Datum Bit ‘Anmelde-Nr: Date 2 Sheet 1 Appicaion No. 13 734 280.4 Date Feuille Demande n° ‘The examination is being carried out on the following applics Description, Pages ttt as published Claims, Numbers 145 filed with entry into the regional phase before the EPO Drawings, Sheets as published After the consideration of the requests and argumentation given in the applicant letter filed on 27. August 2015, the patent application cannot be still granted for the following reasons 1 Objections under Art. 123 (2) EPC The amendment filed with the letter dated 27. August 2015 introduces subject-matter, which extends beyond the content of the application as filed, contrary to Article 123(2) EPC. The amendment concerned is the following: 1.1 The new feature of present claim 1 whereupon a method comprises a step of forming a shallow counter doping layer on a first surface of a crystalline base layer does not have any basis in the application documents as originally filed, since it discloses also an embodiment, in which a shallow counter doping layer is formed on crystalline base layer (see present claim 2) comprising a mono-crystalline silicon wafer and an epitaxially grown crystalline-Si thin film. This embodiment is not disclosed in the application documents as originally filed, which only disclose (see par. 46 cited by the applicant in the present letter) a forming of the shallow counter doping layer on the surface of SG-Si substrates either by doping the surface of SG-Si substrate, i.e. by forming the shallow counter doping layer in the crystalline substrate (see also par.1, 35, 39-44, figs.1A-1F, 2 ), or by epitaxially growing a thin layer of c-Si having an opposite doping type on the surface of SG-Si substrate (par.46). Accordingly, there is no embodiment in the application documents as originally filed, in which a shallow counter doping layer is formed by epitaxially growing on a first crystalline-Si thin film epitaxially grown on a mono-crystalline siliconDatum Bit ‘Anmelde-Nr: bate -16.11.201 Sheet 2 Appicaion No. 13 734 280.4 Date Feuille Demande n° wafer. As a consequence the subject-matter of present claim 1 is not allowable. Accordingly present claim 2 dependent on present claim 1 is also not allowable The same objection applies to the subject-matter of new claim 3, which discloses in addition to the stated above an embodiment, in which a shallow counter doping layer is positioned on crystalline base layer (see claim 2) comprising a mono-crystalline silicon wafer, an epitaxially grown crystalline-Si thin film, and an epitaxially grown crystalline-Si (c-Si) thin film with graded doping (see present claim 4). This embodiment does not have any basis in the application documents as originally filed and therefore the subject-matter of present claim 3 is not allowable. Accordingly present claims 4-15 dependent on present claim 3 are also not allowable. 2 Clarity objections under Article 84 EPC The application does not meet the requirements of Art. 84, because the subject-matter of present claims 1 and 3 is not clear. The subject-matter of present claims 1 and 3 ist not clear, since it is not clear where a surface field layer and first-side and second side electrodes are provided with respect to a stack of a shallow counter doping layer, a first dielectric tunneling layer and an emitter. 3 Cited documents The following document is cited by the Examiner. A copy of the document is annexed to the communication and the numbering will be adhered to in the rest of the procedure. Dé US 2009/215218 At (MEIER DANIEL L [US] ET AL) 27 August 2009 (2009-08-27) 4 Novelty Notwithstanding the above stated objections under Art. 123(2) EPC and Art 84 EPC the present application does not meet the requirements of Article 52(1) EPC because the subject-matter of present claims 1 and 3 is not new within the meaning of Article 54(1) and (2) EPC over the document D6. 4.1 Present independent claim 1Datum Bit ‘Anmelde-Nr: bate -16.11.201 Sheet 3 Appicaion No. 13 734 280.4 Date Feuille Demande n° D6 discloses (abstract, figs.3A-3F, par.11-12, 16-17, 20, 25, 29-45, 49) a method for fabricating a tunneling-unction solar cell, comprising: a) a forming a shallow (according to par.42 the diffused layer is provided at the surface of the substrate (see for example par.42 whereupon "upon removal of the thermal oxide layers 210 (above a diffused layer 210), 225 (adjacent to a back side of a Si substrate 200) in operation 120 (fig.3B), the surfaces of the doped substrate 200 (back side) and diffused layer 210" are exposed, therefore the feature shallow can be considered as involved in the document Dé) counter (par.17, 20) doping layer (diffused layer 210) ona first surface of a crystalline base layer (a crystalline doped silicon wafer 200, operation 100 in fig.2 par.11,12, 16-17, 20, 39-40), wherein the shallow counter doping layer (210) has a conduction doping type that is opposite (par. 17, 20) to a conduction doping type of the base layer (par.17, 20); b) forming a first dielectric tunneling layer (undoped amorphous silicon layer 230, operation 130 in fig.2, fig.3C, par.25, 29, 43. According to par.29 the undoped amorphous silicon layers has a thickness of approximately two to 10 nanometers, which can be considered as a dielectric quantum tunneling layer) on the shallow counter doping layer (diffused layer 210); c) forming an emitter layer (a first doped amorphous layer 240 in fig.3D, par. 30, 44) on the dielectric tunneling layer, wherein the emitter layer has a bandgap that is wider (since the emitter is an amorphous silicon layer, and the substrate crystalline silicon, therefore its band gap is wider than that of the base layer) and a conduction doping type opposite (see par.30) to that of the crystalline base layer; d) forming a surface field layer (a second doped amorphous layer, par.32, 45, fig.3€); e) forming a first-side electrode (250, 255, 260, 265, par.34-38, 49, fig.3F); and f) forming a second-side electrode (250, 255, 260, 265, par.34-38, 49, fig.3F); Therefore the subject-matte of present claim 1 is not novel over document D1. 