www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/101,788
`
`08/13/2018
`
`Kazunori Fujita
`
`P180775US00
`
`9271
`
`WESTERMAN, HATTORI, DANIELS & ADRIAN, LLP
`8500 LEESBURG PIKE
`SUITE 7500
`TYSONS, VA 22182
`
`KANG,TAE-SIK
`
`ART UNIT
`1726
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`07/06/2020
`
`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.
`16/101,788
`Examiner
`TAE-SIK KANG
`
`Applicant(s)
`Fujita et al.
`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 03/13/2020.
`LC} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)(J This action is FINAL. 2b))This action is non-final.
`3) 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\(Z 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*
`1-13 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) 14-17 is/are withdrawn from consideration.
`[] Claim(s)__ is/are allowed.
`Claim(s) 1-13 is/are rejected.
`S)
`) © Claim(s)____is/are objected to.
`C] 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:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10)C The specification is objected to by the Examiner.
`11)M The drawing(s) filed on 08/13/2018 is/are:
`a)@) 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)[¥) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)() None ofthe:
`b)( Some**
`a)) All
`1.4) Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.2.) 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)).
`* 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
`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 20200630
`
`

`

`Application/Control Number: 16/101,788
`Art Unit: 1726
`
`Page 2
`
`DETAILED ACTION
`
`Examiner’s Notes
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined under the first
`
`inventor to file provisions of the AIA.
`
`Election/Restrictions
`
`2.
`
`Applicant’s election without traverse of Group | and Species A (claims 1-13) in the reply on
`
`03/13/2020 is acknowledged.
`
`3.
`
`Claims 14-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being
`
`drawn to nonelected Group and Species, there being no allowable generic or linking claim.
`
`4.
`
`The following is a quotation of 35 U.S.C. 112:
`
`Claim Rejections - 35 USC § 112
`
`(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-AlA), 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.
`
`5.
`
`Claims 4-5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AlA), second
`
`paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject
`
`matter which the inventoror a joint inventor, or for pre-AlA the applicant regards as the invention.
`
`Claim 4 recites “thereofin line 3.
`
`It is unclear as to what Applicant intends the limitation “thereof”
`
`to further limit. All claims which depend on clam 4 are rejected by virtue of dependency. Appropriate
`
`correction is required.
`
`

`

`Application/Control Number: 16/101,788
`Art Unit: 1726
`
`Page 3
`
`Claim 4 recites “the remaining region”in lines 4-5. There is insufficient antecedent basis for this
`
`limitation in the claim. All claims which depend on clam4are rejected by virtue of dependency.
`
`Appropriate correction is required.
`
`Claim 4 recites “the remaining region’in lines 4-5.
`
`It is unclear as to what Applicant intends the
`
`limitation “remaining region”to further limit. All claims which depend on clam 4 are rejected by virtue of
`
`dependency. Appropriate correction is required.
`
`Claim 5 recites “thereofin line 3.
`
`It is unclear as to what Applicant intends the limitation “thereof”
`
`to further limit. Appropriate correction is required.
`
`Claim 5 recites “thereof” in line 5.
`
`It is unclear as to what Applicant intends the limitation “thereof”
`
`to further limit. Appropriate correction is required.
`
`Claim Rejections - 35 USC § 103
`
`6.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousnessrejections
`
`setforth in this Office action:
`
`A patent for a claimed invention may not be obtained, notwithstanding that the claimed
`invention is not identically disclosed as set forth in section 102 of thistitle, if the
`differences between the claimed invention and the prior art are such that the claimed
`invention as a whole would have been obvious before the effectivefiling date of the
`claimed invention to a person having ordinary skill in the art to which the claimed
`invention pertains. Patentability shall not be negated by the manner in which the
`invention was made.
`
`7.
`
`The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966),
`
`that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are
`
`summarized as follows:
`
`-FoONM>
`
`Determining the scope and contents of the prior art.
`Ascertaining the differences between the prior art and the claims at issue.
`Resolving the level of ordinary skill in the pertinentart.
`Considering objective evidence presentin the application indicating obviousnessor
`nonobviousness.
`
`This application currently namesjoint inventors. In considering patentability of the claims the
`
`examiner presumesthat the subject matter of the various claims was commonly owned as of the effective
`
`

