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
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
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`15/190,186
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`06/23/2016
`
`MICHIO SUZUKA
`
`PANDP0166US
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`8028
`
`MARK D. SARALINO (PAN)
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`1621 EUCLID AVENUE
`19mm
`CLEVELAND, OHIO 44115
`UNITED STATES OF AMERICA
`
`HORTON DUJUAN A
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`MW
`
`1721
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`NOTIFICATION DATE
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`DELIVERY MODE
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`05/16/2018
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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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`ipdoeket@rennerotto.eom
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`PTOL-90A (Rev. 04/07)
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`

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`Off/09 A0170” Summary
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`Application No.
`15/190,186
`Examiner
`DUJUAN A HORTON
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`Applicant(s)
`SUZUKAetal.
`Art Unit
`1754
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`AIA 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 April 2018.
`[:1 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) C] 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 Expat/7e 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) fl 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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`E] Claim(s)
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`is/are allowed.
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`Claim(s) fl is/are rejected.
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`[:1 Claim(s) _ is/are objected to.
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`) ) ) )
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`6 7
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`8
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`
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`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowabte. 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
`10)[:] The specification is objected to by the Examiner.
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`11). The drawing(s) filed on 23 June 2016 is/are: a). accepted or b)[:] objected to by the Examiner.
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`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
`12). 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). All
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`b)D Some”
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`C)D None of the:
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`1..
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`Certified copies of the priority documents have been received.
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`2.[:]
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`Certified copies of the priority documents have been received in Application No.
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`3:] 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) C] Notice of References Cited (PTO-892)
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`2) E] 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) C] 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 20180508
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`

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`Application/Control Number: 15/190,186
`Art Unit: 1754
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`Page 2
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`DETAILED CORRESPONDENCE
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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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`REMARKS
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`No claim amendments were included in the reply filed on 04/10/2018.
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`Claims 1-8 are pending in this application.
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`Claim Rejections - 35 USC § 103
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`The text of those sections of Title 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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`Claim 1-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Seok et al. (WO
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`2014109610, cited in previous action), hereinafter referred to as Seok. Furthermore, Seok will be
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`referenced in view of the equivalent US publication US 20150349282, cited in IDS.
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`Regarding claims 1-4, Seok disclose a perovskite solar cell (110127-110137, Example 3)
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`comprising:
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`-
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`-
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`-
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`-
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`a first electrode (FTO substrate, 110128);
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`an electron transport layer on the first electrode, containing a semiconductor (dense TlOz thin
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`film, 110129);
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`a porous layer on the electron transport layer, containing a porous material (TlOz powder paste
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`coated onto the TlOz thin film, 110131);
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`a light-absorbing layer on the porous layer (light absorber solution coated on the porous metal
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`oxide layer, 110132), containing a first compound and a second compound different from the
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`first compound, the first compound having a perovskite structure represented by a
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`compositional formula ABX3 (methylammonium leadtriiodide, CH3NH3Pb|3) where A represents a
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`

