DETAILED ACTION
The response of July 7, 2026 is considered herein.
Claim 1 has been amended.
Claims 4, and 14-17 have been cancelled.
Claims 1-3, and 5-13 are pending and have been considered herein.
Claim Objections
Claim 5 is objected to because of the following informalities: Dependency of claim 5 on claim 4 was not corrected upon amending claim 1 to include the limitations of claim 4. For this reason, claim 5 should depend on claim 1, not claim 4. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 5-7 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 5 requires the first functional layer to be present between the second carrier transport layer and the second electrode layer but it is only in this location in claim 1 when combination with other locations, as its presence in this location alone has been removed from the options of claim 1 (previous claim 4). Figure 5 and paragraphs [0013]-[0019] only show the second functional layer to present when the first functional layer is between the second carrier transport layer and the second electrode layer and this is not consistent with the location for the first functional layer as described in claim 1. For this reason, the presence of the first functional layer in multiple locations including between the second carrier transport layer and second electrode layer, as defined in claim 1, with the presence of the second functional layer is not supported by the specification as filed. Please amend or cancel the claims as necessary.
Claims 6 and 7 are rejected as being dependent from rejected claim 5.
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 5-7 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 5 requires the first functional layer to be present between the second carrier transport layer and the second electrode layer but it is only in this location in claim 1 when combination with other locations, as its presence in this location alone has been removed from the options of claim 1 (previous claim 4). It is unclear if the Applicant is referring to the condition of claim 1 when multiple locations of the first functional layer are present including between the second carrier transport layer and the second electrode with a location proximate the perovskite and on the external surface of the electrode, if the claim was inconsistently amended in reference to the removal of this option of claim 1 and is attempting to refer to when the first functional layer is only present in the location of claim 5, or if there is a different interpretation of claim 5 wherein the location of the first functional layer is present that is not considered herein. While the figure 5 and paragraphs [0013]-[0019] only show the second functional layer to present when the first functional layer, this is not what is listed in the current claim, and is therefore unclear. Please amend or cancel the claim consistent with the location of the first functional layer as detailed in claim 1.
Claims 6 and 7 are rejected as being dependent from rejected claim 5.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-4, and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over XIE et al (WO2023/010933A1, wherein US PG PUB 2024/0251575A1 is cited here as an equivalent English translation), in view of KUANG et al (US PG PUB 2019/0229285).
Regarding claims 1 and 2, XIE et al teaches a perovskite battery (abstract) comprising:
a first electrode layer (40, “first transparent electrode layer”) configured to be an electrode layer for light incidence in the perovskite battery (see figure 1);
a first carrier transport layer (20, “first carrier transport layer”) disposed on the first electrode layer (see figure 1), the first carrier transport layer (20) being one of a hole transport layer and an electron transport layer (paragraph [0053]);
a perovskite layer (10, “perovskite light absorption layer”) disposed on a side of the first carrier transport layer (20) facing away from the first electrode layer (40) (see figure 1);
a second electrode layer (50, “second transparent electrode layer”) located on a side of the perovskite layer (10) facing away from the first electrode layer (40) (see figure 1); and
the perovskite battery further comprises a second carrier transport layer (30, “second carrier transport layer”) disposed between the perovskite layer (10) and the second electrode layer (50) (see figure 1), wherein the second carrier transport layer is the other of the hole transport layer and the electron transport layer (taught in paragraph [0110] to function as the hole transport layer, when the first carrier transport layer (20) is taught to function as the electron transport layer (paragraph [0108]);
wherein the first functional layer (60) is disposed on a side of the second electrode layer (50) facing away from the second carrier transport layer.
While XIE et al teaches a first functional layer (60, “optical adjustment layer”, 1st interpretation layer 60 includes layers 61-63 and 2nd interpretation layer 60 includes layers 64/65) located on a side of the perovskite layer (10) facing away from the first electrode layer (40) and on a side of the second electrode layer (50) in a thickness direction (vertical direction, see figure 1), wherein the first functional layer (60) is capable of reflecting at least a portion of light incident from the first electrode layer and transmitted through the perovskite layer back to the perovskite layer (Figure 8 shows the reflectivity by the functional layer, rendering a layer capable of reflecting and transmitting as claimed. Moreover, the following paragraphs of XIE et al teach materials recited in instant claim 2 and in paragraph [0008] of the specification as filed. Paragraph [0008] details these materials are capable of performing the claimed reflection pattern. Paragraphs [0022] and [0023] - 60 is taught to include magnesium fluoride, LiF, tungsten sulfide, molybdenum sulfide, paragraph [0015] and [0016] aluminum oxide, silver, gold, aluminum, paragraph [0112] titanium dioxide. These materials overlap with those of claim 2.), XIE et al fails to address the presence of the first functional layer in the positioning now claimed.