`

`Application/Control Number: 16/101,788
`Art Unit: 1726
`
`Page 4
`
`filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the
`
`obligation under 37 CFR 1.56 to point out the inventor andeffective filing dates of each claim that was not
`
`commonly ownedasofthe effective filing date of the later invention in order for the examiner to consider
`
`the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later
`
`invention.
`
`8.
`
`Claims 1-3 and 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`KOBAYASHI (JP 2014216334 A, see English Machine Translation).
`
`Regarding claim 1, KOBAYASHI teachesa solarcell (see the photovoltaic device 10 in Fig. 1)
`
`comprising:
`
`e
`
`e
`
`acrystalline silicon wafer (see the n-type crystal semiconductor substrate 11);
`
`a first passivation layer (see the first intrinsic amorphous semiconductor thin film 12; P5, The
`
`thicknessofthe intrinsic amorphous semiconductor thin film 12 is not particularly limited, but can
`
`be, for example, 1 nm or more and 10 nm or less, and preferably 4 nm or less. When the film
`
`thicknessis less than 1 nm, recombination of carriers is likely to occur due to defects easily
`
`occurring; Based on the disclosure, the first intrinsic amorphous semiconductor thin film 12 has a
`
`capability of passivation) which is formed ona light receiving surface of the crystalline silicon
`
`wafer (see the top surface of the n-type crystal semiconductor substrate 11) (see Fig. 1) and
`
`which mainly contains silicon oxide, silicon carbide, or silicon nitride (P5, Examplesof the
`
`semiconductor constituting the first intrinsic amorphous semiconductor thin film 12 include SiC,
`
`SiN; It would have been obviousto one ofthe ordinaryskill in the art before the effectivefiling
`
`date of the claimed invention to employ the SiC, SiN material for the first intrinsic amorphous
`
`semiconductor thin film in the device of KOBAYASHI, because the selection of a known material
`
`basedon its suitability for its intended use supports a prima facie obviousness determination
`
`(MPEP 2144).);
`
`e
`
`ann-type crystalline silicon layer (see the n-type microcrystalline silicon thin film 13; P6, The n-
`
`type amorphous semiconductor constituting the n-type amorphous semiconductor thin film 13 is
`
`not particularly limited as long as the photovoltaic element 10 can exhibit a predetermined
`
`external quantum efficiency. n-type microcrystalline semiconductor is preferred. Examples of the
`
`