4.2 Present independent Claim 3 The same reasoning (see item ) applies to independent device claim 3. Therefore present claim 3 is not novel over document D6. EPO Form 280801817)Datum Bit ‘Anmelde-Nr: bate -16.11.201 Sheet Appicaion No. 13 734 280.4 Date Feuille Demande n° 5 Inventive Step Notwithstanding the above stated objections under Art. 123(2) EPC and Art 84 EPC the present application also does not meet the requirements of Article 52(1) EPC because the subject-matter of claims 1 and 3 does not involve an inventive step within the meaning of Article 56 EPC in the light of D6. 6 Dependent claims Dependent present claims 2 and 4-15 do not appear to contain any additional features which, in combination with the features of any claim to which they refer, meet the requirements of the EPC in respect of novelty/inventive steps, the reasons being as follows: Claims 2, 4: “crystalline silicon wafer", D6, par.7, 16, 38-39, 46-47; Claim 5: The additional feature of a graded doping concentration with respect to thermal doping diffusion process can be considered as implicitly involved in D6. Referring to high doping concentration ranges between 1x10" /om® and 5 x10°%/em is merely one of several straightforward possibilities which the skilled person would select in order to form a heterojunction between the substrate and the diffused layer (par.46-47), depending on the circumstances, without exercising inventive skill, Claim 6: Since in D6, par. 42 dopants have been thermally diffused at the surface of the substrate therefore the feature of claim 5 whereupon the shallow counter doping layer has thickness less than 300 nm is considered as implicitly involved in D6. Claim 7: D6, par.17-20: thermal drive-in dopants in a crystalline Si in a furnace Claims 8, 10: see the undoped amorphous layer 235 in D6, fig.3c, par.43, which can be considered as a second dielectric tunneling layer. According to D6, par.29 the undoped amorphous silicon layers (230, 235) each has a thickness of approximately two to 10 nanometers; Claim 9: an undoped amorphous silicon layer, D8, par.43, fig.3C which can be considered as wide bandgap semiconductor material.; Claim 11:"...the undoped amorphous silicon layer is deposited using a plasma enhanced chemical vapor deposition (PECVD) process...", D6, par. 27; Claim 12: “doped amorphous silicon 240", D6, fig.3D, par.44;Datum Bit ‘Anmelde-Nr: Date ‘Sheet 5 ApplicationNe- 13 734 280.4 bate Feuille Demande Claim 13: see D6, par.31, 33. Moreover the doping concentration values in said range are generally known in the state of the art of solar cells. Claims 14, 15: "a first doped amorphous layer is deposited on the front of the wafer’, D6, par.44 combined with par.30, 32 7 Further remarks It is not at present apparent which part of the application could serve as a basis for a new, allowable claim. At least some of the objections raised above are such that there appears to be no possibility of overcoming them by amendment. Refusal of the application under Article 97(2) EPC is therefore to be expected as the next procedural step, be it during oral proceedings or not Should the applicant nevertheless regard some particular matter as patentable and intends to file an amended set of claims, the following remarks should be taken into consideration 7.1. Amendments relating to the claims: - To meet the requirements of Rule 43(1) EPC, independent claims should be drafted in the two-part form, with those features which in combination are part of the prior art (see the documents cited in the search report) being placed in the preamble (Rule 43(1)(a) EPC) and the remaining features being included in the characterising part (Rule 43(1)(b) EPC) Arguments in support of inventive step should be provided in an accompanying letter. If, however, the applicant is of the opinion that the two-part form would be inappropriate, reasons therefore should be provided in the letter of reply. - The features of the claims should be provided with reference signs placed in parentheses to increase the intelligibility of the claims (Rule 43(7) EPC). This applies to both the preamble and characterising portion (see Guidelines F-V, 4.19). 7.2 Amendments relating to the description: - When filing an amended set of claims, the applicant should at the same time bring the description into conformity with these, i.e. the applicant should limit the application to the aspects and embodiments covered by these said claimsDatum Bit ‘Anmelde-Nr: bate -16.11.201 Shest 6 Appicaion No. 13 734 280.4 Date Feuille Demande n° - The background part of the description should be revised to include a summary of the most relevant prior art in accordance with Rule 42(1)(b) with an identification of the document on which said prior art is based; and 7.3 Furthermore, the applicant should indicate in the letter of reply: - The difference between the subject-matter of the new claim and the state of the art, and the significance thereof with regard to the inventive step involved by the claimed invention; and - In order to comply with the requirements of Rule 137(4) EPC, the applicant should clearly identify the amendments made , irrespective of whether they concern amendments by addition, replacement or deletion, and indicate the passages of the application as filed on which these amendments are based (see Guidelines H-Ill, 2.1) Care should be taken during revision, especially of the introductory portion and any statements of problem or advantage, not to add subject-matter which extends beyond the content of the application as originally filed (Article 123(2) EPC). The amendments could be submitted only in typed or printed form . Itis respectfully reminded that hand-written amendments are no longer accepted (Official Journal EPO, 12/2013, p. 603).References for a basis for the amendments in the documents as originally filed according to Guidelines E-lI, 1 7.4 Any information the applicant may wish to submit concerning the subject- matter of the invention, for example further details of its advantages or of the problem it solves, and for which there is no basis in the application as filed, should be confined to the letter of reply and not be incorporated into the application (Article 123(2) EPC and the Guidelines, H-V, 2.2 to 2.5).