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 § 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.
Claims 1-5, 9, 11-15, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (KR 20130089052 A – see attached machine translation) in view of Tanaka et al. (US 2015/0179829).
Regarding claim 1, Lee discloses a back contact solar cell ([0001]) comprising: a semiconductor substrate ([0021], substrate 301), wherein the semiconductor substrate comprises a first surface and a second surface opposite to the first surface (bottom surface of 301 in Fig. 3 is a first surface), wherein the first surface comprises: a non-electrode collecting region located at edges of the first surface (region of bottom surface of 301 in Figures 3 and 4 under 305); and an electrode collecting region located on an inner side of the non-electrode collecting region, wherein the electrode collecting region comprises minority carrier regions and majority carrier regions distributed alternately and at intervals along a first direction (regions of bottom surface of 301 in Figure 4 under 302 and 303 along a first direction as depicted in annotated Fig. 4 below), wherein along the first direction: outermost minority carrier regions located on two sides (regions of bottom surface of 301 under outermost portions of 302 depicted in annotated Fig. 4 below) are closer to the non-electrode region (region of bottom surface of 301 in Figure 4 under 305) than an outermost majority carrier region (region of bottom surface of 301 under outermost portions of 303 depicted in annotated Fig. 4 below); and the outermost minority carrier regions located on the two sides are adjacent to the non-electrode region (regions of bottom surface of 301 under outermost portions of 302 depicted in annotated Fig. 4 below in relation to region of bottom surface of 301 under 305; it is noted that the limitation “adjacent” does not require direct physical contact or the absence of intermediate components); a first doped semiconductor portion, arranged on the majority carrier regions (303 in Figures 3 and 4 arranged on regions of bottom surface of 301); first electrodes arranged on the first doped semiconductor portion ([0020] and [0022] disclose a rear electrode type solar cell with a busbar doping layer); a second doped semiconductor portion, arranged on the minority carrier regions (302 in Figures 3 and 4 arranged on regions of bottom surface of 301), wherein a conductivity type of the second doped semiconductor portion is opposite to a conductivity type of the first doped semiconductor portion (302 and 303 in Figures 3 and 4 have opposite conductivity types); second electrodes arranged on the second doped semiconductor portion ([0020] and [0022] disclose a rear electrode type solar cell with a busbar doping layer); and a majority carrier passivation layer arranged on the non-electrode collecting region (305 in Figures 3 and 4 arranged on the underlying region of the bottom surface of 301), wherein the majority carrier passivation layer is insulated from the first electrodes and the second electrodes (305 in relation to 302 and 303 in Fig. 5), wherein a thickness of the majority carrier passivation layer is greater than a thickness of the second doped portion ([0031]; thickness of 305 in relation to thickness of 302 in Fig. 3), wherein a conductivity type of the majority carrier passivation layer is the same as the conductivity type of the first doped semiconductor portion (conductivity type of 305 in relation to conductivity type of 303 in Fig. 3), and wherein the majority carrier passivation layer comprises a third doped semiconductor portion arranged on the non-electrode collecting region ([0025]; 305 on underlying region of bottom surface of 301 in Figures 3 and 4).
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While Lee does disclose by increasing the impurity concentration of the side portion of the substrate compared to the inside of the substrate, the movement of minority carriers toward the side substrate can be minimized ([0024]), Lee does not explicitly disclose the majority carrier passivation layer covers at least a portion of a side surface of the semiconductor substrate connecting the first surface and the second surface.
Tanaka discloses a back contact solar cell ([0040]) and further discloses a passivation layer covering at least a portion of a side surface of the semiconductor substrate connecting the first and second surfaces ([0150] L2-3).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to form the passivation layer of Lee on the side surface, in addition to the back surface, as disclosed in Tanaka, because as taught by Tanaka, a photovoltaic cell element which is excellent in power generation efficiency can be thereby produced ([0150]).
Additionally, as evidenced by Tanaka, the formation of a passivation layer in a back contact solar cell on both the back and edge surfaces of a substrate amounts to the use of a known configuration in the art, and one skilled in the art would have a reasonable expectation of success when forming the passivation layer of Lee on both the back and side surfaces of the substrate based on the teachings of Tanaka.
