DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 4, 6, 9-14 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Flanigan (US 2018/0115275 A1) in view of Liu (US 20210044250 A1) in view of Grieco (US 2013/0014455 A1) in view of Benensky (US 2019/0093344 A1).
Regarding claims 1, 4, 6, 9, 10 and 21, Flanigan discloses a system comprising:
a plurality of roofing modules installed on a roof deck of a structure, each
of the roofing modules includes wherein each of the roofing modules is installed on the roof deck, wherein each of the roofing modules does not include a solar cell (any two of 204, see Fig. 2E, Fig. 4, 400, 804 see Fig. 8-11 [0062]-note that roof tiles do not have to include PV cells see Fig. 2I); and
a plurality of photovoltaic modules installed on the roof deck, each of the plurality of photovoltaic modules includes plurality of solar cells (any one of 204, see Fig. 2, Fig. 4, 402/404/406, Fig. 3 300, 804 see Fig. 8-11 [0062]-note that roof tiles do not have to include PV cells see Fig. 2I and 2E),
an encapsulant (See Fig. 2J/2K, 226 [0071]) encapsulating the plurality of solar cells (See Fig. 2J/2K 224 [0071]), wherein the encapsulant of the photovoltaic module includes a first surface and a second surface opposite the first surface of the encapsulant of the photovoltaic module,
a frontsheet (230 See Fig. 2J/2K, [0071]), wherein the frontsheet includes
a first surface, and
a second surface opposite the first surface of the frontsheet, wherein the second surface of the frontsheet is juxtaposed with the first surface of the encapsulant,
and a backsheet (228 or 230 See Fig. 2J/2K, 226 [0071]) juxtaposed with the second surface of the encapsulant of the photovoltaic module, wherein the roofing modules are installed on the roof deck proximate to the photovoltaic modules (See Fig. 2 and Fig. 6).
However, Flanigan does not disclose that the first surface of the frontsheet of the photovoltaic module is textured.
Liu discloses that a coating or texture (1202) can be added to glass covers (1204) of photovoltaic module roof tiles to achieve a desired aesthetically pleasing look ([0091]-[0095]).
Flanigan discloses an aesthetically pleasing appearance is desirable ([0079]).
It would have been obvious to one of ordinary skill in art at the time of filing to modify the top surface of the glass cover of the photovoltaic of Flanigan by having a microtexture or a SiOx/SiNx coating (texture) on a glass cover of a photovoltaic module because as disclosed by Liu it will allow for a more aesthetically pleasing appearance and Flanigan discloses that a more aesthetically pleasing appearance is desired.
Flanigan discloses that the roof tile can be made of a variety of materials but does not disclose the specific roof tile structure ([0056]) and in addition discloses a head lap portion (note that roof tiles overlap one another, see Fig. 2J and 2K and Fig. 5).
However, Flanigan does not disclose the roofing module includes that the first layer is a polymer layer with a reveal portion that is textured and a second layer wherein the second layer includes a head lap portion extending from a first end to a second opposite end, a first side lap at the first end, and a second side lap at the second end,
wherein the reveal portion of the first layer is between the first side lap and the second side lap of the second layer and wherein the backsheet of photovoltaic module includes a side lap at the second end of the photovoltaic module.
Grieco discloses a roofing module (see Fig. 7, 24) that can be coupled to a photovoltaic assembly which includes a first layer is a polymer layer (24, is an attachment panel and materials which can form layers of the attachment panel include polymers [0013][0033][0036]-[0036], 20 is first layer) and a second layer (26 is second layer, include glass reinforced polymers [0033]) wherein the second layer a first side lap at the first end (see Fig. 7, 28, left side), and a second side lap at the second end (see Fig. 7, 28, right side) of the second layer, wherein a reveal portion (center portion where PV module is placed, see Fig. 5) of the first layer is between the first side lap and the second side lap (these are on the second layer which has portions 28, which are side laps) of the second layer and wherein the backsheet of photovoltaic module (includes roofing module) includes a side lap at the second end of the photovoltaic module (see Fig. 7, 28, right side).
It would have been obvious to one of ordinary skill in the art at the time of the filing to modify the roof module of Flanigan by using the roofing module as disclosed by Grieco because Grieco discloses an effective structure for a roof module.
Friedrich discloses that roof tiles can be formed with overlapping covers wherein a nail or screw attach the tiles to a roof structure (see Figs. 10, [0135]-[0137] and Fig. 3 and Fig. 4 [0156]-[0157]) and that this attachment can be done through a head lap portion on a back layer (see Fig. 4, portion 21 [0086]).
In addition, Grieco discloses that the roofing module includes a head lap portion (head lap portion shown of attachment panel, see Figs. 4 and 14 which shows head lap portions which are overlapped with bottom of adjacent tile) which is how the tiles are attached to the roof through nails ([0038], see Fig. 4, reinforced nail zone 34).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the second layer of roof tile which is included in the roofing modules and the photovoltaic modules of modified Flanigan to include a head lap portion in the second layer by having a head lap reinforced zone structure as disclosed by Grieco because Flanigan discloses that the roof tiles can be attached through overlapping covers and Grieco discloses that overlapping covers of tiles are attached through fasteners to a roof.
Modified Flanigan will include the first layer reveal portion (see modification above with Grieco ) being textured since Flanigan discloses a pattern structure to mimic silicon elements on the first layer ([0046]).