`

`Application/Control Number: 16/101,788
`Art Unit: 1726
`
`Page 5
`
`semiconductor constituting the n-type microcrystalline semiconductor include silicon; It would
`
`have been obvious to one of the ordinary skill in the art before the effective filing date of the
`
`claimed invention to employ the n-type microcrystalline silicon semiconductor for the thin film 13
`
`in the device of KOBAYASHI, because the selection of a known material based on its suitability
`
`for its intended use supports a prima facie obviousness determination (MPEP 2144)) which is
`
`formed on the first passivation layer (see the discussion aboveandFig. 1);
`
`e
`
`asecond passivation layer (see the secondintrinsic amorphous semiconductor thin film 15; P7,
`
`The thickness of the p-type amorphous semiconductor thin film 16 is not particularly limited, but is
`
`preferably, for example, 1 nm to 20 nm, more preferably 3 nm to 10 nm, andstill more preferably
`
`5 nm. By setting the film thickness within such a range, occurrence of carrier recombination and
`
`series resistance can be reduced in a balanced manner; Based on the disclosure, the second
`
`intrinsic amorphous semiconductor thin film 15 has a capability of passivation) which is formed on
`
`a rear surface of the crystalline silicon wafer (see the bottom surface of the n-type crystal
`
`semiconductor substrate 11) (see Fig. 1); and
`
`e
`
`ap-type amorphoussilicon layer (see the p-type amorphoussilicon thin film 16; P7, The p-type
`
`amorphous semiconductor thin film 16 include SiC, SiGe, SiN, etc. in addition to p-type
`
`amorphoussilicon, but silicon is preferable from the viewpoint of productivity; It would have been
`
`obvious to one of the ordinary skill in the art before the effective filing date of the claimed
`
`invention to employ the p-type amorphoussilicon semiconductor for the thin film 16 in the device
`
`of KOBAYASHI, becausethe selection of a known material based on its suitability for its intended
`
`use supports a prima facie obviousness determination (MPEP 2144)) which is formed on the
`
`second passivation layer (see the discussion above and Fig. 1).
`
`Regarding claim 2, Applicant is directed abovefor a full discussion as applied to claim 1.
`
`KOBAYASHI teaches the second passivation layer contains substantially intrinsic amorphous
`
`silicon or amorphoussilicon that has a dopant concentration lower than that in the p-type amorphous
`
`silicon layer (see the second intrinsic amorphous semiconductor (Si) thin film 15; P6-P7, The
`
`semiconductor constituting the second intrinsic amorphous semiconductor thin film 15 and the film
`
`

`

`Application/Control Number: 16/101,788
`Art Unit: 1726
`
`Page 6
`
`forming method can be the same as thoseofthe first intrinsic amorphous semiconductor thin film 12; P5,
`
`Examples of the semiconductor constituting the first intrinsic amorphous semiconductor thin film 12
`
`include silicon (Si); It would have been obviousto one ofthe ordinary skill in the art before the effective
`
`filing date of the claimed invention to employ the Si material for the secondintrinsic amorphous
`
`semiconductor thin film in the device of KOBAYASHI, because the selection of a known material based
`
`on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144)), and
`
`is thicker than the first passivation layer (P8, a first intrinsic amorphoussilicon thin film (film thickness 2
`
`nm), a secondintrinsic amorphoussilicon thin film (film thickness 6 nm); It would have been obvious to
`
`one of the ordinary skill in the art before the effective filing date of the claimed invention to employ the 2
`
`nm thickfirst intrinsic amorphous semiconductor thin film 12 and the 6 nm thick secondintrinsic
`
`amorphous semiconductor thin film 15 in the device of KOBAYASHI, becausethe selection of a known
`
`material based on its suitability for its intended use supports a prima facie obviousness determination
`
`(MPEP 2144)).
`
`Regarding claim 3, Applicant is directed abovefor a full discussion as applied to claim 1.
`
`Regarding the recitation “wherein a crystallization rate of the p-type amorphoussilicon layer is
`
`lower than a crystallization rate of the n-type crystalline silicon layer, and the crystallization rate of the n-
`
`type crystalline silicon layer is lower than a crystallization rate of the crystalline silicon wafer’, the
`
`recitation is directed to the method of making a productandit is noted that said limitations are not given
`
`patentable weight in product claims. Even though a product-by-processis defined by the process steps
`
`by which the productis made, determination of patentability is based on the productitself and does not
`
`depend on its method of production. See MPEP 2113 Product-by-Process Claims [R-9]. See also /n re
`
`Thorpe, 777 F.2d 695, 227 USPQ 964 (Fed. Cir. 1985). Examiner notes that only the structure(s)
`
`necessarily present from the methodis(are) given patentable weight.
`
`In the instant case, only the
`
`limitation(s) “film layer” is given patentable weight.
`
`Regarding claim 10, Applicant is directed abovefor a full discussion as applied to claim 1.
`
`