KUANG et al teaches a perovskite cell comprising a stack of TCO/ETM/perovskite/HTM/electrode, just as in XIE et al. KUANG et al further teaches the addition of a barrier layer on the surface of the perovskite layers, just as in figures 3E, 3F, 3M, and 3N for example. The barrier layer is taught to protect the perovskite layer from water, water vapor, oxygen while still enabling tunnel contact (paragraph [0023]), passivation for reduced interface recombination (paragraph [0038]) and the location adjacent to the perovskite is shown in figures 4A compared to 4B, 5A compared to 5B, and 6A, to provide improve performance over time compared to devices without these barrier protection layers. The materials of the barrier layer of KUANG et al includes materials overlapping both instant claim 2 as the first functional layer and that of XIE et al, as disclosed in paragraph [0032].
At the time of filing, it would have been obvious to one of ordinary skill in the art to utilize an oxide barrier layer (reading on a first functional layer of the instant application) of KUANG et al, around the perovskite of XIE et al so as to protect the perovskite layer, reduce interface recombination and improve performance over time. The addition of the first functional layer adjacent to the perovskite layer as in KUANG et al, in the device of XIE et al, reads on the structure of the claim wherein the first functional layer is disposed between the perovskite layer and the second carrier transport layer; and the first functional layer disposed both between the perovskite layer and the second carrier transport layer and between the second carrier transport layer and the second electrode layer. To be clear, while the benefit of utilizing the barrier layers of KUANG et al is different from that of the first functional layer of the instant application, the use of the same materials will necessarily render the same benefit (reflection, as claimed) even if this benefit is not expressly disclosed in KUANG et al.
Regarding claim 3, modified XIE et al teaches a thickness of the first functional layer ranges from 0.5 nm to 20 nm (XIE et al teaches the aluminum layer in paragraph [0112] with a thickness of 5nm. Also, taught by the range of thickness of metal thickness layer in paragraph [0069], range of 1-10nm, fully encompassed in the range claimed. Also taught by a protective layer (62/63) thickness of 1-30 nm in paragraph [0070], wherein the range is taught with sufficient specificity. Lastly, taught by MgF2 (64) with a thickness of 14 nm in table 1. KUANG et al teaches the thickness to be .2nm-several nm thick in paragraph [0023]).
Regarding claim 13, XIE et al teaches an electrical apparatus (glass or curtain wall of a building, paragraph [0055]), wherein the electrical apparatus comprises the perovskite battery according to claim 1 (taught by XIE et al, in view of KUANG et al in the above rejection), the perovskite battery being configured to provide electrical energy (inherent function of a solar cell).
Claim(s) 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over XIE et al, in view of KUANG et al and YIN et al (CN 110854270, wherein citations are made to the English Machine translation provided herein.
Of note, in the interest of compact prosecution, claim 5 is interpreted to include the first functional layer as being required to be between the second carrier transport layer and the second electrode layer and at least the perovskite and second carrier transport layer in claim 1 (as taught by the addition of KUANG et al to XIE et al), as the location of the first functional layer being present between the second carrier transport layer and the second electrode layer is not solely listed in the options of claim 1 (as addressed in the 35 USC 112 rejection above).
Regarding claims 5 and 6, XIE et al teaches the first functional layer (60) is disposed between the second carrier transport layer (30) and the second electrode layer (50) and the use of a metal electrode as second electrode (50, reading on the instant claim first metal layer) in paragraph [0055] for use as an opaque electrode. KUANG et al teaches the layering of a non-transparent electrode (but not metal) with a barrier layer in paragraph [0026]. The combination fails to disclose wherein the second electrode layer comprises a second functional layer and a first metal layer stacked on a side of the first functional layer facing away from the second carrier transport layer, wherein the second functional layer is configured to block migration of iodine ions from the perovskite layer to the first metal layer.
