CTNF 19/129,442 CTNF 91968 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. DETAILED ACTION Election/Restriction 08-05 AIA Claim s 9-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected group , there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 5/7/2026 . 18-07-02 AIA Applicant's election with traverse of group 1, claims 1-8 in the reply filed on 5/7/2026 is acknowledged. The traversal is on the ground(s) that groups 1 and 2 are sufficiency related and non-elected claims be held in abeyance for possible rejoinder and/or further prosecution in future application. This is not found persuasive because groups 1-3 lack unity of invention because even though the inventions of these groups require the technical feature of “A thermophotovoltaic system, comprising: a planar substrate that is transparent to infrared radiation; at least one photovoltaic cell disposed on the substrate, two thermal emitters positioned on opposing sides of the substrate, each thermal emitter is configured to emit electromagnetic radiation such that a portion of the electromagnetic radiation passes through the substrate.” , this technical feature is not a special technical feature as it does not make a contribution over the prior art in view of Hitachi (US Pub No. 2018/0019366) . Hitachi et al. teaches a thermophotovoltaic system [Fig. 6, 0040], comprising: a planar substrate [18, Fig. 6, 0027] that is transparent to infrared radiation [See B12 and B22, Fig. 6, 0044]; at least one photovoltaic cell [11 and 17, Fig. 6, 0075] disposed on the substrate [18, Fig. 6, 0027], two thermal emitters [81 and 82, Fig. 6, 0041-0042] positioned on opposing sides of the substrate, each thermal emitter is configured to emit electromagnetic radiation such that a portion of the electromagnetic radiation passes through the substrate [Fig. 6, 0041-0042]. The requirement is still deemed proper and is therefore made FINAL . Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-12-aia AIA (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. 07-15-aia AIA Claim(s) 1-2, and 6-7 is/are rejected under 35 U.S.C. 102 a1 and a2 as being anticipated by Hitachi (US Pub No. 2018/0019366) . Regarding Claim 1 , Hitachi et al. teaches a thermophotovoltaic system [Fig. 6, 0040], comprising: a planar substrate [12 in figure 1, 0027] that is transparent to infrared radiation [See B12 and B22, Fig. 6, 0044]; at least one photovoltaic cell [11 and 17-18, Fig. 1 and Fig. 6, 0075] disposed on the substrate [12 in figure 1, 0027], where the photovoltaic cell is comprised of multiple device layers forming a p-n junction [Fig. 1, 0024-0025]. two thermal emitters [81 and 82, Fig. 6, 0041-0042] positioned on opposing sides of the substrate, each thermal emitter is configured to emit electromagnetic radiation such that a portion of the electromagnetic radiation passes through the substrate [Fig. 6, 0041-0042]. Regarding Claim 2 , Hitachi et al. is relied upon for the reasons given above, Hitachi et al. teaches wherein the substrate is comprised of silicon [0027]. Regarding Claim 7 , Hitachi et al. is relied upon for the reasons given above, Hitachi et al. teaches further comprises a plurality of electrodes electrically coupled to the at least one photovoltaic cell, each electrode pair in the plurality of electrode is disposed on opposing sides of the at least one photovoltaic cell and spatially aligned with each other [fig. 1, 0024-0025] . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-23-aia AIA 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. 07-21-aia AIA Claim (s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hitachi (US Pub No. 2018/0019366) in view of Mills (US Pub No. 2020/0403555) Regarding Claim 3 , Hitachi et al. is relied upon for the reasons given above, Hitachi et al. is silent on wherein the substrate is comprised of either diamond or sapphire. Mills et al. teaches a thermophotovoltaic with a substrate made of Si or sapphire [0435]. Since Hiachi et al. teach a thermophotovoltaic made of silicon, it would have been obvious to one of ordinary skill in the art before the filing of the invention to replace the silicon substrate of Hitachi et al. with the sapphire substrate of Mills et al. as it is merely the selection of a conventional substrate material in the art and one of ordinary skill would have a reasonable expectation of success in doing so. The combination of familiar elements is likely to be obvious when it does no more than yield predictable results. See KSR International Co. v. Teleflex Inc. , 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, A.) . 