Regarding claim 2, modified Lee discloses all the claim limitations as set forth above. Lee further discloses along the first direction, a width of the non-electrode collecting region is less than a width of a minority carrier region (width of a bottom surface of 301 under 305 in relation to a width of a bottom surface of 301 under 302 in annotated Fig. 4 above).
It is noted that with regard to the limitation “along the first direction, the width of the non-electrode collecting region is less than 1000 microns,” while modified Lee does not explicitly disclose along the first direction, the width of the non-electrode collecting region is less than 1000 microns, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to form the non-electrode collecting region of modified Lee such that, along a first direction, the width of the non-electrode collecting region is less than 1000 microns, because such a modification would have involved a mere change in the size (or dimension) of a component. A change in size (dimension) is generally recognized as being within the level of ordinary skill in the art. In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955). Where the only difference between the prior art and the claims is a recitation of relative dimensions of the claimed device, and the device having the claimed dimensions would not perform differently than the prior art device, the claimed device is not patentably distinct from the prior art device, Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984).
Regarding claim 3, modified Lee discloses all the claim limitations as set forth above. Lee further discloses in the first surface, the non-electrode region is arranged on an outer side of the electrode collecting region along a second direction different from the first direction (a region of the bottom surface of 301 under 305 in annotated Fig. 4 above is arranged on an outer side of regions of the bottom surface of 301 under 302 and 303 along a direction perpendicular to the depicted first direction).
Regarding claim 4, modified Lee discloses all the claim limitations as set forth above. Lee further discloses in the first surface, the non-electrode region is arranged on an outer side of the electrode collecting region along a second direction different from the first direction (a region of the bottom surface of 301 under 305 in annotated Fig. 4 above is arranged on an outer side of regions of the bottom surface of 301 under 302 and 303 along a direction perpendicular to the depicted first direction).
While modified Lee does not explicitly disclose a width of the non-electrode collecting region along the second direction is less than or equal to a width of the non-electrode collecting region along the first direction, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to form the non-electrode collecting region such that, along the second direction, a width of the non-electrode collecting region is less than or equal to a width of the non-electrode collecting region along the first direction, because such a modification would have involved a mere change in the size (or dimension) of a component. A change in size (dimension) is generally recognized as being within the level of ordinary skill in the art. In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955). Where the only difference between the prior art and the claims is a recitation of relative dimensions of the claimed device, and the device having the claimed dimensions would not perform differently than the prior art device, the claimed device is not patentably distinct from the prior art device, Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984).
Regarding claim 5, modified Lee discloses all the claim limitations as set forth above. Lee further discloses a material of the third doped semiconductor portion is the same as a material of the first doped semiconductor portion ([0021]; both portions are formed of crystalline silicon).
Regarding claim 7, modified Lee discloses all the claim limitations as set forth above. Lee further discloses
Regarding claim 9, modified Lee discloses all the claim limitations set forth above. Lee further discloses a surface of a minority carrier region is a textured surface (it is noted that the claim limitation “textured” does not specify a specific roughness or degree of texturization, therefore, the texture that necessarily exists, at least to a degree, in the surface of the substrate of Lee satisfies the limitation “textured surface”).
With regard to the limitation “wherein a surface of the non-electrode collecting region is a polished surface; and a surface of a minority carrier region is at textured surface, it is noted that the limitations “polished” and “textured” are directed to the manner in which the device is made, and said limitations are not given patentable weight in the product claims. Even though a product-by-process is defined by the process steps by which the product is made, determination of patentability is based on the product itself and does not depend on its method of production. In re Thorpe, 777 F.2d 695, 227 USPQ 964 (Fed. Cir. 1985).
Regarding claim 11, modified Lee discloses all the claim limitations as set forth above. Lee further discloses the back contact solar cell further comprises a first interface passivation layer, wherein the first interface passivation layer is arranged between the semiconductor substrate and the first doped semiconductor portion ([0030] discloses a eutectic or silicide layer formed near the substrate interface).
