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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`15/817,551
`
`11/20/2017
`
`Toshiaki Baba
`
`P171285US00
`
`1056
`
`WESTERMAN, HATTORI, DANIELS & ADRIAN, LLP
`8500 LEESBURG PIKE
`SUITE 7500
`TYSONS, VA 22182
`
`SMITH, ERIC R
`
`ART UNIT
`1726
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`03/12/2021
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`patentmail @ whda.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Office Action Summary
`
`Application No.
`15/817,551
`Examiner
`ERIC R SMITH
`
`Applicant(s)
`Baba, Toshiaki
`Art Unit
`1726
`
`AIA (FITF) Status
`Yes
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom 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, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`
`
`1) Responsive to communication(s) filed on 1/21/2021.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)¥) This action is FINAL.
`2b) (J This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\0) 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 Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`13 and 17-21 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`Cj] Claim(s)
`is/are allowed.
`Claim(s) 13 and 17-21 is/are rejected.
`(1 Claim(s)__is/are objectedto.
`Cj) Claim(s
`are subjectto restriction and/or election requirement
`S)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11)0) The drawing(s) filedon__ is/are: a)(J accepted or b)() objected to by the Examiner.
`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).
`
`Priority under 35 U.S.C. § 119
`12)1) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)Z None ofthe:
`b)() Some**
`a)C All
`1.2 Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.1.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1) ([] Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date 2/3/2021,
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20210309
`
`

`

`Application/Control Number: 15/817,551
`Art Unit: 1726
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AlA 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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`inventorto file provisions of the AIA.
`
`Response to Amendment
`
`The amendmentfiled 1/21/2021 does not place the application in condition for allowance.
`
`The previous claim objections are withdrawn due to Applicant’s amendment.
`
`The previous art rejections over Chan are revised to address new claim limitations.
`
`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.
`
`Claims 13, 17, 18, 20, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`US PGPub 2015/0072467 to Chan (of record).
`
`Regarding claims13, 17, 18, 20, and 21, Chan teachesa solar cell comprising
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`acrystalline silicon substrate 14/12 (Fig. 2, 10044, 0045, 0053)
`
`a passivation layer 16 formed ona light receiving surface of the crystalline silicon substrate
`
`*
`
`e
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`14/12/22 (10049)
`
`e
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`alight receiving surface electrode 18/20 formed on thelight receiving surface side of the
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`crystalline silicon substrate 14/12 (10046)
`
`*
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`arearsurface electrode 26/28 formed on the rear surface side of the crystalline silicon substrate
`
`(910043)
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`

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`Application/Control Number: 15/817,551
`Art Unit: 1726
`
`Page 3
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`® wherein the crystalline silicon substrate 14/12 comprises a doped layer 14 in the vicinity of the
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`interface between the crystalline silicon substrate and the passivation layer 16
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`e wherein
`
`©
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`thecrystalline silicon substrate 14/12 is an n-type crystalline silicon substrate (10057)
`
`e
`
`the light receiving surface electrode 18/20 comprises
`
`oa first transparent conductive layer 18 formed ona whole surface of the passivation
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`layer 16 (Fig. 2)
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`oa first collector electrode 20 formed on thefirst transparent conductive layer 18, the
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`first collector electrode including a plurality of finger electrodes (10046)
`
`e
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`the rearsurface electrode 26/28 comprises
`
`©
`
`asecond transparent conductive layer 26 formed on the rear surfaceside of the
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`crystalline silicon substrate 14/12
`
`©
`
`asecond collector electrode 28 formed on the second transparent conductive layer 26,
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`the second collector electrode formed in a larger area than thefirst collector electrode
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`(Fig. 2 shows that the electrode 28 is formed to completely cover the second
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`transparent conductive layer 26, whereasthe first collector electrode 20 only partially
`
`coversfirst transparent conductive layer 18).
`
`The limitation that the doped layer is formed by doping a surface of the crystalline silicon
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`substrate into an n-type is a product-by-process limitation. The determination of patentabilityis based
`
`upon the apparatus structureitself. The patentability of a product or apparatus does not depend onits
`
`method of production or formation. Ifthe product in the product-by-process claim is the same as or
`
`obvious from a productof the prior art, the claim is unpatentable even though the prior product was
`
`made by a different process. See Inre Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985)
`
`(see MPEP § 2113).
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`

