Docket No. 10031.004211
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`Response To Office Action
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`REMARKS
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`With the above amendments, claims 1-4 and 6-14 remain in the application.
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`Claims 5 and 15-20 are canceled Without prejudice.
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`Claim amendments have been made to expedite prosecution. Applicant expressly
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`. reserves the right to pursue the original version of an amended claim in a continuing
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`application.
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`Terminal Disclaimer
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`An eTerminal Disclaimer has been submitted to obviate the nonstatutory double
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`patenting rejection that is based on US 8,207,444 and US 8,222,516.
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`Claim Rejection -- 35 U.S.C. §112
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`Claim 9 is amended to address the rejection under pre-AIA 35 U.S.C. §112,
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`second paragraph.
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`Claim Rejection -- 35 U.S.C. § 103
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`Claims 1-4 and 6-14 are rejected under pre-AIA 35 U.S.C. §103(a) as being
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`unpatentable over Okayasu (JP 07-106611) in View of Ohmni (US 5,516,092) and
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`Foglietti (US 2002/0142500). The rejection is respectfully traversed.
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`Claim 1 is patentable over the combination of Okayasu, Omnhi, and Foglietti at
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`least for reciting: “an emitter disposed over the first tunnel dielectric, the emitter forming
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`a backside junction with the substrate.”
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`In the embodiment of claim 1, the emitter is disposed over the tunnel dielectric
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`and forms a backside junction with the substrate. It is respectfully submitted that this
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`feature of claim 1 is not taught or suggested by the combination of Okayasu, Ohmni, and
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`Foglietti.
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`

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`Docket No. 10031.004211
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`Response To Office Action
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`To the extent the applicant understands the machine translation of the disclosure
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`of Okayasu, Okayasu FIG. 1 shows a solar cell with an N—type substrate 1, a layer 2 on
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`the front side, an N+ BSF layer 5, an electrode 6 on the backside, and an electrode 4 on
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`the front side. It is respectfully submitted that because the layer 5 is a back surface field
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`layer, the layer 5 is necessarily an the back surface and has the same polarity as the
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`substrate 1. Accordingly, the BSF layer 5 cannot form a backside junction with the
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`substrate, and thus cannot correspond to the recited emitter.
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`It is respectfully submitted
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`that Ohmni and Foglietti do not add to Okayasu regarding the recited emitter feature of
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`claim 1.
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`Therefore, it is respectfully submitted that claim 1 is patentable over the
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`combination of Okayasu, Ohmni, and Foglietti.
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`Claims 2-4 and 6-8 are patentable over the combination of Okayasu, Ohrnni, and
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`Foglietti at least for depending from claim 1.
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`Claim 9 is patentable over the combination of Okayasu, Ohmni, and Foglietti at
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`least for reciting: “an emitter over the back surface of the substrate, the emitter forming a
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`backside junction with the substrate; a first dielectric between the emitter and the back
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`surface.” It is respectfiilly submitted that the combination of Okayasu, Ohmni, and
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`Foglietti does not teach or suggest a solar cell with an emitter that is over a dielectric that
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`forms a backside junction with the substrate.
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`Claims 10-14 are patentable over the combination of Okayasu, Ohmni, and
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`Foglietti at least for depending from claim 9.
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`Claims 1-4 and 6-14 are rejected under pre-AIA 35 U.S.C. §103(a) as being
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`unpatentable over Okayasu in View of Borden (WO 2009/094578). The rejection is
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`respectfully traversed.
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`Claim 1 is patentable over the combination of Okayasu and Borden at least for
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`reciting: “an emitter disposed over the first tunnel dielectric, the emitter forming a
`backside junction with the substrate.” It is respectfully submitted that Okayasu does not
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`disclose an emitter that is disposed over a tunnel dielectric and forms a backside junction
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`with the substrate. Instead, Okayasu discloses a solar cell with a back surface field layer,
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`which is necessarily a back surface layer that has the same polarity as the substrate. It is
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`6
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`

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`Docket No. 10031.004211
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`Response To Office Action
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`respectfully submitted that Borden does not add to Okayasu regarding the recited emitter
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`feature of claim 1.
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`Claims 2-4 and 6-8 are patentable over the combination of Okayasu and Borden at
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`least for depending from claim 1.
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`Claim 9 is patentable over the combination of Okayasu and Borden least for
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`reciting: “an emitter over the back surface of the substrate, the emitter forming a backside
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`junction with the substrate; a first dielectric between the emitter and the back surface.” It
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`is respectfully submitted that the combination of Okayasu and Borden does not teach or
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`suggest a solar cell with an emitter that is over a dielectric that forms a backside junction
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`with the substrate.
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`Claims 10-14 are patentable over the combination of Okayasu and Borden at least
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`for depending from claim 9.
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`Conclusion
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`For at least the above reasons, it is believed that the pending claims are in
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`condition for allowance. The Examiner is invited to telephone the undersigned for any
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`questions and to resolve any remaining concerns regarding allowability of the present
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`application.
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`Dated.
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`gem, m ,1000
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`Respectfully submitted,
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`
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`Pal/um. 76% can
`Patrick D. Benedicto, Reg. No. 40,909
`Okamoto & Benedicto LLP
`PO. Box 641330
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`San Jose, CA 95164
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`Tel: (408)436-2112
`Fax; (408)436-2114
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`