Regarding claim 12, modified Lee discloses all the claim limitations as set forth above. Lee further discloses the back contact solar cell comprises first and second interface passivation layers ([0030] discloses a eutectic or silicide layer formed near the substrate interface), wherein the first interface passivation layer and the first doped semiconductor portion form a first passivation contact structure, and the second interface passivation layer and the second doped semiconductor portion form a second passivation contact structure (the structure formed by the eutectic or silicide layer and 302 and 303, respectively, satisfy the limitation “passivation contact structure”), and wherein a passivated contact type of the first passivation contact structure is different from a passivated contact type of the second passivation contact structure (302 and 303 in Fig. 3 are opposite conductivity types, and therefore contact different dopants and eutectic/silicide layers).
Regarding claim 13, Lee discloses a photovoltaic module comprising a back contact solar cell ([0001]) that comprises: a semiconductor substrate ([0021], substrate 301), wherein the semiconductor substrate comprises a first surface and a second surface opposite to the first surface (bottom surface of 301 in Fig. 3 is a first surface), wherein the first surface comprises: a non-electrode collecting region located at edges of the first surface (region of bottom surface of 301 in Figures 3 and 4 under 305); and an electrode collecting region located on an inner side of the non-electrode collecting region, wherein the electrode collecting region comprises minority carrier regions and majority carrier regions distributed alternately and at intervals along a first direction (regions of bottom surface of 301 in Figure 4 under 302 and 303 along a first direction as depicted in annotated Fig. 4 above), wherein along the first direction: outermost minority carrier regions located on two sides (regions of bottom surface of 301 under outermost portions of 302 depicted in annotated Fig. 4 above) are closer to the non-electrode region (region of bottom surface of 301 in Figure 4 under 305) than an outermost majority carrier region (region of bottom surface of 301 under outermost portions of 303 depicted in annotated Fig. 4 above); and the outermost minority carrier regions located on the two sides are adjacent to the non-electrode region (regions of bottom surface of 301 under outermost portions of 302 depicted in annotated Fig. 4 above in relation to region of bottom surface of 301 under 305; it is noted that the limitation “adjacent” does not require direct physical contact or the absence of intermediate components); a first doped semiconductor portion, arranged on the majority carrier regions (303 in Figures 3 and 4 arranged on regions of bottom surface of 301); first electrodes arranged on the first doped semiconductor portion ([0020] and [0022] disclose a rear electrode type solar cell with a busbar doping layer); a second doped semiconductor portion, arranged on the minority carrier regions (302 in Figures 3 and 4 arranged on regions of bottom surface of 301), wherein a conductivity type of the second doped semiconductor portion is opposite to a conductivity type of the first doped semiconductor portion (302 and 303 in Figures 3 and 4 have opposite conductivity types); second electrodes arranged on the second doped semiconductor portion ([0020] and [0022] disclose a rear electrode type solar cell with a busbar doping layer); and a majority carrier passivation layer arranged on the non-electrode collecting region (305 in Figures 3 and 4 arranged on the underlying region of the bottom surface of 301), wherein the majority carrier passivation layer is insulated from the first electrodes and the second electrodes (305 in relation to 302 and 303 in Fig. 5), wherein a thickness of the majority carrier passivation layer is greater than a thickness of the second doped portion ([0031]; thickness of 305 in relation to thickness of 302 in Fig. 3), wherein a conductivity type of the majority carrier passivation layer is the same as the conductivity type of the first doped semiconductor portion (conductivity type of 305 in relation to conductivity type of 303 in Fig. 3), and wherein the majority carrier passivation layer comprises a third doped semiconductor portion arranged on the non-electrode collecting region ([0025]; 305 on underlying region of bottom surface of 301 in Figures 3 and 4).
While Lee does disclose by increasing the impurity concentration of the side portion of the substrate compared to the inside of the substrate, the movement of minority carriers toward the side substrate can be minimized ([0024]), Lee does not explicitly disclose the majority carrier passivation layer covers at least a portion of a side surface of the semiconductor substrate connecting the first surface and the second surface.
Tanaka discloses a back contact solar cell ([0040]) and further discloses a passivation layer covering at least a portion of a side surface of the semiconductor substrate connecting the first and second surfaces ([0150] L2-3).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to form the passivation layer of Lee on the side surface, in addition to the back surface, as disclosed in Tanaka, because as taught by Tanaka, a photovoltaic cell element which is excellent in power generation efficiency can be thereby produced ([0150]).
