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 .
Election/Restrictions
Applicant’s election of Group I directed to claims 14-23 and 25-26 in the reply filed on 07 May 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 24 and 27-28 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
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 14-23, and 25-26 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.
Claim 14 recites “a thickness in the range of 0.1-10nm” but in the recited range, the first end point does not include a unit of measure and it's unclear if the unit of measure of "nm" of the second end point applies to the first endpoint or if the first end point can be a different unit of measure. As such, the scope of claim 14 cannot be reasonably determined and is rendered indefinite.
Claims 15-23, and 25-26 are also rendered indefinite by depending from indefinite claim 14.
Claim 22 recites “a thickness of between 0.4 and 3nm” but in the recited range, the first end point does not include a unit of measure and it's unclear if the unit of measure of "nm" of the second end point applies to the first endpoint or if the first end point can be a different unit of measure. As such, the scope of claim 22 cannot be reasonably determined and is rendered indefinite.
Claim 23 recites “a thickness of between 3 and 12 nm” but in the recited range, the first end point does not include a unit of measure and it's unclear if the unit of measure of "nm" of the second end point applies to the first endpoint or if the first end point can be a different unit of measure. As such, the scope of claim 23 cannot be reasonably determined and is rendered indefinite.
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 14-23, and 25-26 are rejected under 35 U.S.C. 103 as being unpatentable over Bush et al (WO 2018/057419A1) in further view of Kuang et al (WO 2018/007586A1), in further view of Irwin et al (US 2015/0243444) as further evidenced by Lei et al (Measurement of ZnO/Al2O3 Heterojunction Band Offsets by in situ X-Ray Photoelectron Spectroscopy, 2013 Chinese Phys. Lett. 30 118201) and Yang et al (High-throughput computational screening of two-dimensional oxides for high-performance electronic and optoelectronic devices, PHYSICAL REVIEW APPLIED 24, 054075 (2025)).
Regarding claim 14 Bush discloses a photovoltaic device comprising a PIN structure in which a p-type hole transporting layer ([0035], Fig. 1 see: hole-selective contact 108) is carried by a substrate ([0032], Fig. 1 see: substrate 102) and a perovskite layer ([0036], Fig. 1 see: perovskite cell 110) and an n-type electron transporting layer ([0030], Fig. 1 see: electron-acceptor layer 114) are arranged in sequence on the p-type layer (see Fig. 1), and a light transmissive electrically conductive layer provided on top of the n-type electron transporting layer to form a light receiving top surface ([0020], [0030], Fig. 1 see: window 122), characterised in that between the n-type electron transporting layer and the light transmissive conductive layer there is provided an interfacial structure comprising a layer of a conductive material ([0048]-[0049], claim 3 Fig. 1 see: buffer layer 116 comprising a metal oxide such as tin oxide or zinc oxide or zinc tin oxide or titanium oxide).
Bush does not explicitly disclose where said interfacial structure comprises an inorganic electrically insulative layer and the layer of a conductive material deposited in sequence, wherein the inorganic electrically insulative layer comprises a material having a band gap of greater than 4.5 eV and the layer of a conductive material comprises a material having a band gap of less than the band gap of the electrically insulative layer wherein the electrically insulative layer forms a type-1 offset junction with the layer of conductive material, and wherein the electrically insulative layer has a thickness in the range 0.1-10 nm.
Kuang teaches perovskite solar cell having an interfacial structure comprising an inorganic electrically insulative layer of for example Al2O3 (Page 5 of description) as a passivating barrier layer formed between a pair of ETM layers which can include PCBM, TiO2, SnO2, and ZnO (see Abstract and pages 1-2 of description). Kuang teaches this passivating barrier layer protects the device layers from humidity and forms a tunnel contact (Page 5 of description, Paragraph bridging Pages 10-11).
Furthermore, the prior art of Irwin in Fig. 15 discloses a perovskite solar cell including an interfacial structure comprising an Al2O3 insulating layer 6305 formed between two ZnO ETM layers 6306 and 6304 (para [0055], Fig. 15). Irwin teaches such a multi-layer interface layer structure including Al2O3 and ZnO layers provides electron acceptor and electron transport properties where the Al2O3 is a physically robust material (Irwin, [0050]).
Bush, Kuang and Irwin are combinable as they are all concerned with the field of perovskite solar cells.
It would have been obvious to one having ordinary skill in the art at the time of the invention to modify the solar cell of Bush in view of Kuang such that the interfacial structure of Bush further comprises an Al2O3 insulating layer between the two ETM layers of Bush (electron-acceptor layer 114 and buffer layer 116) as in Kuang (see Abstract and pages 1-2, and 5 of description, see: forming a passivating barrier layer (Al2O3) between a pair of ETM layers) as Kuang teaches this passivating barrier layer protects the device layers from humidity and forms a tunnel contact (Page 5 of description, Paragraph bridging Pages 10-11) and as Irwin teaches it was known to form such an Al2O3 insulating layer between ETM layers (para [0055], Fig. 15) as such a multi-layer interface layer structure provides electron acceptor and electron transport properties with the added barrier and passivation properties of the Al2O3 material (Irwin, [0050]).