`

`Application/Control Number: 16/101,788
`Art Unit: 1726
`
`Page 7
`
`Regarding the recitation “wherein an n-type dopant concentration in the first passivation layer is
`
`higher than a p-type dopant concentration in the second passivation layer”, the first intrinsic amorphous
`
`semiconductor thin film 12 does not contain any dopantitself but there would be a certain amountof n-
`
`type dopant near the n-type crystal semiconductor substrate 11 because of the dopantdiffusion, however
`
`the second intrinsic amorphous semiconductor thin film 15 does not contain any p-type dopant, which
`
`meets the recitation.
`
`Regarding claim 11, Applicant is directed abovefor a full discussion as applied to claim 1.
`
`KOBAYASHI teachesa first transparent conductive layer (see the first transparent conductive film
`
`14) which is formed on the n-type crystalline silicon layer (see Fig. 1) and which contains a metal oxide
`
`(P6, Examples of the transparent electrode material constituting the first transparent conductive film 14
`
`include indium tin oxide (ITO), tungsten-doped indium oxide (IWOQ)); a first collector electrode (see the
`
`collector electrodes 18) whichincludesa plurality of thin linear finger sections formed on the first
`
`transparent conductive layer (see Fig. 1, P7 The collector electrodes 18 and 19 include a plurality of bus
`
`bar electrodes formed in parallel to each other, and a plurality of finger electrodes formed orthogonalto
`
`these bus bar electrodes and in parallel with each other); a second transparent conductive layer (see the
`
`second transparent conductive film 17) which is formed on the p-type amorphoussilicon layer (see Fig. 1)
`
`and which contains a metal oxide (P7, The material and the film forming method for forming the second
`
`transparent conductive film 17 are the same asthosefor the first transparent conductive film 14 and see
`
`the discussion above); and a second collector electrode (see the collector electrodes 19) which is formed
`
`on the second transparent conductive layer (see Fig. 1, P7 The collector electrodes 18 and 19 include a
`
`plurality of bus bar electrodes formed in parallel to each other, and a plurality of finger electrodes formed
`
`orthogonal to these bus barelectrodes and in parallel with each other).
`
`Regarding claim 12, Applicant is directed abovefor a full discussion as applied to claim 11.
`
`Regarding the claimed “wherein a refractive index of the n-type crystalline silicon layer is equal to
`
`or greater than 2.5 timesa refractive index of the first transparent conductive layer”, since KOBAYASHI
`
`meets all the composition requirements of the claimed product(see the rejections of claims 1 and 10;
`
`

`

`Application/Control Number: 16/101,788
`Art Unit: 1726
`
`Page 8
`
`KOBAYASHI discloses the n-type microcrystalline silicon thin film 13 grown by CVD andthe first
`
`transparent conductive film 14 including indium tin oxide (ITO), tungsten-doped indium oxide (IWO),
`
`Applicant’s claimed product requires the n-type crystalline silicon layer grown by CVD andthe transparent
`
`conductive layers formed from a transparent conductive oxide (IWO, ITO, etc.)), KOBAYASHI’s
`
`composition is considered to inherently provide the samepredictable property regarding “wherein a
`
`refractive index of the n-type crystalline silicon layer is equal to or greater than 2.5 times a refractive index
`
`of the first transparent conductive layer”, and the property regarding “wherein a refractive index of the n-
`
`type crystalline silicon layer is equal to or greater than 2.5 times a refractive index of the first transparent
`
`conductive layer” would obviously have been presentin modified KOBAYASHI’s composition. “Where the
`
`claimed and prior art products are identical or substantially identical in structure or composition, or are
`
`produced byidentical or substantially identical processes, a prima facie case of either anticipation or
`
`obviousness has been established.” In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977).
`
`See MPEP 2112.
`
`9.
`
`Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over KOBAYASHI (JP
`
`2014216334 A, see English Machine Translation) as applied to claim 1, further in view of YANG (US
`
`20150357507 A1) and ZOUARI (Effect of the front surface field on crystalline silicon solar cell
`
`efficiency).
`
`Regarding claim 4, Applicant is directed abovefor a full discussion as applied to claim 1.
`
`Regarding the claimed “Wherein the crystalline silicon wafer is an n-type crystalline silicon wafer,
`
`and has, at an interface in contact with the first passivation layer and a surrounding area thereof, an n+
`
`layer that is doped into an n type and that has a dopant concentration higher than that in the remaining
`
`region”, KOBAYASHI teachesthe crystalline silicon wafer is an n-type crystalline silicon wafer (see the n-
`
`type crystal semiconductor substrate 11), and at an interface in contactwith the first passivation layer and
`
`a surrounding area thereof (see the rejection of claim 1 and Fig. 1), but does not explicitly disclose the
`
`claimed “an n+ layer that is doped into an n type and that has a dopant concentration higher than thatin
`
`the remaining region”. However, YANG disclosesa silicon solar cell, wherein the semiconductor
`
`substrate 10 may include a front surface field region 130 at a front surface thereof and the front surface
`
`

