`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
`
`
`
`
`
`14/504,771
`
`10/02/2014
`
`Peter John COUSINS
`
`10031.004211
`
`3342
`
`Okamoto & Benedicto LLP
`PO. Box 641330
`San Jose, CA 95164-1330
`
`
`
`
`P LAY, DEVINA
`
`ART UNIT
`
`1757
`
`MAIL DATE
`
`10/26/20 1 6
`
`PAPER NUIVIBER
`
`DELIVERY MODE
`
`PAPER
`
`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.
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`Application No.
`Applicant(s)
`
` 14/504,771 couers, PETER JOHN
`Examiner
`Art Unit
`AIA (First Inventorto File)
`Office Action Summary
`
`1757DEVINA PILLAY first“
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`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).
`after SIX (6) MONTHS from 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) 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).
`
`In no event, however, may a reply be timely filed
`
`-
`-
`
`Status
`
`1)IXI Responsive to communication(s) filed on 09/09/2016.
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)|:| This action is non-final.
`2a)IZ| This action is FINAL.
`3)I:I 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.
`
`4)|:I 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 EX parte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`3) D Interview Summary (PT0_413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`—
`4) I:I Other'
`2) D Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`
`Paper No(s)/Mai| Date .
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20161005
`
`Disposition of Claims*
`5)IXI Claim(s) 1-4 and 6-14 is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6 III Claim s) _ is/are allowed.
`s 1-4 and 6-14 is/are rejected.
`
`is/are objected to.
`
`) )
`
`_
`
`
`are subject to restriction and/or election requirement.
`9)|:l Claim(s
`)
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
` S
`htt
`://www.usoto. ov/ atents/init events) .h/index.‘
`
`
`
`, or send an inquiry to PPeredback©uspto.qov.
`
`Application Papers
`
`10)I:I The specification is objected to by the Examiner.
`11)|:I The drawing(s) filed on _ is/are: a)I:I accepted or b)I:I 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)I:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. §119(a)-(d) or (f).
`Certified copies:
`
`b)I:I Some” c)I:I None of the:
`a)I:I All
`1.I:I Certified copies of the priority documents have been received.
`2.I:I Certified copies of the priority documents have been received in Application No.
`3.I:I 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)
`
`
`
`

`

`Application/Control Number: 14/504,771
`
`Page 2
`
`Art Unit: 1757
`
`1.
`
`The present application is being examined under the pre-AIA first to invent
`
`provisions.
`
`DETAILED ACTION
`
`Claim Rejections - 35 USC § 103
`
`2.
`
`The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis
`
`for all obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described
`as set forth in section 102, if the differences between the subject matter sought to be patented
`and the prior art are such that the subject matter as a whole would have been obvious at the
`time the invention was made to a person having ordinary skill in the art to which said subject
`matter pertains. Patentability shall not be negatived by the manner in which the invention was
`made.
`
`3.
`
`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 pre-AIA 35 U.S.C. 103(a) are summarized as follows:
`
`1. Determining the scope and contents of the prior art.
`
`2. Ascertaining the differences between the prior art and the claims at issue.
`
`3. Resolving the level of ordinary skill in the pertinent art.
`
`4. Considering objective evidence present in the application indicating
`
`obviousness or nonobviousness.
`
`4.
`
`This application currently names joint inventors. In considering patentability of the
`
`claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter
`
`of the various claims was commonly owned at the time any inventions covered therein
`
`were made absent any evidence to the contrary. Applicant is advised of the obligation
`
`under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was
`
`not commonly owned at the time a later invention was made in order for the examiner to
`
`