Further regarding the claim 14 limitations “wherein the inorganic electrically insulative layer comprises a material having a band gap of greater than 4.5 eV and the layer of a conductive material comprises a material having a band gap of less than the band gap of the electrically insulative layer”, Al2O3 has a band gap of greater than 4.5 eV and greater than the conductive materials (tin oxide, zinc oxide, zinc tin oxide, titanium oxide) of Bush. Further Kuang discloses wherein the electrically insulative layer has a thickness in the range 0.1-10 nm (Page 5 of description, see: Al2O3 has a thickness of 0.2 nm to several nanometers).
Regarding the claim 14 limitation “wherein the electrically insulative layer forms a type-1 offset junction with the layer of conductive material” which are directed to material properties of the claimed interfacial structure, Lei teaches where Al2O3- has a bandgap greater than 4.5 eV, ZnO has a bandgap less than Al2O3- and each Al2O3- layer forms a type-1 offset junction with the layer of -ZnO (Lei, see Fig. 2) and as such the interfacial structure of modified Bush will inherently display the claimed material properties of claim 14 as evidenced by Lei. See MPEP 2112.
Furthermore, Yang is also cited to evidence that the band alignments of ZnO, SnO2 and TiO2 forms a type-1 offset junction with Al2O3 (See Fig. 2a) and these conductive materials in modified Bush will also display the recited inherent material properties as in Yang. See MPEP 2112.
Regarding claim 15 modified Bush discloses the photovoltaic device according to claim 14, wherein the layer of a conductive material comprises a material having a band gap of less than or equal to 4.0 eV and greater than 2 eV (Bush, [0048]-[0049], claim 3 Fig. 1 see: buffer layer 116 comprising a metal oxide such as tin oxide or zinc oxide or zinc tin oxide or titanium oxide each of which has a band gap within the recited range) also further evidenced by Lei (Fig. 2 see: ZnO having a bandgap of 3.37 eV).
Regarding claim 16 modified Bush discloses the photovoltaic device as claimed in claim 14, in which the substrate comprises a further photovoltaic sub-cell to form a monolithically integrated multi-junction photovoltaic device (Bush, Fig. 6 see: solar cell 100 deposited on silicon solar cell 602).
Regarding claim 17 modified Bush discloses the photovoltaic device as claimed in claim 14, and Kuang discloses in which the inorganic electrically insulative layer comprises Al2O3 (see page 5 of description, see: passivating barrier layer of Al2O3).
Regarding claim 18 modified Bush discloses the photovoltaic device as claimed in claim 14, in which the layer of a conductive material comprises one or more of the materials selected from the group consisting of: SnOx, ZnOx, (Zn:Sn)Ox, TiOx and InOx (Bush, [0048]-[0049], claim 3 Fig. 1 see: buffer layer 116 comprising a metal oxide such as tin oxide or zinc oxide or zinc tin oxide or titanium oxide).
Regarding claim 19 modified Bush discloses the photovoltaic device as claimed in claim 18, in which the layer of a conductive material comprises SnOx (Bush, [0048]-[0049], claim 3 Fig. 1 see: buffer layer 116 comprising a metal oxide such as tin oxide).
Regarding claim 20 modified Bush discloses the photovoltaic device as claimed in claim 16, in which the further photovoltaic sub-cell comprises a perovskite, monocrystalline silicon, polysilicon, Cu(In, Ga)Se2 or Cu2ZnSn(S, Se)4 sub-cell (Bush, [0065] Fig. 6 see: silicon solar cell 602 having substrate 604 of single- crystal silicon).
Regarding claim 21 modified Bush discloses photovoltaic device as claimed in claim 14, in which the perovskite layer comprises one or more cations selected from organic cations and caesium cations, one or more of Pb, Sn, Sb or Ti, and one or more halide anions selected from Cl, Br and I (Bush, [0037] Fig. 1 see: perovskite cell containing (Cs0.17FA0.83Pb(Br0.17l0.83)3 perovskite).
Regarding claim 22 modified Bush discloses photovoltaic device as claimed in claim 14, and Kuang discloses in which the inorganic electrically insulative layer has a thickness of between 0.4 and 3 nm (Page 5 of description, see: Al2O3 has a thickness of 0.2 nm to several nanometers which overlaps the claimed range with sufficient specificity to anticipate the claimed range).
Regarding claim 23 modified Bush discloses photovoltaic device as claimed in claim 14, in which the layer of a conductive material has a thickness of between 3 and 12 nm (Bush, [0042], [0049] see: the conductive metal oxide of the buffer layer can further include tin oxide deposited at a thickness of approximately 4 nm).
Regarding claim 25 modified Bush discloses method of making a photovoltaic device as claimed in claim 14, and further teaches in which the inorganic electrically insulative layer and the layer of conductive material are deposited in sequence onto the layer of n-type electron transporting material by atomic layer deposition (Kuang, Abstract, Page 5 of description, see: Al2O3 is formed between two ETM layers and is formed by ALD) and (Bush, [0040]-[0047] see: buffer layer 116 formed by ALD).
Regarding claim 26 modified Bush discloses method as claimed in claim 25, in which the atomic layer deposition is performed at a temperature of less than or equal to 125° C (Kuang, Abstract, Page 5 of description, see: Al2O3 is formed between two ETM layers and is formed preferably by ALD at 100 °C) and (Bush, [0040]-[0047] see: buffer layer 116 formed by ALD at a temperature less than 150°C such as at 115°C or 100°C).
Conclusion
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ANDREW J. GOLDEN
Primary Examiner
Art Unit 1726
/ANDREW J GOLDEN/Primary Examiner, Art Unit 1726
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