`

`Application/Control Number: 16/101,788
`Art Unit: 1726
`
`Page 9
`
`field region 130 may have the same conductive type as that of the base region 110 and a higher doping
`
`concentration than the base region 110 [0025], wherein the front surface field region 130 may be formed
`
`as a portion of a single-crystalline semiconductor substrate [0026]. Additionally, ZOUARI discloses a
`
`crystalline silicon solar cell, wherein the most important role played bythe front surfacefield layer is to
`
`enhance the collection of light-generated free carriers, which improves the efficiency of the short
`
`wavelength quantum (see Abstract).
`
`It would have been obvious to one ofthe ordinary skill in the art
`
`before the effectivefiling date of the claimed invention to employ the front surface field layer, as a portion
`
`of the n-type crystal semiconductor substrate, having a higher n-type doping concentration than the n-
`
`type crystal semiconductor substrate in the device of KOBAYASHI as taught by YANG and ZOUARI,
`
`because the front surface field layer enhances the collection of light-generated free carriers, which
`
`improvesthe efficiency of the short wavelength quantum. Therefore, modified KOBAYASHI teaches the
`
`crystalline silicon wafer is an n-type crystalline silicon wafer, and has, at an interface in contact with the
`
`first passivation layer and a surrounding area thereof, an n+ layer that is doped into an n type and that has
`
`a dopantconcentration higher than that in the remaining region (see the discussion above, Fig. 1 of
`
`KOBAYASHI, the combination).
`
`Regarding claim 5, Applicant is directed abovefor a full discussion as applied to claim 1.
`
`Modified KOBAYASHI teachesin the crystalline silicon wafer, an impurity concentration in the
`
`interface in contact with the fist passivation layer and the surrounding area thereof is higher than an
`
`impurity concentration in an interface in contact with the second passivation layer and a surrounding area
`
`thereof (see the rejection of claim 4 and Fig. 1 of KOBAYASHI; Becauseof the front surface field layer, as
`
`a portion of the n-type crystal semiconductor substrate, having a higher n-type doping concentration than
`
`the n-type crystal semiconductor substrate, the impurity concentration in the interface in contact with the
`
`first intrinsic amorphous semiconductor thin film 12 and the surrounding area thereof is higher than the
`
`impurity concentration in an interface in contact with the secondintrinsic amorphous semiconductor thin
`
`film 15 and a surrounding area thereof).
`
`