`

`Application/Control Number: 14/504,771
`
`Page 3
`
`Art Unit: 1757
`
`consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C.
`
`102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
`
`5.
`
`Claims 1-4 and 6-14 are rejected under pre-AIA 35 U.S.C. 103(a) as being
`
`unpatentable over Meier (US 6,262,359) in view of Okayasu (JP 07-106611,
`
`Machine Translation) in view of Ohmi (US 5,563,092) in further view of Foglietti
`
`(US 2002/0142500 A1).
`
`Regarding claims 1-4, 6, and 9-13, Meier discloses a solar cell comprising (see
`
`Fig. 3D, C5/L38-C6/L55):
`
`a substrate (218 n-type) having a front surface that faces the sun to collect solar
`
`radiation during normal operation and a back surface opposite the front surface;
`
`an emitter (220 p-type) forming a backside junction with the substrate;
`
`a front electrode disposed over the front surface of the substrate (212);
`
`a back electrode disposed over the back surface of the substrate (222).
`
`However, Meier does not disclose that the emitter is a polysilicon emitter and that
`
`there is a first tunnel dielectric formed between the emitter and the back surface of the
`
`substrate.
`
`Okayasu discloses that instead of forming an emitter or surface field from a
`
`portion of a substrate which is doped an emitter can be formed using a doped
`
`polysilicon layer ([0005][0009]) and by forming an emitter or surface field this way the
`
`thickness can be more accurately controlled and it prevent generation of floating foreign
`
`matter.
`
`

`

`Application/Control Number: 14/504,771
`
`Page 4
`
`Art Unit: 1757
`
`It would have been obvious to one of ordinary skill in the art at the time of the
`
`invention to replace the method of forming the emitter and front surface field from a
`
`portion of a substrate of Meier and instead forming the emitter and front surface field by
`
`using a doped polysilicon layer as disclosed by Okayasu because the thickness can be
`
`more accurately controlled and it prevent generation of floating foreign matter.
`
`Foglietti discloses that polycrystalline growth directly on crystalline silicon results
`
`in partial realignment of the polycrystalline grains and to suppress this effect a thin oxide
`
`can be grown similar to that disclosed by Ohmi ([0046]).
`
`It would have been obvious to one of ordinary skill in the art at the time of the
`
`invention to modify the solar cell of modified Meier by providing a thin tunneling oxide
`
`between the emitter layer and the substrate and the FSF layer and the substrate
`
`because as disclosed by Ohmi and Foglietti it suppresses realignment of polysilicon
`
`emitter and BSF layers.
`
`Regarding claims 7 and 14, modified Meier discloses all of the claim limitations
`
`as set forth above.
`
`However, Meier does not disclose that the electrode that is in contact with the p-
`
`type polysilicon layer is silver.
`
`Okayasu discloses that the back electrode on the polysilicon emitter is formed of
`
`a silver electrode [0044].
`
`It would have been obvious to one of ordinary skill in the art at the time of the
`
`invention to replace the aluminum electrode of Meier with the silver electrode of
`
`

`

`Application/Control Number: 14/504,771
`
`Page 5
`
`Art Unit: 1757
`
`Okayasu because one of ordinary skill in the art would have been able to carry out such
`
`a substitution, and the results would be reasonably predictable.
`
`Regarding claim 8, modified Meier discloses all of the claim limitations as set
`
`forth above.
`
`In addition, Meier discloses an antireflection layer (214) disposed over the top
`
`surface of the substrate (C6/L20-25).
`
`Conclusion
`
`6.
`
`Applicant's amendment necessitated 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 extension of time policy as set forth in 37
`
`CFR1.136(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 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 SIX MONTHS from the date of this final action.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to DEVINA PILLAY whose telephone number is (571 )270-
`
`

`

`Application/Control Number: 14/504,771
`
`Page 6
`
`Art Unit: 1757
`
`1180. The examiner can normally be reached on Monday thru Friday 7:30am -5:00pm
`
`(EST). Examiner Fax Number is (571)-270-2180.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Jeffrey T. Barton can be reached on 571 -272—1307. The fax phone number
`
`for the organization where this application or proceeding is 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 may be 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.
`
`/DEVINA PILLAY/
`
`Primary Examiner, Art Unit 1757
`
`