07-21-aia AIA Claim (s) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hitachi (US Pub No. 2018/0019366) in view of Choi (Materials Science in Semiconductor Processing 120 (2020) 105251) Regarding Claim 4 , Hitachi et al. is relied upon for the reasons given above, Hitachi et al. is silent on further comprises a second photovoltaic cell disposed on opposing side of the substrate, where the second photovoltaic cell is comprised of multiple device layers forming a p-n junction. Choi et al. teaches a pv cell comprising a InGaAs layer sandwiched between InP layers [Fig. 1A, top of page 2]. Since Hitachi et al. the use of a photovoltaic cell, it would have been obvious to one of ordinary skill in the art before the filing of the invention to modify the photovoltaic cell of Hitachi et al. with the cell of Choi et al. as it is merely the selection of a conventional engineering design and one of ordinary skill would have a reasonable expectation of success in doing so. The combination of familiar elements is likely to be obvious when it does no more than yield predictable results. See KSR International Co. v. Teleflex Inc. , 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, A.). Regarding Claim 5 , within the combination above, modified Hitachi et al. teaches wherein the multiple device layers include a layer of indium gallium arsenide sandwiched between layer of indium phosphide [Choi: Fig. 1A, top of page 2] 07-21-aia AIA Claim (s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hitachi (US Pub No. 2018/0019366) in view of Chang (US Pub No. 2011/0303266) Regarding Claim 6 , Hitachi et al. is relied upon for the reasons given above, Hitachi et al. teaches further comprises a spacer layer [13, Fig. 1, 0028] positioned between the at least one photovoltaic cell [11 and 17-18, Fig. 1 and Fig. 6, 0075] and the substrate [12 in figure 1, 0027], and silent on the spacer layer includes at least one cavity formed between the at least one photovoltaic cell and the substrate. Chang et al. teaches a substrate with textured surfaces along with additional layers on both sides of a solar cell used to increase light absorption and efficiency [0076]. Since Hitachi et al. teaches the use of a substrate, it would have been obvious to one of ordinary skill in the art before the filing of the invention to modify the substrate and additional layers of Hitachi et al. with the textured surfaces of Chang et al. in order to increase light absorption and efficiency [0076]. Within the combination above, modified Hitachi et al. teaches a substate layer and the spacer layer 13 would be textured, this would result in layer 13 having a cavity and being between the solar cell and the substate . 07-21-aia AIA Claim (s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hitachi (US Pub No. 2018/0019366) in view of Oh (US Pub No. 2010/0154864) Regarding Claim 8 , Hitachi et al. is relied upon for the reasons given above, Hitachi et al. is silent on further comprises a heat sink thermally coupled to the substrate. Oh et al. teaches the use of a heat sink [40 and 50, Fig. 3, 0054] for a photovoltaic thermal hybrid apparatus [Apparatus]. Since Hitachi et al. teaches the use of a thermophotovoltaic device, it would have been obvious to one of ordinary skill in the art before the filing of the invention to apply the heat sink of Oh et al. to the device of Hitachi et al. as it is merely the selection of a conventional cooling means for a thermophotovoltaic device in the art and one of ordinary skill would have a reasonable expectation of success in doing so. The combination of familiar elements is likely to be obvious when it does no more than yield predictable results. See KSR International Co. v. Teleflex Inc. , 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, A.). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL Y SUN whose telephone number is (571)270-0557. The examiner can normally be reached 9AM-7PM. 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, 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. 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. /MICHAEL Y SUN/ Primary Examiner, Art Unit 1728 Application/Control Number: 19/129,442 Page 2 Art Unit: 1728 Application/Control Number: 19/129,442 Page 3 Art Unit: 1728 Application/Control Number: 19/129,442 Page 4 Art Unit: 1728 Application/Control Number: 19/129,442 Page 5 Art Unit: 1728 Application/Control Number: 19/129,442 Page 6 Art Unit: 1728 Application/Control Number: 19/129,442 Page 7 Art Unit: 1728 Application/Control Number: 19/129,442 Page 8 Art Unit: 1728
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