However, modified Flanigan does not disclose the wherein a first photovoltaic module of the plurality of photovoltaic modules is vertically adjacent to a second photovoltaic module of the plurality of photovoltaic modules, wherein a first roofing module of the plurality of roofing modules is vertically adjacent to a second roofing module of the plurality of roofing modules, wherein the second roofing module overlays the head lap portion of the first roofing module, wherein the first roofing module is horizontally adjacent to the first photovoltaic module in a first row, wherein the first side lap of the first roofing module overlays the side lap of the first photovoltaic module, and
wherein the second roofing module is horizontally adjacent to the second photovoltaic module in a second row, and wherein the first side lap of the second roofing module overlays the side lap of the second photovoltaic module.
Benensky discloses a roofing tile and a shingling method wherein the tiles are shingled such that side lap portions (portions to the right of lines depicted in Fig. 3 of 116) and head lap portions (118) overlie one another (see Fig. 9).
Flanigan discloses that different arrangements between PV modules and roofing modules can be used ([0082]).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the arrangement and method of attachment between neighboring modules in a row of modified Flanigan to have the arrangement as claimed above and furthermore to have the attachment method between modules as disclosed by Benensky because it is an effective method to attach modules to a roof and furthermore because Flanigan discloses different arrangements are feasible and should be optimized based on aesthetics, energy production needs, and cost.
Regarding claims 11-14, modified Flanigan discloses all of the claim limitations as set forth above.
In addition, Flanigan disclose that the roof tile can include a patterning to mimic a photovoltaic module ([0046).
Liu discloses that mimicking a solar cell can be achieved with paint layers ([0071]).
It would have been obvious to one of ordinary skill in the art at the time of the invention by modifying the first and/or second layer of modified Flanigan by applying a paint layer on either layer depending on the opacity of the overlying layer because Liu discloses that applying a paint layer can mimic appearance of a solar cell and furthermore Flanigan discloses that mimicking a photovoltaic cell is a desired aesthetic.
However, modified Flanigan does not disclose that the color is black.
Liu discloses that the paint layer can be any color to achieve desired aesthetics ([0091][0071]).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the color of the paint of modified Flanigan so that it was the claimed color because as disclosed by Liu this color can be chosen based on preference.
Matters relating to ornamentation or aesthetic design choice which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art (see 2144.04 I).
Claim(s) 3 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Flanigan (US 2018/0115275 A1) in view of Liu (US 20210044250 A1) in view of Grieco (US 2013/0014455 A1) in view of Benensky (US 2019/0093344 A1) as applied to claims 1, 4, 6, 9-14 and 21 above and in further view of Albert (US 2012/0085392 A1).
Regarding claims 3 and 5, modified Flanigan discloses all of the claim limitations as set forth above.
Modified Flanigan discloses that the first and second layer which comprises polypropylene however, modified Flanigan does not disclose that the first and second layer comprise thermoplastic polyolefins.
Albert discloses a roof tile wherein the resin which forms the matrix layer includes a thermoplastic polyolefin where in the polyolefin includes a polypropylene [0026].
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the resin of modified Flanigan to be a thermoplastic polyolefin wherein the polyolefin includes polypropylene as disclosed by Albert because Albert discloses thermoplastic polyolefin is an appropriate in a roof tile.
Claim(s) 7 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Flanigan (US 2018/0115275 A1) in view of Liu (US 20210044250 A1) in view of Grieco (US 2013/0014455 A1) in view of Benensky (US 2019/0093344 A1) as applied to claims 1, 4, 6, 9-14 and 21 above and in further view of Matsumoto (JP2006-177077, Machine Translation).
Regarding claims 7 and 8, modified Flanigan discloses all of the claim limitations as set forth above.
However, Flanigan does not disclose:
wherein the first layer has a thickness of 25 to 100 mils
wherein the second layer has a thickness of 25 to 200 mils
Matsumoto discloses that the thickness of layers within a roof tile can be optimized according to the desired strength and rigidity ([0033]).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the thickness of the above layers of modified Flanigan to be within the claimed range because as disclosed by Matsumoto it will allow for one to achieve the desired strength and rigidity.
Response to Arguments
Applicant argues that Greico in Fig. 7 does not disclose first and second side laps at opposite ends of a roofing module and instead discloses mounting members (28).
The definition of lap is “the amount by which one object projects beyond another”. Therefore because the ends of 26 (26C and 26D, see Fig. 7) project beyond the boundaries of 20 which is the attachment panel ([0035] see element 14, Fig. 4) these can be considered side lap portions given the broadest reasonable interpretation of the definition of laps.
Applicant further argues that overlaying the mounting member 28 of the first attachment panel 24 over the mounting member 28 of the second attachment member 24 is not practical, because doing so would alter the position and angle of the first attachment panel relative to the roof deck, and result in not enabling the upwardly facing surfaces of the array of the solar shingles to be even in the same plane.
Benensky discloses a roofing tile and a shingling method wherein the tiles are shingled such that side lap portions (portions to the right of lines depicted in Fig. 3 of 116) and head lap portions (118) overlie one another (see Fig. 9) and are used as mounting members to mount the tiles on the roof and also to adjacent tiles and that the tiles are in the same plane.
Conclusion
THIS ACTION IS MADE FINAL. 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 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing 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)270-1180. The examiner can normally be reached Monday-Friday 9:30-6:00.
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DEVINA PILLAY
Primary Examiner
Art Unit 1726
/DEVINA PILLAY/Primary Examiner, Art Unit 1726