projected on the light-transmitting substrate, the luminescent phosphors emit excitation light, wherein the excitation light projects on the first photovoltaic cell.
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.
Claims 22, 23, 25 and 26 are 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.
Regarding claim 22
Claim 22 recites the following limitations:
(a) “wherein the luminescent inorganic phosphors are made of one or a combination of…” and
(b) “wherein the quantum dot nanocrystals are made of…”
However, claim 19, from which claim 22 depends, recites: “the luminescent phosphors include at least one of luminescent inorganic phosphors and quantum dot nanocrystals.” Accordingly, it is not clear if one or both of the luminescent inorganic phosphors and the quantum dot nanocrystals are required by the instant claim.
For purposes of examination on the merits, it is interpreted that at least one of conditions (a) and (b), set forth above, are required by the claim consistent with the limitations recited in independent claim 19.
Regarding claim 23
Claim 23 is rejected at least for its dependency on claim 22.
Regarding claim 25
Claim 25 recites the following conditions:
(c) the first emission peak and the second emission peak having a light wavelength in a range of 590 nanometers to 1200 nanometers; and
(d) the first emission peak is a light wavelength of 600 nanometers, and the second emission peak is a light wavelength of 910 nanometers.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c).
In the present instance, claim 25 recites the broad recitation “the first emission peak and the second emission peak having a light wavelength in a range of 590 nanometers to 1200 nanometers”, and the claim also recites “the first emission peak is a light wavelength of 600 nanometers, and the second emission peak is a light wavelength of 910 nanometers” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. One of ordinary skill cannot reasonably ascertain if one or both conditions (c) and (d) are required by the claim. Accordingly, the meets and bounds of the claim cannot be determined.
For purposes of examination on the merits, it is interpreted limitation (d), set forth above, is not required by the claim.
Regarding claim 26
Claim 26 is rejected at least for its dependency on claim 25.
Claim Rejections - 35 USC § 102
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.
Claim(s) 19-21 and 25-27 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2021/0071076 A1, Tan et al. (hereinafter “Tan”).
Regarding claim 19
Tan teaches a photovoltaic window (corresponding to a solar window or LSC) [para. 0209], comprising:
a light-transmitting substrate (corresponding to a glass or polymer panel that serves to protect the quantum dot layer from moisture or oxygen induced degradation) [paras. 0067-0068, 0206-0207 and 0209], the light-transmitting substrate (glass or polymer panel) having a front main surface, a rear main surface opposite to the front main surface, and a side surface laterally bridging the front main surface and the rear main surface [paras. 0067-0068, 0206-0207 and 0209];
an optical media (corresponding to composite material of the luminescent quantum dots and polymer matrix) [para. 0209], the optical media having a main plane attached conforming to at least one of: the front surface and the rear surface of the light-transmitting substrate (the composite material can be sandwiched and encapsulated between two panels of glass or polymer) [paras. 0206-0207 and 0209];
a first photovoltaic cell (the LSC may further comprise one or more solar cells arranged along at least one edge of the layered material) [para. 0217-0218], the first photovoltaic cell having a main plane facing and attached abutting against the side surface of the light-transmitting substrate (thin strips of silicon solar cells can be lined across the panel edges. One of ordinary skill would have recognized that the panel edges include a side surface) [paras. 0067-0068, 0071-0072 and 0217-0218; see also para. 0224 wherein all four sides are lined with solar cells];
wherein the optical media includes a matrix and luminescent phosphors dispersed in the matrix (composite material comprising a luminescent nanoparticle material and a polymeric material, wherein the luminescent nanoparticle material is homogeneously dispersed throughout a matrix formed by the polymeric material) [paras. 0059-0061], wherein the luminescent phosphors include at least one of luminescent inorganic phosphors and quantum dot nanocrystals (quantum dots dispersed in the polymer matrix) [paras. 0198, 0209 and 0211], and
wherein responsive to irradiation of an incident light projected on the light-transmitting substrate, the luminescent phosphors emit excitation light, wherein the excitation light projects on the first photovoltaic cell (the luminescent nanoparticles absorb and concentrate incoming light, wherein the absorbed energy can then be emitted and some of said emitter light reaches the edges of the LSC to be absorbed by a solar cell) [paras. 0208 and 0217].