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`Application/Control Number: 15/817,551
`Art Unit: 1726
`
`Page 4
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`Chan teaches that the doped layer 14 is formed of epitaxially-formed monocrystalline silicon
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`(0045, 0054), and that the substrate 12 is formed of monocrystalline silicon in a preferred embodiment
`
`(0053). A skilled artisan would understand that the doped layer would therefore have the same crystal
`
`structure as the substrate, and be formed on the surface of the substrate, so as to be indistinguishable
`
`from a layer formed by doping a surface of the substrate. Chan therefore teaches the claimed structural
`
`limitations. The doped layer would be understood to be ann+ layer by a person having ordinary skill in
`
`the art.
`
`Chan teaches that the substrate 12 maybe formed to be n-type, and further teaches that a BSF
`
`side, having a higher n+-doping than that of the substrate, may be formed at a light receiving surface, in
`
`an alternative embodiment (10030, 0057). Chan teachesthat it would have been obvious as of the
`
`effective filing date of the claimed invention for a person having ordinary skill in the art to form the
`
`crystalline silicon substrate to be an n-type crystalline silicon substrate, such that the doped layer is
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`doped to have the same conductivity type as that of the substrate (0057). The simple substitution of
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`one known elementfor another is likely to be obvious when predictable results are achieved. See KSR
`
`InternationalCo. v. Teleflex inc., 550 U.S. 398, 415-421, USPQ2d 1385, 1395 — 97 (2007) (see MPEP §
`
`2143, B.).
`
`Per claims 13 and 17, Chan teachesa preferred thickness of the doped layer is less than 10 nm
`
`(0045). Chan further teachesthat it is preferable to form the dopant concentration of the doped layer
`
`to be higher than 1x10!9 cm? (0045). While the range of dopant concentrations taught by Chan
`
`overlaps the claimed range “equal to or higher than 1 x 10°? cm?” and “1 x 10!” cm? to 1 x 107° cm?”,
`
`the reference does notspecifically teach that an average value of the dopant concentration in the doped
`
`layer is in the claimed range. The dopant concentration and doped layer thickness is chosen to reduce
`
`recombination at surfaces (10031-0034). Therefore it would have been obvious as of the effective filing
`
`date of the claimed invention for a person having ordinaryskill in the art to vary the value of the dopant
`
`

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`Application/Control Number: 15/817,551
`Art Unit: 1726
`
`Page5S
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`concentration of the doped layer, and therefore its average value, in order to optimize recombination.
`
`“{W]here the general conditions of a claimare disclosed in the priorart, itis not inventive to
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`discover the optimum or workable ranges by routine experimentation.” See /n re Aller, 220 F.2d 454,
`
`456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective
`
`variable, without producing any new or unexpected results, is within the ambit of a person of ordinary
`
`skill in the art. See in re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05,II.).
`
`In an embodimenrt, the passivation layer 16 has the same conductivity type as the doped layer
`
`14 it contacts (10049), where the doped layer has been established above to have the same conductivity
`
`type as layer 14. Therefore the passivation layer of modified-Chan has a same conductivity type as the
`
`crystalline silicon substrate.
`
`Perclaims 13 and 21, the solar cell further comprises a rear semiconductor layer 22 formed on
`
`approximately a whole area of the rear surface of the crystalline silicon substrate 14/12 (layer 22 is
`
`preferably formed by epitaxy to reduce recombination, 10047, 0049, 0051), the rear semiconductor
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`layer having a conductivity type (p-type) that is different from the crystalline silicon substrate and the
`
`passivation layer 16 in the embodiment in which the doped layer has the same conductivity type as that
`
`of the substrate (10030, 0057).
`
`The dopedlayer 14 is present only on a light receiving surface of the crystalline substrate (layer
`
`14 is present on the light receiving surface of crystalline silicon substrate 12, as previously established;
`
`rear semiconductor layer 22, distinct from the doped layer 14 because of the difference in doping type,
`
`excludes all other layers from being on the rear surface of the crystalline silicon substrate 12
`
`Perclaims 18 and 20, modified-Chan teachesthe limitations of claim 13. Chan teachesthat it
`
`would have been obvious as of the effective filing date of the claimed invention for a person having
`
`ordinaryskill in the art to form the passivation layer 16 of uc-Si:H (10052), as it would have merely
`
`required the choice of a known material for its art-recognized purpose. The selection of a known
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`

