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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
`
`16/279,359
`
`02/19/2019
`
`Tsuyoshi Takahama
`
`P190164US00
`
`7234
`
`WESTERMAN, HATTORI, DANIELS & ADRIAN, LLP
`8500 LEESBURG PIKE
`SUITE 7500
`TYSONS, VA 22182
`
`MOWLA, GOLAM
`
`ART UNIT
`1721
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`02/27/2020
`
`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)
`
`

`

`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 02/06/2020.
`LC} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)l¥) This action is FINAL.
`2b) (J 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*
`1-4 and 6-8 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) 6-8 is/are withdrawn from consideration.
`[] Claim(s)__ is/are allowed.
`Claim(s) 1-4 is/are rejected.
`1 Claim(s)__is/are objectedto.
`C] Claim(s)
`are subjectto 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) filedon__is/are: a)C) accepted or b)C) 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)L None ofthe:
`b)LJ Some**
`a)L) All
`1.) Certified copies of the priority documents have been received.
`2.1) Certified copies of the priority documents have beenreceived in Application No.
`3.2.) 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)
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`4)
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`
`Paper No(s)/Mail Date11/08/2019and02/03/2020.
`U.S. Patent and Trademark Office
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20200224
`
`

`

`Application/Control Number: 16/279,359
`Art Unit:1721
`
`Page2
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`DETAILED ACTION
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`Notice of Pre-AIA or AIA Status
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`1.
`
`The present application, filed on or after March 16, 2013, is being examined underthe
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`first inventor to file provisions of the AJA.
`
`2.
`
`Applicant’s amendment of 02/06/2020 does not place the Application in condition for
`
`Response to Amendment
`
`allowance.
`
`3.
`
`Claims 1-4 and 6-9 are currently pending. In response to Office Action mailed on
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`11/16/2019, Applicant has amended claims 1 and 4, and cancelled claim 5. Claims 6-8 are
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`withdrawn from consideration as being part of non-elected invention.
`
`Status of the Objections or Rejections
`
`4,
`
`Due to Applicant’s amendmentof claims 1 and4, all rejections from the Office Action
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`mailed on 11/16/2019 are withdrawn. However, upon further consideration, a new ground of
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`rejection is presented below.
`
`Claim Rejections - 35 USC § 103
`
`5.
`
`Thetext of those sections of Title 35, U.S. Code not included in this action can be found
`
`in a prior Office action.
`
`

`

`Application/Control Number: 16/279,359
`Art Unit:1721
`
`Page3
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`6.
`
`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
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`silicon layer (a subsequentstep, shownin figure 3-13 and [0062-0063], for annealing in a
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`hydrogen-containing gas atmospherethat introduces hydrogen). Sato further discloses that the
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`second step comprises: a step of forming an insulation layer (insulator film 10) (figure 3-9)
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`({[0029-0030], [0033], and [0055-0058]), containing silicon oxide ({0013]), on the amorphous
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`silicon layer (8); and a step of performing an annealing treatment (heating) after formation of the
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`insulation layer (10) (heat treatment is performed in subsequentstep as disclosed in [0059-
`
`0066]).
`
`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
`
`Page4
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`substrate as taught by Stolk such that the crystalline silicon substrate can be kept damagefree, as
`
`shownbyStolk ([0004]). Note that this would amountto applying a knowntechnique (laser
`
`irradiation) to a known methodto yield predictable results of changing crystalline surface layer
`
`to amorphous surface layer (KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d
`
`1385, 1395-97 (2007)).
`
`Regarding claim 2, Sato further discloses that a third step of forming an electrode layer
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`(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
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`comprises: a step of forming a dopant diffusion layer containing a p-type dopant (boron) on the
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`surface of the crystalline silicon substrate (dopant ions are implanted and further activated by
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`laser anneal as disclosed in [0040-0041] of Stolk), and a step of irradiating a laser on the dopant
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`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
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`solar cell (back junction type heterojunction solar cell) ([0020]) (see also figure 1-2 or 3-16 that
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`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)
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`({0047]) and is provided on a rear surface (flat surface of substrate 3 which is opposite the
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`texture 4 side) opposite to the light receiving rear surface side (texture 4 side of substrate 3), and
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`wherein the first step comprises: a step of forming a texture structure on the light receiving
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`surface side of the crystalline silicon substrate (3) (see figures 3-4 and 3-5) ([0047]; and a step of
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`forming p-type amorphous silicon layer (8) (figure 3-8 and [0053]) and n-type amorphous silicon
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`

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`Application/Control Number: 16/279,359
`Art Unit:1721
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`Page5
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`layer (figure 3-13; [0062] and [0117]) on the rear surface of the crystalline silicon substrate (3)
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`(see also figures 3-9 to 3-16).
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`Response to Arguments
`
`7.
`
`Applicant's arguments with respect to claims 1-4 have been considered but are moot in
`
`view of the new ground(s) of rejection as necessitated by the amendments.
`
`Applicant argues that it would not be obvious to use the laser irradiation technique of
`
`Stolk in the method Sato as Sato is directed to use of plasma CVD treatment
`
`The Examinerrespectfully disagrees. Applying a known technique(laserirradiation) to a
`
`known methodto yield predictable results of changing crystalline surface layer to amorphous
`
`surface layer is obvious (KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385,
`
`1395-97 (2007)).
`
`In the instant case, 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 amorphous silicon layer ({0001], [0005] and [0035-0036)).
`
`Stolk further discloses that the laser irradiation technique allows the substrate to be kept damage
`
`free ({0004]).
`
`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 substrate as taught by Stolk such that the crystalline silicon substrate can be kept damage
`
`free, as shown by Stolk ({0004]).
`
`

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`Application/Control Number: 16/279,359
`Art Unit:1721
`
`Page6
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`Conclusion
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`8.
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`Applicant's amendment necessitated the new ground(s) of rejection presented in this
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`Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP§ 706.07(a).
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`Applicant is reminded of the 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
`
`MONTHSfrom the mailing date of this action. In the eventa first reply is filed within TWO
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`MONTHSofthe mailing date of this final action and the advisory action is not mailed until after
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`the end of the THREE-MONTHshortened statutory period, then the shortened statutory period
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`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,
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`however,will the statutory period for reply expire later than SIX MONTHSfrom the date ofthis
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`final action.
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`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
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`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
`
`

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`Application/Control Number: 16/279,359
`Art Unit:1721
`
`Page7
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`applications is available through Private PAIR only. For more information about the PAIR
`
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`information system, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/GOLAM MOWLA/
`Primary Examiner, Art Unit 1721
`
`