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.
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.
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Claims 1-5, 7-14, 16-18 and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 12342657 B1. Although the claims at issue are not identical, they are not patentably distinct from each other because all of the structural limitations of instant claims 1-5, 7-14, 16-18 and 20 can be found in claims 1-16 US 12342657 B1. Below is the correspondence between instant claims and that of US 12342657 B1.
Instant claims
US 12342657 B1 claims
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1
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1 and 9
Allowable Subject Matter
Claims 1-20 are allowed over the prior art.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claims 1 and 20
US 2022/0376124 A1, Feng et al. (hereinafter “Feng”) teaches a photovoltaic module [Fig. 17 and para. 0104], comprising:
at least one cell string (19), each formed by connecting solar cells of the at least one cell string (19) including interconnected solar cells [Fig. 17 and para. 0104];
an encapsulation glue film (20), configured to cover a surface of the at least one cell string (19) [Fig. 17 and para. 0104]; and
a cover plate (21), configured to cover a surface of the encapsulation glue film (20) facing away from the at least one cell string (19) [Fig. 17 and para. 0104], wherein each of the solar cells includes:
a substrate (1), having a first surface (back surface 3) and a second surface (front surface 2) opposite to the first surface [Fig. 1-2 and 4, para. 0048], the first surface (3) including alternating electrode regions (corresponding to regions 101 and 102) and non-electrode regions (corresponding to gap regions 4) [Figs. 1-2, 2 and 3, paras. 0050 and 0056], and transition regions (see region denoted as TR in annotated Fig. 2 below; see also para. 0056), each respective transition region (TR) of the transition regions being abutted on one side by a respective electrode region (any one of 101 and 102) of the electrode regions (the transition region, TR, is in contact with the pyramid texture regions 11 that are formed in areas corresponding to conductive layers 6 and 7) and on an opposing side by a respective non-electrode region (4) of the non-electrode regions (4) [Figs. 2-3 and paras. 0054-0057], wherein the respective transition (TR) region includes a plurality of spaced first pyramid structures (10) and a plurality of micro-convex structures (12) [Figs. 2-3, paras. 0056-0057 and 0078];
a first dielectric layer (15), formed over the respective electrode region (101/102) [Fig. 1-2 and paras. 0059-0060]; and
a first doped conductive layer (corresponding to first and second conductive layers 6 and 7), formed over the first dielectric layer (115) [Fig. 1-2 and paras. 0059-0060].
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Feng, Fig. 2 Feng, Fig. 3
Feng does not teach the following limitations:
a one- dimensional size of a bottom of a respective micro-convex structure of the plurality of micro- convex structures is smaller than a one-dimensional size of a bottom of a respective first pyramid structure of the plurality of first pyramid structures,
the one-dimensional size of the bottom of the respective micro-convex structure or the respective first pyramid structure is one of a length or a diagonal length of an orthographic projection pattern of the bottom of the respective micro-convex structure or the respective first pyramid structure, respectively, on the substrate, and
wherein the plurality of spaced first pyramid structures are mixed with the plurality of micro-convex structures throughout the respective transition region.
Feng discloses a first pyramidal texture structure region 10 adjacent to the boundary region 5, wherein the pyramidal texture structures in the part of the first pyramidal texture structure region 10 are disposed adjacent to the line-pattern concave and convex texture structures 12 in the boundary region 5. However, Feng does not show the first pyramidal texture structure region 10 being mixed with the line-pattern concave and convex texture structures 12 in the boundary region 5. Accordingly, Feng does not teach the limitation (c) as set forth above.
With regards to the limitation “a one-dimensional size of a bottom of a respective micro-convex structure of the plurality of micro-convex structures is smaller than a one-dimensional size of a bottom of a respective first pyramid structure of the plurality of first pyramid structures”, Feng discloses that a distance between a top surface and a bottom surface of the first pyramidal texture structure regions 10 ranges from 2 um to 4 um; and a distance between a top surface and a bottom surface of the line-pattern concave and convex texture structure 12 ranges from 1 um to 4 um [paras. 0075 and 0078]. Accordingly, Feng does not teach the limitation (b) as set forth above.
Further, while Feng teaches the distance between the top surface and the bottom surface of each of the first pyramidal texture structure region, Feng is silent to “the one-dimensional size of the bottom of the respective micro-convex structure or the respective first pyramid structure is one of a length or a diagonal length of an orthographic projection pattern of the bottom of the respective micro-convex structure or the respective first pyramid structure, respectively, on the substrate” as required by claim 1. Accordingly, Feng does not teach the limitation (a) as set forth above.
US 2009/0308438 A1, De Ceuster et al. (hereinafter “De Ceuster”) teaches a solar cell (see solar cell structure depicted in Figs. 1-2; see also para.0030), comprising:
a substrate (corresponding to N-type silicon wafer 103) [Figs. 1-2 and para. 0031], having a first surface (backside 106) and a second surface (front side 105) opposite to the first surface [Figs. 1-2 and para.0030], the first surface including alternating electrode regions (see areas denoted as “ER1” and “ER2” of the backside 106 where interdigitated metal contact fingers 108 and 109 are formed) and non-electrode regions (see portions denoted as “B” in annotated Fig. 2 below) [Fig. 2 and para.0038], and transition regions (See portions denoted as “A” and “C” in Fig 2 below), each respective transition region (A/C) of the transition regions (A and C) being abutted on one side by a respective electrode region (any one of ER1 or ER2) of the electrode regions (ER1 and ER2) and on an opposing side by a respective non-electrode region (B) of the non-electrode regions (B) [Fig. 2 and para.0038],
a first dielectric layer (corresponding to thin dielectric 113), formed over the respective electrode region (ER1 and ER2) [Fig. 2 and para.0030]; and
a first doped conductive layer (corresponding to doped regions 101 and 102 which is consistent with Fig. 12 and para. 0124 of the instant specification), formed over the first dielectric layer (113) [Fig. 2 and para.0030].
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De Ceuster, annotated Fig. 2
De Ceuster teaches each respective transition region (A and B) including a plurality of spaced first pyramid structures (corresponding to random textures surface 114 formed in transition regions A and C) [Fig. 2 and para.0035].
However, De Ceuster is silent to the respective transition regions further comprising a plurality of micro-convex structures.
Furthermore, De Ceuster is silent to limitations (a)-(c) as set forth above. Accordingly, De Ceuster does not alleviate the deficiencies of Feng and the claim is allowed.
Regarding claims 2--20
Claims 2-20 are allowed for their dependency on claim 1.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2020/0135944 A1, Yi et al. teaches a solar cell comprising nano/pyramid structures on a surface thereof [Fig. 5, paragraphs 0074-0075].
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/MAYLA GONZALEZ RAMOS/Primary Examiner, Art Unit 1721