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`Application/Control Number: 15/817,551
`Art Unit: 1726
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`Page 6
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`material, which is based uponits suitability for the intended use, is within the ambit of one of ordinary
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`skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07).
`
`Further, Chan teachesthat it is preferred toform the passivation layer to have the same doping
`
`type as the underlying doped layer (10049). Therefore a skilled artisan would form a contact surface of
`
`the passivation layer to the first transparent conductive layer to comprise n-type uc-Si:H, as forming the
`
`passivation layer with that composition is obvious.
`
`Claim(s) 19 is/are rejected under 35U.S.C. 103 as being obvious over Chan as applied to claim
`
`13 above, and furtherin view of US PGPub 2013/0171767 to MoslehilI (of record).
`
`Regarding claim 19, modified-Chan teachesthelimitations of claim 13. That reference does not
`
`teach that the dopant concentration of the doped layer is homogeneous. However, it would have been
`
`obvious as of the effectivefiling date of the claimed invention for a person having ordinaryskill in the art
`
`to form the doped layer to have a homogeneous dopant concentration because Moslehi II teaches that
`
`such a dopant concentration profile may provide higher efficiencies (Fig. 5, 0009, 0061, 0062).
`
`Response to Arguments
`
`Applicant's argumentsfiled 1/21/2021 have been fully considered but they are not persuasive.
`
`Applicant arguesthat element 22 reads on a portion of the doped layer 14 thatis present on the rear
`
`surface of the crystalline silicon substrate 12. However, element 22 reads on the claimed rear
`
`semiconductorlayer formed on the rear surface, the rear semiconductor layer having a conductivity
`
`type that is different from the crystalline silicon substrate and the passivation layer, not the claimed
`
`doped layer. Chan teaches that the substrate 12 may be formed to be n-type, and further teachesthat a
`
`BSFside, that is a layer doped to have a higher n+-doping than that of the substrate, may be formed ata
`
`light receiving surface, inan embodiment (0030, 0057). Thereforeaskilled artisan would obviously
`
`

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`Application/Control Number: 15/817,551
`Art Unit: 1726
`
`Page 7
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`form the layer 22 to have a doping that is opposite to the substrate 12. While the reference teaches that
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`layer 22 may also be formed by doping, the rejection of the claims above clearlydistinguish the doped
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`layer 14 from layer 22 precisely because it has a doping that is opposite to the substrate. Chan’s rear
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`semiconductor layer 22 is formed on a whole area of the rear surface of the n-type crystalline silicon
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`substrate 12 (Fig. 2, 0047, 0049, 0050), and therefore excludes the doped layer from being present on
`
`the rear surface. Further, Chan provides no motivation to form the doped layer on any surface except
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`the light receiving surface. Finally, the claims do not recite limitations which exclude Chan’s layer 22
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`from reading on the claimed rear semiconductor layer, and as such being distinguished from the doped
`
`layer.
`
`The rejection of the claims as prima facie obvious over Chan et al.
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`is proper.
`
`Conclusion
`
`Applicant's amendmentnecessitated 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
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`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
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`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 extension fee 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
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`SIX MONTHS from the date ofthis final action.
`
`

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`Application/Control Number: 15/817,551
`Art Unit: 1726
`
`Page 8
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`Anyinquiry concerning this communication or earlier communications from the examiner
`
`should be directed to ERICR SMITH whose telephone number is (571)270-7186. The examiner can
`
`normally be reached on M-F, 8:30am-5:30pm MST.
`
`Examiner interviews are available via telephone, in-person, and video conferencing using a
`
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`
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`
`If attempts to reachthe examiner by telephone are unsuccessful, the examiner’s supervisor,
`
`Jeffrey Barton canbe reached on (571) 272-1307. The fax phone number for the organization where
`
`this application or proceeding is assigned is 571-273-8300.
`
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`
`ERICR. SMITH
`
`Primary Examiner
`Art Unit 1726
`
`/ERICR SMITH/
`Primary Examiner, Art Unit 1726
`
`