Regarding claim 20
Tan teaches the photovoltaic window as set forth above, further comprising a second photovoltaic cell (one or more solar cells), the second photovoltaic cell having a main plane facing and attached abutting against the rear main surface of the light-transmitting substrate (one or more solar cells arranged along at least one edge of the layered material, wherein one of ordinary skill would recognize that the panel edges include a rear surface) [paras. 0067-0068, 0071-0072 and 0217-0218; see also para. 0224 wherein all four sides are lined with solar cells], wherein the excitation light projects on the second photovoltaic cell disposed on the rear main surface (the luminescent nanoparticles absorb and concentrate incoming light, wherein the absorbed energy can then be emitted and some of said emitter light reaches the edges of the LSC to be absorbed by a solar cell or reflected by mirrors towards a solar cell or for direct use) [paras. 0208 and 0217].
Regarding claim 21
Tan teaches the photovoltaic window as set forth above, wherein the second photovoltaic cell is disposed on a periphery (edges) of the rear main surface (all four sides, which include the rear main surface, are lined/substantially covered with solar cells) [paras. 0217 and 0224].
Regarding claim 25
Tan teaches the photovoltaic window as set forth above, wherein the luminescent phosphors (quantum dots) include a first emission peak and a second emission peak, the first emission peak and the second emission peak having a light wavelength in a range of 590 nanometers to 1200 nanometers (the emission, that is, the photoluminescence peak, may occur at any value from 700 to 1100 nm) [Fig. 12 and paras. 0110 and 0302], wherein the first emission peak is a light wavelength of 600 nanometers, and the second emission peak is a light wavelength of 910 nanometers (the emission, that is, the photoluminescence peak, may occur at any value from 700 to 1100 nm) [paras. 0110 and 0302].
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Regarding claim 26
Tan teaches the photovoltaic window as set forth above, wherein the luminescent phosphors (quantum dots) include a first emission peak and a second emission peak [see Fig. 12 and para. 0302], the first emission peak and the second emission peak corresponding to a light wavelength in a range of 800 nanometers to 1100 nanometers of an incident light [see Fig. 12 above, paras. 0110 and 0302].
Regarding claim 27
Tan teaches the photovoltaic window as set forth above, wherein the luminescent inorganic phosphors have an average particle size below 2 micrometres (the overall quantum dot size was approximately 10 nm in diameter) [para. 0227].
Claim Rejections - 35 USC § 103
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) 22-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tan as applied to claims 19-21 and 25-27 above, and further in view of US 2016/0002238 A1, Umeda et al. (hereinafter “Umeda”).
Regarding claim 22
Tan teaches the photovoltaic window as set forth above, wherein the light-transmitting substrate is made of a polymeric material [paras. 0067-0068, 0206-0207 and 0209], and
wherein the quantum dot nanocrystals are made of one or a combination of the following materials:
CdS, CdSe, CdTe, PbS, PbSe, PbTe, ZnS, ZnSe, ZnTe, InP, InAs, Cu2S, In2S3,ZnSSe, ZnSeTe, ZnSTe, CdSSe, CdSeTe, HgSSe, HgSeTe, HgSTe, ZnCdS, ZnCdSe, ZnCdTe, ZnHgS, ZnHgSe, ZnHgTe, CdHgS, CdHgSe, CdHgTe, ZnCdS Se, ZnHgSSe, ZnCdSeTe, ZnHgSeTe, CdHgSSe, CdHgSeTe, CuInS2, CuInSe2,CuInGaSe2, CuInZnS2, CuZnSnSe2, CuIn(Se,S)2, CuInZn(Se,S)2, AgIn(Se,S)2,CuInS2/ZnS, and CuInSe2/ZnS (e.g., InAs, InP, ZnSeS, ZnSe, and ZnS [para. 0021, 0103, 110, 0126-0127].
Tan is silent to the polymeric material being selected from one or a combination of the following materials:
Bisphenol A Diglycidyl Ether, Methyl Methacrylate, Carbonate, Lauryl Methacrylate,2-Hydroxyethyl Methacrylate, Ethylene Glycol Dimethacrylate, Dimethicone, Polyethylene, polyacrylate, polysiloxane, polyacrylamide, polyimide, polyvinyl alcohol, polylactic acid, cellulose, polyvinylpyrrolidone, and epoxy resin.
