`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/279,359
`
`WES
`
`02/19/2019
`
`Tsuyoshi Takahama
`
`P190164US00
`
`7234
`
`ANIEL!
`
`WESTERMAN, HATTORI, DANIELS & ADRIAN, LLP
`8500 Leesburg Pike
`SUITE 7500
`Tysons, VA 22182
`
`MOWLA, GOLAM
`
`1721
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`11/06/2019
`
`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)
`
`
`
`Application No.
`Applicant(s)
`16/279 359
`Takahamaetal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`GOLAM MOWLA
`1721
`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 10/09/2019.
`C) A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a)() This action is FINAL. 2b)lv]This action is non-final.
`3)() An election was made bythe applicant in responseto a restriction requirement set forth during the interview on
`___; the restriction requirement and election have been incorporated into this action.
`4) Since this application is in condition for allowance except for formal matters, prosecution as to the meritsis
`closed in accordance with the practice under Exparfe Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`
`
`Disposition of Claims*
`1-8 is/are pending in the application.
`5)
`Claim(s)
`5a) Of the above claim(s) 6-8 is/are withdrawn from consideration.
`LJ Claim(s)__is/are allowed.
`Claim(s) 1-5 is/are rejected.
`() Claim(s)__is/are objected to.
`(] Claim(s)__ are subject to restriction and/or election requirement
`* 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)() The specification is objected to by the Examiner.
`11) The drawing(s)filed on 02/19/2019 is/are:
`a)[¥} accepted or b)(_J 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)[(¥) Acknowledgmentis made ofa claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`c)C) None of the:
`b)() Some**
`a)¥) All
`1.) 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 92/19/2019 and 07/02/2019.
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(7) Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20191101
`
`
`
`Application/Control Number: 16/279,359
`Art Unit: 1721
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AIA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined underthe
`
`first inventor to file provisions of the AJA.
`
`Election/Restrictions
`
`2.
`
`Applicant’s election without traverse of Group I, claims 1-5, in the reply filed on
`
`10/09/2019 is acknowledged.
`
`3.
`
`Claims 6-8 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as
`
`being drawn to a nonelected invention, there being no allowable generic or linking claim.
`
`Election was made without traverse in the reply filed on 10/09/2019.
`
`Claim Rejections - 35 USC § 112
`
`4,
`
`The following is a quotation of 35 U.S.C. 112(b):
`(b) CONCLUSION.—Thespecification shall conclude with one or more claims particularly pointing
`out anddistinctly 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-AIA), second paragraph:
`The specification shall conclude with one or more claimsparticularly pointing out and distinctly
`claiming the subject matter which the applicant regardsas his invention.
`
`5.
`
`Claim 4 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second
`
`paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject
`
`matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the
`
`invention.
`
`
`
`Application/Control Number: 16/279,359
`Art Unit: 1721
`
`Page 3
`
`Claim 4 recites “forming the crystalline amorphous silicon layers” in line 8. There is
`
`insufficient antecedentbasis for this limitation in the claim.
`
`Claim 4 recites “forming the crystalline amorphous silicon layers” in line 8, which
`
`renders the claim indefinite. One skilled in the semiconductor art knows that silicon can be
`
`amorphous, crystalline or semi-crystalline. However, “crystalline amorphoussilicon” is a term
`
`of art, and therefore it is not clear what this term means.
`
`Claim Rejections - 35 USC § 103
`
`6.
`
`The following is a quotation of 35 U.S.C. 103 which formsthe basis for all obviousness
`
`rejectionsset forth in this Office action:
`
`A patent for a claimed invention maynot be obtained, notwithstanding that the claimed inventionis not
`identically disclosed as set forth in section 102, if the differences between the claimed invention and the
`prior art are such that the claimed invention as a whole would have been obviousbefore the effective
`filing date of the claimed invention to a person having ordinaryskill in the art to which the claimed
`invention pertains. Patentability shall not be negated by the mannerin 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:
`
`1. Determining the scope and contents of the priorart.
`
`2. Ascertaining the differences betweenthe prior art and the claimsat issue.
`
`3. Resolving the level of ordinary skill in the pertinent art.
`
`4. Considering objective evidence present in the application indicating obviousness or
`
`nonobviousness.
`
`8.
`
`This application currently namesjoint inventors. In considering patentability of the
`
`claims the examiner presumesthat the subject matter of the various claims was commonly
`
`owned asofthe effective filing date of the claimed invention(s) absent any evidenceto the
`
`
`
`Application/Control Number: 16/279,359
`Art Unit: 1721
`
`Page 4
`
`contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and
`
`effective filing dates of each claim that was not commonly ownedasofthe effective filing date
`
`of the later invention in order for the examinerto 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.
`
`9.
`
`Claims 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Sato et al. (JP
`
`2014-220291 A) (refer to online machinetranslation as provided) in view of Stolk (US
`
`2005/0003638 A1).