Additionally, as evidenced by Tanaka, the formation of a passivation layer in a back contact solar cell on both the back and edge surfaces of a substrate amounts to the use of a known configuration in the art, and one skilled in the art would have a reasonable expectation of success when forming the passivation layer of Lee on both the back and side surfaces of the substrate based on the teachings of Tanaka.
Regarding claim 14, Lee discloses a manufacturing method of a back contact solar cell ([0001]) comprising: providing a semiconductor substrate ([0021], substrate 301), wherein the semiconductor substrate comprises a first surface and a second surface opposite to the first surface (bottom surface of 301 in Fig. 3 is a first surface), wherein the first surface comprises: a non-electrode collecting region located at edges of the first surface (region of bottom surface of 301 in Figures 3 and 4 under 305); and an electrode collecting region located on an inner side of the non-electrode collecting region, wherein the electrode collecting region comprises minority carrier regions and majority carrier regions distributed alternately and at intervals along a first direction (regions of bottom surface of 301 in Figure 4 under 302 and 303 along a first direction as depicted in annotated Fig. 4 above), wherein along the first direction: outermost minority carrier regions located on two sides (regions of bottom surface of 301 under outermost portions of 302 depicted in annotated Fig. 4 above) are closer to the non-electrode region (region of bottom surface of 301 in Figure 4 under 305) than an outermost majority carrier region (region of bottom surface of 301 under outermost portions of 303 depicted in annotated Fig. 4 above); and the outermost minority carrier regions located on the two sides are adjacent to the non-electrode region (regions of bottom surface of 301 under outermost portions of 302 depicted in annotated Fig. 4 above in relation to region of bottom surface of 301 under 305; it is noted that the limitation “adjacent” does not require direct physical contact or the absence of intermediate components); forming a first doped semiconductor portion on the majority carrier regions (303 in Figures 3 and 4 arranged on regions of bottom surface of 301); forming first electrodes on the first doped semiconductor portion ([0020] and [0022] disclose a rear electrode type solar cell with a busbar doping layer); forming a second doped semiconductor portion on the minority carrier regions (302 in Figures 3 and 4 arranged on regions of bottom surface of 301), wherein a conductivity type of the second doped semiconductor portion is opposite to a conductivity type of the first doped semiconductor portion (302 and 303 in Figures 3 and 4 have opposite conductivity types); forming second electrodes on the second doped semiconductor portion ([0020] and [0022] disclose a rear electrode type solar cell with a busbar doping layer); and forming a majority carrier passivation layer on the non-electrode collecting region (305 in Figures 3 and 4 arranged on the underlying region of the bottom surface of 301), wherein the majority carrier passivation layer is insulated from the first electrodes and the second electrodes (305 in relation to 302 and 303 in Fig. 5), wherein a thickness of the majority carrier passivation layer is greater than a thickness of the second doped portion ([0031]; thickness of 305 in relation to thickness of 302 in Fig. 3), wherein a conductivity type of the majority carrier passivation layer is the same as the conductivity type of the first doped semiconductor portion (conductivity type of 305 in relation to conductivity type of 303 in Fig. 3), and wherein the majority carrier passivation layer comprises a third doped semiconductor portion arranged on the non-electrode collecting region ([0025]; 305 on underlying region of bottom surface of 301 in Figures 3 and 4).
While Lee does disclose by increasing the impurity concentration of the side portion of the substrate compared to the inside of the substrate, the movement of minority carriers toward the side substrate can be minimized ([0024]), Lee does not explicitly disclose the majority carrier passivation layer covers at least a portion of a side surface of the semiconductor substrate connecting the first surface and the second surface.
Tanaka discloses a back contact solar cell ([0040]) and further discloses a passivation layer covering at least a portion of a side surface of the semiconductor substrate connecting the first and second surfaces ([0150] L2-3).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to form the passivation layer of Lee on the side surface, in addition to the back surface, as disclosed in Tanaka, because as taught by Tanaka, a photovoltaic cell element which is excellent in power generation efficiency can be thereby produced ([0150]).
Additionally, as evidenced by Tanaka, the formation of a passivation layer in a back contact solar cell on both the back and edge surfaces of a substrate amounts to the use of a known configuration in the art, and one skilled in the art would have a reasonable expectation of success when forming the passivation layer of Lee on both the back and side surfaces of the substrate based on the teachings of Tanaka.