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`Application/Control Number: 15/190,186
`Art Unit: 1754
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`Page 3
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`monovalent cation (methylammonium ion), B represents a divalent cation (lead ion), and X
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`represents a halogen anion (I3), the second compound being represented by a compositional
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`formula BX2 (Pblz), where B represents the divalent cation (Pb2+), and X represents the halogen
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`ion (Pblz, wherein the overall perovskite structure CH3NH3Pb3 is the first compound and the sz
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`that is used to make the CH3NH3Pb3 is the claimed second compound which is consistent with
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`the instant disclosure’s interpretation of the claimed compounds); and
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`-
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`a second electrode (Au deposited on the upper portion of the hole conduction layer, 110134) on
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`the light-absorbing layer, wherein a ratio of a number of moles of the monovalent cation in the
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`light-absorbing layer to a number of moles of the divalent cation in the light-absorbing layer is
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`0.5 or more and 0.9 or less (there is more Pblz present in the mixture due to the molar ratio of
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`0.9:1 which means that the final light absorber layer will contain CHgNGgpblg and some
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`remaining Pblz, 110137).
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`Seok discloses a ratio range that overlaps the instant claimed range. Thusly, it would have been
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`obvious to one having ordinary skill in the art at the time the application was filed to have selected the
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`overlapping portion of the ranges disclosed by the reference because selection of overlapping portion of
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`ranges has been held to be a prima facie case of obviousness. See MPEP 2144.05.|.
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`Seok fails to disclose the ratio of the peak intensity of the diffraction pattern of the first and
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`second compound. However, as set forth above, the reference teaches that the instant claimed ranges
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`of the ratio of the monovalent and divalent cation in the light absorbing layer. Thusly, the disclosed light
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`absorbing layer implicitly discloses the peak intensity ratio as required by the instant claims.
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`Furthermore, Applicant’s published disclosure teach that the composition of the claimed first and
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`second compounds of the light absorbing layer includes the peak intensity ratio of the instant claimed
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`invention. See 110054-0055. Examiner notes that the courts have held that "a compound and all its
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`properties are mutually inseparable," In re Papesch, 315 F.2d 381 (CCPA 1963). Additionally, as per the
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`Application/Control Number: 15/190,186
`Art Unit: 1754
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`Page 4
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`MPEP, the "products of identical chemical compositions cannot have mutually exclusive properties. A
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`chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical
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`chemical structure, the properties applicant discloses and/or claims are necessarily present." See MPEP
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`2112.01.
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`Regarding claim 5, modified Seok discloses all of the limitations as set forth above.
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`Furthermore, Seok teaches that the monovalent cation comprises methylammonium (110084-0085).
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`Regarding claim 6, modified Seok discloses all of the limitations as set forth above.
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`Furthermore, Seok teaches that the divalent cation consisting of Pb”, Ge“, and Sn2+ (110086).
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`Regarding claim 7, modified Seok discloses all of the limitations as set forth above. Moreover,
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`Seok teaches that the solar cell comprising a hole transparent layer between the light absorbing layer
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`and the second electrode (hole conduction layer, Abstract).
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`Regarding claim 8, modified Seok discloses all of the limitations as set forth above.
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`Furthermore, Seok teaches that the porous material comprises titanium oxide (110076-0078).
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`Response to Arguments
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`Applicant's arguments filed 04/10/2018 have been fully considered but they are not persuasive.
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`Applicant argues that the ratio disclosed by the prior art includes the molar ratios of the raw material
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`solution and since the method of forming the light absorbing layer of the instant application is the same
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`as the prior art the ratio of the raw material of the prior art would form light absorbing layers with
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`higher ratios. The Examiner respectfully disagrees. Firstly, the method of the prior art is not the same as
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`the method of Applicant’s invention. The instant method teaches that a layer of Pblz was spin coated
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`and dried on the substrate. A CH3NH3| solution is then coated and dried on the dried Pblz layer. See
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`110099-0100 of Applicant’s published application. The prior art teaches that the light absorbing layer
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`method includes coating a solution comprising both CH3NH3| and Pblz onto a substrate. The solution is
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`Application/Control Number: 15/190,186
`Art Unit: 1754
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`Page 5
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`then dried forming the light absorbing layer (Seok, 110127). Furthermore, the reference discloses a molar
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`ratio that includes the instant claimed ratio, as set forth above.
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`Applicant argues that since the reference fails to teach the claimed molar ratio, the reference
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`fails to disclose the claimed diffraction pattern of the light absorbing layer. The Examiner respectfully
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`disagrees. As set forth above, the reference discloses a light absorbing layer including the claimed molar
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`ratio. Thusly, the Examiner’s statements regarding the diffraction pattern in the rejection of claim 3 are
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`maintained.
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`Conclusion
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`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth
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`in 37 CFR 1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE MONTHS from
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`the mailing date of this action.
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`In the event a first reply is filed within TWO MONTHS of the mailing date
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`of this final action and the advisory action is not mailed until after the end of the THREE-MONTH
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`shortened statutory period, then the shortened statutory period will expire on the date the advisory
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`action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing
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`date of the advisory action.
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`In no event, however, will the statutory period for reply expire later than
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`SIX MONTHS from the mailing date of this final action.
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`Any inquiry concerning this communication or earlier communications from the examiner
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`should be directed to DUJUAN A HORTON whose telephone number is (571)270-7585. The examiner
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`can normally be reached on 8-4:30 EST M-F.
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`Examiner interviews are available via telephone, in-person, and video conferencing using a
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`USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use
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`the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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`

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`Application/Control Number: 15/190,186
`Art Unit: 1754
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`Page 6
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
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`Jennifer Michener can be reached on 571-272-1424. 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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`CANADA) or 571-272-1000.
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`/DUJUAN A HORTON/
`Examiner, Art Unit 1721
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`/MA'I'I'HEW T MARTIN/
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`Primary Examiner, Art Unit 1721
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`