`
`Regarding claim 1, Sato discloses a method for manufacturing a solar cell (figures 1, 3
`
`and 6) ([0023-0079]), comprising: a first step of forming an amorphous silicon layer (i-type
`
`amorphous silicon film 7, amorphous p-typesilicon film 8, i-type amorphous silicon film 11 or
`
`n-type amorphous silicon film 12) on a crystalline silicon substrate (3) ({0052-0053], [0062] and
`
`[0117]) (see figures 3-8 to 3-13); and a second step of introducing hydrogen into the amorphous
`
`silicon layer (a subsequentstep, shownin figure 3-13 and [0062-0063], for annealing in a
`
`hydrogen-containing gas atmospherethat introduces hydrogen).
`
`AlthoughSato discloses that the amorphous silicon layer is formed on the crystalline
`
`silicon substrate (3), Sato does not explicitly disclose that the amorphous silicon layer is formed
`
`by irradiating a laser to make a surface of the crystalline silicon substrate amorphous.
`
`Stolk is directed to a method of making a semiconductor device (1) (figures la-1c)
`
`({0034-0041]) wherein a crystalline surface layer (5) of a crystalline silicon substrate (2)is
`
`irradiated by laser to amorphoussilicon layer ({0001], [0005] and [0035-0036)).
`
`Therefore, it would have been obvious to one skilled in the art at the time of the invention
`
`to have formed the amorphous layer(s) of Sato by irradiating a laser on the crystalline silicon
`
`
`
`Application/Control Number: 16/279,359
`Art Unit: 1721
`
`Page 5
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`substrate as taught by Stolk such that the crystalline silicon substrate can be kept damagefree, as
`
`shownby Stolk ({0004]).
`
`Regarding claim 2, Sato further discloses that a third step of forming an electrode layer
`
`(p-type region collector electrode 14) on the amorphous silicon layer (8) (figure 3-16 and
`
`[0069]).
`
`Regarding claim 3, Sato as modified by Stolk further disclosesthat thefirst step
`
`comprises: a step of forming a dopant diffusion layer containing a p-type dopant (boron) on the
`
`surface of the crystalline silicon substrate (dopant ions are implanted and further activated by
`
`laser anneal as disclosed in [0040-0041] of Stolk), and a step of irradiating a laser on the dopant
`
`diffusion layer and the crystalline silicon substrate (see [0040-0041] of Stolk).
`
`Regarding claim 4, Sato further discloses that the solar cell is a rear surface junction-type
`
`solar cell (back junction type heterojunction solar cell) ([0020]) (see also figure 1-2 or 3-16 that
`
`shows the solar cell is a rear/back junction-type solar cell) in which the electrode layer (14)is not
`
`provided on a light receiving surface side (texture 4 side of substrate 3 as shownin figure 3-16)
`
`({0047]) and is provided on a rear surface (flat surface of substrate 3 which is opposite the
`
`texture 4 side) opposite to the light receiving rear surface side (texture 4 side of substrate 3), and
`
`wherein the first step comprises: a step of forming a texture structure on the light receiving
`
`surface side of the crystalline silicon substrate (3) (see figures 3-4 and 3-5) ([0047]; and a step of
`
`forming p-type amorphous silicon layer (8) (figure 3-8 and [0053]) and n-type amorphous silicon
`
`layer (figure 3-13; [0062] and [0117]) on the rear surface of the crystalline silicon substrate (3)
`
`(see also figures 3-9 to 3-16).
`
`Regarding claim 5, Sato further discloses that the second step comprises: a step of
`
`forming an insulation layer (insulator film 10) (figure 3-9) ([0029-0030], [0033], and [0055-
`
`
`
`Application/Control Number: 16/279,359
`Art Unit: 1721
`
`Page 6
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`0058]), containing silicon oxide ({0013]), on the amorphous silicon layer (8); and a step of
`
`performing an annealing treatment (heating) after formation of the insulation layer (10) (heat
`
`treatment is performed in subsequent step as disclosed in [0059-0066]).
`
`Correspondence/Contact Information
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to GOLAM MOWLAwhosetelephone numberis (571)270-5268.
`
`The examiner can normally be reached on M-Th, 7am - 4pm.
`
`If attempts to reach the examinerby telephone are unsuccessful, the examiner’s
`
`supervisor, Allison Bourke can be reached on 303-297-4684. The fax phone numberfor the
`
`organization wherethis application or proceedingis assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
`
`maybe obtained from either Private PAIR or Public PAIR. Status information for unpublished
`
`applications is available through Private PAIR only. For more information about the PAIR
`
`system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR
`
`system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would
`
`like assistance from a USPTO Customer Service Representative or access to the automated
`
`information system, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/GOLAM MOWLA/
`Primary Examiner, Art Unit 1721
`
`
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