`

`Application/Control Number: 16/101,788
`Art Unit: 1726
`
`Page 10
`
`10.
`
`Claims 6-9 are rejected under 35 U.S.C. 103 as being unpatentable over KOBAYASHI (JP
`
`2014216334 A, see English Machine Translation) as applied to claim 1, further in view of SCHULTZ
`
`(US 20120055547 A1) with evidence provided by CHANG (Growth of Hydrogenated
`
`Microcrystalline Silicon Thin Films Using Electron Cyclotron Resonance Chemical Deposition
`
`Method).
`
`Regarding claim 6, Applicant is directed above for a full discussion as applied to claim 1.
`
`Regarding the claimed “wherein the first passivation layer mainly contains silicon oxide, and has
`
`an oxygen concentration higher than that in the second passivation layer’, KOBAYASHI disclosesthe first
`
`intrinsic amorphous semiconductor thin film 12 and the second intrinsic amorphous semiconductor thin
`
`film 15 include silicon (Si), SiC, SiGe, SIN (see the rejection of claim 1, and P5-P7), but does not explicitly
`
`disclose the claimed feature. However, SCHULTZ disclosesa silicon solar cell, wherein the first
`
`electrically passivating interface layer 64 in Fig. 6 includes silicon oxide, silicon nitride, intrinsic
`
`amorphoussilicon, intrinsic polycrystalline silicon, aluminum oxide, aluminum nitride, phosphorusnitride,
`
`titanium nitride [0057] and the second electrically passivating interface layer 66 in Fig. 6 includessilicon
`
`oxide, silicon nitride, intrinsic amorphoussilicon, intrinsic polycrystalline silicon, aluminum oxide,
`
`aluminum nitride, phosphorusnitride, titanium nitride [0059].
`
`It would have been obviousto one of the
`
`ordinary skill in the art before the effective filing date of the claimed invention to employthe silicon oxide
`
`material for the first intrinsic amorphous semiconductor thin film and the intrinsic amorphoussilicon for the
`
`secondintrinsic amorphous semiconductor thin film in the device of KOBAYASHI as taught by SCHULTZ,
`
`because the selection of a Known material based on its suitability for its intended use supports a prima
`
`facie obviousness determination (MPEP 2144). Therefore, modified KOBAYASHI teachesthe first
`
`passivation layer mainly contains silicon oxide (see the discussion above), and has an oxygen
`
`concentration higher than that in the second passivation layer (The oxygen concentration in the silicon
`
`oxide is higher than thatin the silicon nitride).
`
`Regarding claim 7, Applicant is directed abovefor a full discussion as applied to claim 6.
`
`Regarding the claimed “wherein the oxygen concentration in the first passivation layer is 1.0 x
`
`10’ atoms/cmor higher’, since modified KOBAYASHI meetsall the composition requirements of the
`
`

`

`Application/Control Number: 16/101,788
`Art Unit: 1726
`
`Page 11
`
`claimed product (The claimed composition requires silicon oxide and modified KOBAYASHI teaches
`
`silicon oxide}, the property regarding “wherein the oxygen concentration in the first passivation layer is 1.0
`
`x 1071 atoms/cmé or higher” would obviously have been present in modified KOBAYASHI’s composition.
`
`“Where the claimed and prior art products are identical or substantially identical in structure or
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`composition, or are produced byidentical or substantially identical processes, a prima facie case of either
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`anticipation or obviousness has been established.” In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433
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`(CCPA 1977). See MPEP 2112.
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`Regarding claim 8, Applicant is directed abovefor a full discussion as applied to claim 7.
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`Modified KOBAYASHI teachesthe n-type crystalline silicon layer has a hydrogen concentration
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`lower than that in the p-type amorphoussilicon layer (KOBAYASHI discloses the n-type microcrystalline
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`silicon thin film 13 and the p-type amorphoussilicon thin film 16 grown by CVD method using H2, SiH4
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`gases and Evidence provided by CHANG discloses hydrogenated microcrystalline silicon (uc-Si:H) thin
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`films grown by CVD method using H2, SiIH4 gases, wherein Fig. 2 showsthat the Si layer with the higher
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`crystallinity shows the lower hydrogen content; Based on the disclosure, the n-type microcrystalline silicon
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`thin film 13 has a hydrogen concentration lower than that in the p-type amorphoussilicon thin film 16).
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`Regarding claim 9, Applicant is directed abovefor a full discussion as applied to claim 8.
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`Modified KOBAYASHI teachesthe n-type crystalline silicon layer has a hydrogen concentration
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`lower than that in the second passivation layer (KOBAYASHI discloses the n-type microcrystalline silicon
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`thin film 13 and the intrinsic amorphoussilicon grown by CVD method using H2, SiH4 gases and
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`Evidence provided by CHANG discloses hydrogenated microcrystalline silicon (uc-Si:H) thin films grown
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`by CVD method using H2, SiH4 gases, wherein Fig. 2 showsthat the Si layer with the higher crystallinity
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`showsthe lower hydrogen content; Based on the disclosure, the n-type microcrystalline silicon thin film 13
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`has a hydrogen concentration lower than that in the intrinsic amorphoussilicon).
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`

