UNITED STATES PATENT AND TRADEMARK OFFICE
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`
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
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`15/817,551
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`11/20/2017
`
`Toshiaki Baba
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`P171285US00
`
`1056
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`WESTERMAN, HATTORI, DANIELS & ADRIAN, LLP
`8500 LEESBURG PIKE
`SUITE 7500
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`TYSONS, VA 22182
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`SMITH ERIC R
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`1726
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`12/05/2019
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
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`following e—mail address(es):
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`patentmai1@ whda.eom
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`PTOL-90A (Rev. 04/07)
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`

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`0/7709 A0170” Summary
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`Application No.
`15/817,551
`Examiner
`ERIC R SMITH
`
`Applicant(s)
`Baba, Toshiaki
`Art Unit
`1726
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`AIA (FITF) Status
`Yes
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`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
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`Status
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`1). Responsive to communication(s) filed on 10/4/2019.
`CI A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a)[:] This action is FINAL.
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`2b)
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`This action is non-final.
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`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
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`4):] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Expade Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
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`5)
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`Claim(s)
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`13 and 17—20 is/are pending in the application.
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`5a) Of the above claim(s)
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`is/are withdrawn from consideration.
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`
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`[:1 Claim(ss)
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`is/are allowed.
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`Claim(ss) 13 and 17—20 is/are rejected.
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`D Claim(ss_) is/are objected to.
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`) ) ) )
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`S)
`are subject to restriction and/or election requirement
`[:1 Claim(s
`* If any claims have been determined aflowable. you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
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`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
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`Application Papers
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`10)|:I The specification is objected to by the Examiner.
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`is/are: a)[] accepted or b)l:] objected to by the Examiner.
`11)[:] The drawing(s) filed on
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
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`Priority under 35 U.S.C. § 119
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`12)D Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`a)I:l All
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`b)|:] Some**
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`c)l:I None of the:
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`1C] Certified copies of the priority documents have been received.
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`2C] Certified copies of the priority documents have been received in Application No.
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`3D Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
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`** See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`1)
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`Notice of References Cited (PTO-892)
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`2) C] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
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`3) E] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20191202a
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`

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`Application/Control Number:15/817,551
`Art Unit21726
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`Page2
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`DETAILED ACTION
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`Notice of Pre-AIA or AIA Status
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`The present application, filed on or after March 16, 2013, is being examined under the first
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`inventor to file provisions of the AIA.
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`This is a NON-FINAL office action.
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`Response to Arguments
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`The amendment filed 10/4/2019 does not place the application in condition for allowance.
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`The rejections under 35 U.S.C. 112(b) are withdrawn due toApplicant’s amendment.
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`The previous art rejections are withdrawn due to Applica nt's arguments.
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`New rejections follow.
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`Claim Rejections - 35 USC § 103
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`The text of those sections ofTitle 35, U.S. Code not included in this action can be found in a
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`prior Office action.
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`Claims 13 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over US PGPub
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`2012/0312361 to Hekmatshoar-Tabari.
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`Regarding claims 13 and 17, Hekmatshoa r-Ta ba ri teachesa solar cell comprising
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`a crystalline silicon substrate 10 (Fig. 5B, 110028-0030, 0056)
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`a passivation layer 42/43 formed on a light receiving surface ofthe crystalline silicon substrate
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`0
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`0
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`10 (110056, 0057)
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`0
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`a light receiving surface electrode 41/44 formed on the light receiving surface side of the
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`crystalline silicon substrate 10 (110058, 0059), wherein the light receiving surface electrode
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`comprises
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`

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`Application/Control Number:15/817,551
`Art Unit21726
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`Page3
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`o
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`a transparent conductive layer 44 formed on a whole surface of the passivation layer
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`42/43
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`0
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`a collector electrode 41 formed on the transparent conductive layer 44, the collector
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`electrode including a plurality of finger electrodes (110051, 0054 describes how light may
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`be incident on a solar cell through a combination of a transparent conductive layer and
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`a plurality of finger electrodes; therefore it is within the broadest reasonable
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`interpretation to interpret the surface ofthe cell of Fig. 5B closest to the bottom of the
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`page as a light receiving surface)
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`0
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`a rearsurface electrode 25/35 formed on the rearsurface of the crystalline silicon substrate 10
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`(10051-0054).
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`The embodiment of Fig. 5B does not specifically teach that the crystalline silicon substrate 10
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`comprises a doped layer in the vicinity of the interface between the crystalline silicon substrate a nd the
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`passivation layer 42/43. However, 110056 recites: ”In this embodiment, the back surface field layer 5
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`may be omitted.” (emphasis added); a skilled artisan would interpret this wording to mean that the back
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`surface field layer5 may optionally be included. A layer 5, seen in other embodiments of cells, is a
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`doped layer of the crystalline silicon substrate (110035), doped to the have the same conductivity type as
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`that of the substrate by doping a surface of the n-type crystalline silicon substrate into an n-type
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`(110032), such that the dopant concentration is in a range from 1017 cm'3 to 1021 cm'3 (110034), with a
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`thickness ranging from 2 nm to 10,000 nm (110033). Such a layer, if optionally included according to the
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`reference's suggestion, would be in the vicinity of the interface between the crystalline silicon substrate
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`and the passivation layer. A person having ordinary skill in the art would understand that a layer such as
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`the layer5 taught by Hekmatshoar-Tabariformed from an n-type surface doped further n-type
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`constitutes an n+ layer. Therefore it would have been obvious as of the effective filing date ofthe
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`claimed invention for a person having ordinary skill in the art to include a doped layer in the vicinity of
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`