Umeda teaches a photovoltaic window (solar cell module 1) comprising:
a light-transmitting substrate (transparent protective layer 27);
an optical media (corresponding to light concentrating plate 2) including a matrix (corresponding to substrate 7) and luminescent phosphors (8) dispersed in the matrix (7); and
a first photovoltaic cell (corresponding to solar cell element 3) [Fig. 2 and paras. 0161-0162 and 0169],
wherein the light-transmitting substrate (27) can be made of polymeric materials such as polyethylene (PE), polyamide, cellulose, polymethyl methacrylate, or the like [Fig. 3B and para. 0202].
Tan and Umeda are analogous inventions in the field of photovoltaic windows comprising luminescent phosphors dispersed in the matrix. Because Umeda teaches choosing from a finite number of identified, predictable polymer materials for the light transmitting substrate, one of ordinary skill in the art would have found obvious to pursue the known options with reasonable expectation of success [see MPEP 2143]. Since any of polyethylene (PE), polyamide, cellulose or polymethyl methacrylate leads to the anticipated success, said transparent polymer materials are not of innovation but of ordinary skill and common sense [see MPEP 2143].
The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945) [MPEP 2144.07].
Regarding claims 23 and 24
Tan does not teach that the luminescent inorganic phosphors comprise rare earth-doped phosphors, wherein the rare earth-doped phosphors include one or a combination of the following rare earth elements: neodymium, dysprosium, holmium, erbium, thulium, europium, terbium; and wherein a mass fraction of the rare earth elements in the rare earth-doped phosphors is in a range of 0.01% to 10% (claims 23 and 24).
a light-transmitting substrate (transparent protective layer 27);
an optical media (corresponding to light concentrating plate 2) including a matrix (corresponding to substrate 7) and luminescent phosphors (8) dispersed in the matrix (7); and
a first photovoltaic cell (corresponding to solar cell element 3) [Fig. 2 and paras. 0161-0162 and 0169],
wherein the luminescent phosphors comprise rare earth-doped phosphors [para. 0174], wherein the rare earth-doped phosphors include one or a combination of the following rare earth elements: neodymium, dysprosium, holmium, erbium, thulium, europium, terbium (e.g., GdBO3:Eu, Y2O3:Eu, Gd2O3:Tb, Y2O2S:Tb) [para. 0174], and
wherein a mass fraction of the rare earth elements in the rare earth-doped phosphors is in a range of 0.01% to 10% (0.001 wt % to 0.04 wt % of rare-eart doped phosphors for improving the absorbed dose of sunlight and concentration efficiency, thereby increasing the power production of the device) [para. 0181].
Tan and Umeda are analogous inventions in the field of photovoltaic windows comprising luminescent phosphors dispersed in the matrix. 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 luminescent phosphors disclosed in Tan with the rare earth-doped phosphors of Umeda as such are known compounds capable of absorbing ultraviolet or visible light and emitting visible or infrared light. One of ordinary skill in the art would have looked into the known luminescent phosphor materials discloses in Umeda with reasonable expectation of success.
Furthermore, one of ordinary skill would have found obvious to have provided the rare earth elements in the rare earth-doped phosphors in an amount in the range of 0.001 wt % to 0.04 wt %, as discloses in Umeda, for the purpose of improving the absorbed dose of sunlight and concentration efficiency, thereby increasing the power production of the device.
In the case 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) [MPEP 2144.05].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2013/0133736 A1, Van Bommel et al. teaches a photovoltaic window (corresponding to the device shown in Fig. 3 below) comprising:
a transparent matrix or plate (30) comprising luminophores (40) that absorb (solar) irradiation and reemit the light in all directions and one or more solar cells (20) attached to the sides of said transparent plate (30) [Fig. 3 and para. 0052].
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US 2013/0139868 A1, Zhang et al. teaches a solar cell device (100) encapsulated by laminating the cell on both sides with films of the luminescent wavelength conversion material (101), which comprises an optically transparent polymer matrix and at least one chromophore (102) [Fig. 1 and para. 0112].
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAYLA GONZALEZ RAMOS whose telephone number is (571)272-5054. The examiner can normally be reached Monday - Thursday, 9:00-5:00 - EST.
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/MAYLA GONZALEZ RAMOS/Primary Examiner, Art Unit 1721
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