`geste
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`
`
`
`
`
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`MALLEYJR., DANIEL PATRICK
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`1726
`DATE MAILED: 11/08/2024
`
`17/460,398
`
`08/30/2021
`
`SHINYA OKAMOTO
`
`0837 10-3504
`
`3817
`
`TITLE OF INVENTION: OPTICAL DEVICE, PHOTOELECTRIC CONVERTER, AND FUEL GENERATOR
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`CONFIRMATIONNO.
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`SHINYA OKAMOTO
`08/30/2021
`17/460,398
`TITLE OF INVENTION: OPTICAL DEVICE, PHOTOELECTRIC CONVERTER, AND FUEL GENERATOR
`
`0837 10-3504
`
`3817
`
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`1726
`MALLEY JR., DANIEL PATRICK
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`CONFIRMATIONNO.
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`17/460,398
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`08/30/2021
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`SHINYA OKAMOTO
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`083710-3504
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`3817
`
`Rimon PC - Panasonic Corporation
`8300 Greensboro Dr.
`Site 50
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`McLean, VA 22102
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`MALLEY JR., DANIEL PATRICK
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`1726
`DATE MAILED: 11/08/2024
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`

`

`.
`
`ae
`
`17/460,398
`
`OKAMOTOet al.
`
`DANIEL P MALLEY JR.
`
`1726
`
`Yes
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address--
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application. If not included
`herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANTOF PATENTRIGHTS.This application is subject to withdrawal from issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`1.{¥] This communication is responsive to 20 SEPTEMBER 2024.
`(J A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`.
`
`2._) Anelection was madeby the applicant in responseto a restriction requirement set forth during the interview on
`restriction requirement and election have been incorporatedinto this action.
`
`; the
`
`3.{¥) The allowed claim(s) is/are 1-6,8-18 and 20-30 . As a result of the allowed claim(s), you may beeligible to benefit from the Patent
`Prosecution Highway program at a participating intellectual property office for the corresponding application. For more information
`, please see hitp:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
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`* Certified copies not received:
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`Applicant has THREE MONTHS FROM THE "MAILING DATE"of this communication to file a reply complying with the requirements
`noted below.Failure to timely comply will result in ABANDONMENT ofthis application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
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`5.) CORRECTED DRAWINGS (as "replacement sheets") must be submitted.
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`Paper No./Mail Date
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`sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d).
`
`6.LJ DEPOSIT OFand/or INFORMATION aboutthe deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`4[¥] Acknowledgmentis made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`c) () Noneofthe:
`a) MAI
`b) (] Some*
`1.
`Certified copies of the priority documents have been received.
`2. (J Certified copies of the priority documents have been received in Application No.
`3. (J Copiesof the certified copies of the priority documents have been receivedin this national stage application from the
`International Bureau (PCT Rule 17.2(a)).
`
`Primary Examiner, Art Unit 1726
`
`Attachment(s)
`1.[¥] Notice of References Cited (PTO-892)
`2.C Information Disclosure Statements (PTO/SB/08),
`Paper No./Mail Date
`.
`3.) Examiner's Comment Regarding Requirementfor Deposit
`of Biological Material
`4.C] Interview Summary (PTO-413),
`Paper No./Mail Date.
`/DANIEL P MALLEY JR./
`
`5. (2 Examiner's Amendment/Comment
`6.
`Examiner's Statement of Reasons for Allowance
`
`7. CZ Other
`
`.
`
`U.S. Patent and Trademark Office
`PTOL-37 (Rev. 08-13)
`
`Notice of Allowability
`
`.
`Part of Paper No./Mail Date 20241101
`
`