Regarding claim 15, modified Lee discloses all the claim limitations as set forth
above.
While modified Lee does not explicitly disclose the first semiconductor portion and the majority carrier passivation layer are formed simultaneously, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to form the first semiconductor portion and the majority carrier passivation layer of modified Lee simultaneously because selection of any order of performing process steps is prima facie obvious in the absence of new or unexpected results; In re Gibson, 39 F.2d 975, 5 USPQ 230 (CCPA 1930). MPEP 2144.04 IV C.
Regarding claim 17, modified Lee discloses all the claim limitations as set forth above. Lee further discloses the first surface comprises an isolation region between the non-electrode collecting region and the electrode collecting region (region of 301 under 302, 303 in relation to region of 301 under 305 in Figures 3 and 4), and wherein the majority carrier passivation layer is insulated from the first and second electrodes by the isolation region (305 in relation to 302 and 303 in Figures 3 and 4).
Regarding claim 18, modified Lee discloses all the claim limitations as set forth above. Lee further discloses a conductivity type of the majority carrier passivation layer is an n type (305 in Fig. 3) and the conductivity type of the second doped semiconductor portion is a p type (302 in Fig. 3).
Regarding claim 19, modified Lee discloses all the claim limitations as set forth above. Modified Lee further discloses the first passivation contact structure is a tunneling passivation contact structure (the disclosed structure including the eutectic or silicide layer and the first doped semiconductor portion is capable of tunneling, at least to an extent, and therefore satisfies the limitation “tunneling passivation contact structure”), and the second passivation contact structure is a heterogeneous contact structure (the eutectic or silicide layer is heterogeneous; the eutectic or silicide layer and the material of the second doped semiconductor portion are different which satisfies the limitation “heterogeneous contact structure”).
Regarding claim 20, modified Lee discloses all the claim limitations as set forth above.
While modified Lee does not explicitly disclose a thickness of the first doped semiconductor portion is greater than the thickness of the second doped semiconductor portion, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to form the first doped semiconductor portion such a thickness of the first doped semiconductor portion is greater than the thickness of the second doped semiconductor portion because such a modification would have involved a mere change in the size (or dimension) of a component. A change in size (dimension) is generally recognized as being within the level of ordinary skill in the art. In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955). Where the only difference between the prior art and the claims is a recitation of relative dimensions of the claimed device, and the device having the claimed dimensions would not perform differently than the prior art device, the claimed device is not patentably distinct from the prior art device, Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984).
Claims 6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (KR 20130089052 A – see attached machine translation) in view of Tanaka et al. (US 2015/0179829) as applied to claim 1 above, in view of Goto et al. (US 2013/0180585 A1).
Regarding claim 6, modified Lee discloses all the claim limitations as set forth above.
Modified Lee does not explicitly disclose the back contact solar cell further
comprises a hydrogen-containing passivation layer, wherein the hydrogen-containing passivation layer is arranged on a side of the majority carrier passivation layer facing away from the semiconductor substrate.
Goto discloses a back contact solar cell ([0003]) and further discloses a hydrogen-containing passivation layer arranged on a backside of the semiconductor substrate ([0049]).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to form a hydrogen-containing passivation layer, as disclosed by Goto, on the back surface of the solar cell of Lee, because as evidenced by Goto, the formation of a passivation layer on the rear surface of a back contact solar cell amounts to the use of a known material in the art for its intended purpose to achieve an expected result, and one skilled in the art would have a reasonable expectation of success when including a passivation layer on the rear surface of the back contact solar cell of Lee based on the teaching of Goto. It is noted that Goto teaches hydrogen improves passivation properties ([0049]).
Regarding claim 8, modified Lee discloses all the claim limitations as set forth above. Modified Lee further discloses at least a part of the hydrogen-containing passivation layer and the second doped semiconductor portion are integrally continuous (modified Lee discloses a hydrogen-containing passivation layer on the rear side of the back contact solar cell as set forth above; it is noted that the limitation “integrally continuous” does not require direct physical contact or the absence of intermediate components).
Allowable Subject Matter
Claims 7, 10, and 16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/TAMIR AYAD/Primary Examiner, Art Unit 1726
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