YIN et al teaches a perovskite battery comprising a stack of first electrode (10)/transport layer (20)/perovskite (30)/transport layer (40)/second electrode (60), just as in XIE et al and KUANG et al. YIN et al then teaches the use of a lithium fluoride layer (50) between transport layer (40) and the electrode (60) to reduce migration of ions from the perovskite to the electrode (2nd paragraph, background technique, page 1, halogen ion migration), reduce water oxygen transmittance (summary of the invention, page 1) and increase stability of the electrode (2nd paragraph, background technique, page 1).
At the time of filing, it would have been obvious to one of ordinary skill in the art to utilize a lithium fluoride layer between the second carrier transport layer and second electrode of modified XIE et al, as detailed in YIN et al, so as to reduce migration of halide ions and reduce oxygen transmittance. The addition of the lithium fluoride layer reads on the second functional layer of the instant claim. The use of a metal layer as the second electrode of XIE et al is clear as the use of a known conductor (metal) for conduction, would render the desired predictable functionality. One of ordinary skill would have found it obvious to place the second functional layer on the surface of the second electrode of XIE et al so as to protect the remainder of the cell (including the second transport layer) from oxygen and water transmission. Moreover, since the lithium fluoride layer of YIN et al is required to be present between the second carrier transport layer and second electrode (first metal layer), within the device of XIE et al, as also shown as a barrier layer adjacent the electrode in figures 3M and 3N in KUANG et al, the second functional layer can only be present in two possible location: between the second carrier layer (30) and first functional layer (60) or the first functional layer (60) and the second electrode (50). As such, as there are only a finite number of solutions (two locations), one of ordinary skill in the art would have had a reasonable expectation of success by selecting from this finite list, and thus it would have been obvious to place the second functional layer stacked on a side of the first functional layer facing away from the second carrier transport layer, because there is a finite number of identified, predictable solutions. Choosing from a finite number of identified, predictable solutions, with a reasonable expectation for success, is likely to be obvious to a person if ordinary skill in the art. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385, 1395 - 97 (2007) (see MPEP § 2143, I, E.).
Regarding claim 7, YIN et al teaches a thickness of the second functional layer ranges from 5 nm to 30 nm (S04, page 2, thickness of 20-40nm, wherein the overlap renders obvious the claimed range.).
Claim(s) 8-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over XIE et al, in view of KUANG et al and LAN et al (CN 114335345A, wherein citations are made to the English machine translation provided herein).
Regarding claims 8 and 9, modified XIE et al fails to teach a surface of the perovskite layer on a side facing away from the first carrier transport layer is a rough surface.
LAN et al teaches a perovskite solar cell (4, abstract) with carrier transport layer (5), just as in modified XIE et al. LAN et al further teaches the use of texture (zig zag side wall, abstract) on both sides of the perovskite layer (5th paragraph of Detailed Description, page 5). Paragraph 4 of Detailed Description teaches the use of recesses to form the texture to increase light absorption of the perovskite layer, increasing efficiency.
At the time of filing, it would have been obvious to one of ordinary skill in the art to the plurality of recesses in the surfaces or texture of the perovskite of modified XIE et al, as taught by LAN et al, so as to increase light absorption of the perovskite and increase efficiency.
Regarding claim 10, LAN et al teaches an inner contour shape of the recessed structures is an inverted pyramid shape (abstract teaches zig zag, reading on pyramid shaped).
Regarding claim 11, LAN et at al teaches a depth hi of the recessed structures satisfies: 0 <hi≤100 nm (3rd paragraph of page 3 teaches a range of depth of 20-300nm, overlapping and rendering obvious the claimed range).
Regarding claim 12, LAN et al teaches the plurality of recessed structures are arranged in an array (claim 1 of LAN et al).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and its dependents have been considered but are moot because the new ground of rejection which relies on newly cited KUANG et al for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
KUANG et al also reads on claim 1 as currently written when the first functional layer is present in all the locations claimed in a 102 capacity, which is not more applicable than the current 103 rejection.
CN113571649 also teaches the addition of barrier or functional layers surrounding the perovskite to combine with XIE et al.
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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/KOURTNEY R S CARLSON/Primary Examiner, Art Unit 1721 8/11/2026
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