`

`Application/Control Number: 17/460,398
`Art Unit: 1726
`
`Page 2
`
`Notice of Pre-AlA or AIA Status
`
`The presentapplication, filed on or after March 16, 2013, is being examined under the first inventor to
`
`file provisions of the AIA.
`
`Election/Restrictions
`
`Claim 1 is allowable. The restriction requirement between Species A-J, as set forth in the Office
`
`action mailed on March 30", 2023, has been reconsideredin view of the allowability of claims to the
`
`elected invention pursuant to MPEP § 821.04(a). The restriction requirementis hereby withdrawn as to
`
`any claim that requiresall the limitations of an allowable claim. Specifically, the restriction
`
`requirement of March 30", 2023 is withdrawn. Claims 5-6, 11-15, and 21-25, directed towards the
`
`unelected Species are no longer withdrawn from consideration because the claim(s) requiresall the
`
`limitations of an allowable claim.
`
`In view of the above noted withdrawal of the restriction requirement, applicant is advised thatif
`
`any claim presentedin a divisional application is anticipated by, or includesall the limitations of, a claim
`
`that is allowable in the present application, such claim may be subject to provisional statutory and/or
`
`nonstatutory double patenting rejections over the claims of the instant application.
`
`Once a restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer
`
`applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP §
`
`804.01.
`
`Examiner’s Statement of Reasons for Allowance
`
`The following is an examiner’s statement of reasons for allowance: Taken into the context of
`
`claim(s) 1, a skilled artisan would not have found it obvious to have a photoelectric converter
`
`comprising: a nanostructure body which induces surface plasmon resonance whenirradiated with light;
`
`

`

`Application/Control Number: 17/460,398
`Art Unit: 1726
`
`Page 3
`
`an oxide layer whichis in contact with the nanostructure body and made of an insulating material; an
`
`alloy layer whichis in contact with the oxide layer and which comprises an alloy containing a first metal
`
`and a second metal that are different in work function from each other; an n-type semiconductor which
`
`is in Schottky contact with the alloy layer; an electrode; and a conductor that electrically connects the
`
`electrode and the nanostructure body, wherein the alloy layer is sandwiched between the oxide layer
`
`and the n-type semiconductor, and wherein the n-type semiconductor has a first surface that is in
`
`contact with the alloy layer and a second surfacethat is opposite to the first surface, and the electrode
`
`is in contact with the second surface of the n-type semiconductor.
`
`Although Fujikata (US 2009/0134486 A1) discloses a photoelectric converter (Figure 5a-b)
`
`comprising:
`
`e
`
`ananostructure body (Figure 5a-b, #12) which induces surface plasmon when irradiated
`
`with light (Paragraph 0066-0069 & 0071-0072);
`
`e
`
`an oxide layer whichis in contact with the nanostructure body and made of an insulating
`
`material (Figure 5b, #4 & Paragraph 0082 — SiO2);
`
`e
`
`an alloy layer which is in contact with the oxide layer and which comprises an alloy
`
`containing a first metal and a second metal that are different in work function from each
`
`other (Figure 5b, #2 & Paragraph 0082 — an alloy comprising at least two of silver, gold and
`
`copper);
`
`e
`
`and ann-type semiconductor which is in Schottky contact with the allow layer (Figure 5b, #1
`
`& Paragraph 0055, 0082 & 0085 — n-Si layer);
`
`e wherein the alloy layer (Figure 5b, #2) is sandwiched (See Annotated Fujikata Figure 5b,
`
`below & Paragraph 0055) between the oxide layer (Figure 5b, #4) and the n-type
`
`semiconductor (Figure 5b, #1);
`
`

`

`Application/Control Number: 17/460,398
`Art Unit: 1726
`
`Page 4
`
`e wherein the first metal is selected from gold, silver, or copper and the second metal is
`
`selected from at least one of the other one of gold, silver, and copper (Paragraph 5b, #2 &
`
`Paragraph 0082 - an alloy comprising at least two ofsilver, gold and copper).
`
`Annotated Fujikata Figure 5b
`
`
`Incident Light OSS
`
`
`SES
`
`CALERALALALLALLLE
`
`
`
`mo)
`
`pennyereene era,
`
`4
`
`
`nekeknenenekee?
`
`ARERR
`
`A skilled artisan would not have had a reason for the above stated limitations, therefore the
`
`photoelectric converter as claimed in claim(s) 1-6, 8-18, and 20-30 is novel and non-obvious in view of
`
`the art of record.
`
`Any comments considered necessary by applicant must be submitted no later than the payment
`
`of the issue fee and, to avoid processing delays, should preferably accompanythe issue fee. Such
`
`submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
`
`

`

`Application/Control Number: 17/460,398
`Art Unit: 1726
`
`Page 5
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the examiner
`
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`
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`
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`
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`
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`
`/DANIEL P MALLEYJR./
`Primary Examiner, Art Unit 1726
`
`