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`Application/Control Number:15/817,551
`Art Unit21726
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`Page4
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`the interface between the crystalline silicon substrate and the passivation layer because the inclusion of
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`such a layer is contemplated by the reference. The use of a known technique to improve similar devices
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`(methods or products) in the same way is likely to be obvious. See KSR lnternationa/Co. v. Teleflexlnc.,
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`550 U.S. 398, 415-421, USPQ2d 1385, 1395 — 97 (2007) (see MPEP § 2143, C.).
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`Per claims 13 and 17, the doped layer of modified-Hekmatshoa r-Tabari is discussed as having a
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`range of thickness that overlaps the claimed range. |nthe case where the claimed ranges ”overlap or lie
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`inside ranges disclosed by the prior art” a primafacie case of obviousness exists. In re Wertheim, 541
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`F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodrujj‘, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
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`MPEP §2144.05.
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`While the range of dopa nt concentrations taught by Hekmatshoa r-Ta ba ri overlaps the claimed
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`range ”equal to or higher than 1 X 1017 cm'3”, the reference does not specifically teach that an average
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`value of the dopa nt concentration in the doped layer is in the claimed range. The function of the doped
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`layer is to reduce electron-hole recombination (110032). Therefore it would have been obvious as ofthe
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`effective filing date ofthe claimed invention for a person having ordinary skill in the art to vary the value
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`of the dopa nt concentration of the doped layer, and therefore its average value, in order to optimize
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`electron-hole recombination.
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`”[W]here the general conditions ofa claim are disclosed in the prior art, it is not inventive to
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`discover the optimum or workable ranges by routine experimentation.” See In re Aller, 220 F.2d 454,
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`456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective
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`variable, without producing any new or unexpected results, is within the ambit of a person of ordinary
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`skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, ||.).
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`Application/Control Number:15/817,551
`Art Unit21726
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`Page5
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`Claim(s) 18 and 20 is/are rejected under 35U.S.C. 103 as being obvious over Hekmatshoar-
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`Tabari as applied to claim 13 above, and furtherin view of US PGPub 2014/0224307 to Chen (of
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`record).
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`Regarding claims 18 and 20, modified-Hekmatshoa r-Ta ba ri teaches the limitations of claim 13.
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`That reference teaches that the passivation layer 42/43 may comprise n-type amorphous silicon in an
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`embodiment (10057), but does not specifically teach that the passivation layer is n-type hydrogenated
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`microcrystalline silicon. However, it would have been obvious as of the effective filing date of the
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`claimed invention for a person having ordinary skill in the art to form the passivation layer to be n-type
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`hydrogenated microcrystalline silicon, as it is common toform such layers of microcrystalline silicon as
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`an alternative to amorphous silicon (110044, 0045 of Chen). The simple substitution of one known
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`element for another is likely to be obvious when predictable results are achieved. See KSR International
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`Co. v. TeleerX Inc., 550 U.S. 398,415-421, USPQ2d 1385,1395 - 97 (2007) (see MPEP § 2143, B.).
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`Based on the reasoning above, a contact surface of the passivation |ayerof modified-
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`Hekmatshoa r-Ta ba ri tothe transparent conductive layer comprises n-type pc-SizH.
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`Claim(s) 19 is/are rejected under 35U.S.C. 103 as being obvious over Hekmatshoar-Tabari as
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`applied to claim 13 above, and further in view of US PGPub 2013/0171767 to Moslehi ll (of record).
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`Regarding claim 19, modified-Hekmatshoa r-Ta ba ri teaches the limitations of claim 13. That
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`reference does not teach that the dopa nt concentration of the doped layer is homogeneous. However, it
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`would have been obvious as ofthe effective filing date ofthe claimed invention for a person having
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`ordinary skill
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`in the art to form the doped layer to have a homogeneous dopant concentration because
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`Moslehi || teaches that such a dopant concentration profile may provide higher efficiencies (Fig. 5,
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`110009, 0061,0062).
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`

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`Application/Control Number:15/817,551
`Art Unit21726
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`Page6
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`Response to Arguments
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`Applica nt's arguments, see p. 5-6 ofthe Remarks, filed 10/4/2019, with respect to the
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`rejection(s) ofclaim(s) 13 and 17-19 under Kimoto in view of Maruya ma have been fully considered and
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`are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a
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`new ground(s) of rejection is made in view of Hekmatshoa r-Ta ba ri above.
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the examiner
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`should be directed to ERICR SMITH whose telephone number is (571)270-7186. The examinercan
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`normally be reached on M-F, 8:30am-5:30pm MST.
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`Examiner interviews are available via telephone, in-person, and video conferencing using a
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`Ifattemptsto reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
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`Jeffrey Barton can be reached on (571) 272-1307. The fax phone number for the organization where
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`this application or proceeding is assigned is 571-273-8300.
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`

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`Application/Control Number:15/817,551
`Art Unit21726
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`Page7
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`ERIC R. SMITH
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`Primary Examiner
`Art Unit 1726
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`/ER|CR SMITH/
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`Primary Examiner, Art Unit 1726
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`