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`Application/Control Number: 16/101,788
`Art Unit: 1726
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`Page 12
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`11.
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`Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over KOBAYASHI (JP
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`2014216334 A, see English Machine Translation) as applied to claim 1, further in view of
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`NAKASHIMA (US 20100006147 A1).
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`Regarding claim 13, Applicant is directed abovefor a full discussion as applied to claim 1.
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`Regarding the claimed “a protective layer which is formed on the n-type crystalline silicon layer
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`and which mainly contains an insulation material; a second transparent conductive layer which is formed
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`on the p-type amorphoussilicon layer and which contains a metal oxide; and a collector electrode which
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`is formed on the second transparent conductive layer’, KOBAYASHI teaches a secondtransparent
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`conductive layer (see the second transparent conductive film 17) which is formed on the p-type
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`amorphoussilicon layer (see Fig. 1) and which contains a metal oxide (P7, The material and the film
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`forming method for forming the second transparent conductive film 17 are the same as thosefor the first
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`transparent conductive film 14; P6, Examples of the transparent electrode material constituting the first
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`transparent conductivefilm 14 include indium tin oxide (ITO), tungsten-doped indium oxide (IWO)); anda
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`collector electrode (see the collector electrodes 19) which is formed on the secondtransparent
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`conductive layer (see Fig. 1, P7 The collector electrodes 18 and 19 include a plurality of bus bar
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`electrodes formed in parallel to each other, and a plurality of finger electrodes formed orthogonal to these
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`bus bar electrodes and in parallel with each other), but does not explicitly disclose the claimed “a
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`protective layer which is formed on the n-type crystalline silicon layer and which mainly contains an
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`insulation material’. However, NAKASHIMAdisclosesa silicon solar cell, wherein a light-receiving-
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`surface-side protection layer 10 is provided on the light-receiving surface 4A of the photoelectric
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`conversion body 101 so as to cover the light-receiving surface 4A together with the surfacesof the light-
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`receiving-surface-side electrodes 5 [0031], wherein the protection layer thus formed can suppress
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`damage in a surface portion of a photovoltaic element, and suppressdeterioration of the photovoltaic
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`element due to moisture, ultraviolet radiation, and the like [0003], wherein as the material of the light-
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`receiving-surface-side protection layer 10, particles made of a translucent material such as SiO2 and
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`Al203 can be used [0036].
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`It would have been obviousto one of the ordinary skill in the art before the
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`effectivefiling date of the claimed invention to employthe light-receiving-surface-side protection layer
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`made of SiO2 or Al2O3in the device of KOBAYASHI as taught by NAKASHIMA,becausethe protection
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`

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`Application/Control Number: 16/101,788
`Art Unit: 1726
`
`Page 13
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`layer can suppress damagein a surface portion of a photovoltaic element, and suppressdeterioration of
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`the photovoltaic element due to moisture, ultraviolet radiation, and the like. Therefore, modified
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`KOBAYASHI teachesa protective layer (see the light-receiving-surface-side protection layer made of
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`SiO2 or Al2O3) which is formed on the n-type crystalline silicon layer (see the Fig. 1 of KOBAYASHI and
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`the discussion above) and which mainly contains an insulation material (see SiO2 or Al2O3).
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`Contact Information
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`Any inquiry concerning this communication or earlier communications from the examiner should
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`be directed to TAE-SIK KANG whosetelephone number is 571-272-3190. The examiner can normally be
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`reached on 9:00am — 5:00pm.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
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`Jeffrey T. 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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`Information regarding the status of an application may be obtained from the Patent Application
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`Info