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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-2, 4, 5, 7 and 9 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Laaly et al. (US 4,860,509).
Regarding claim 1, Laaly discloses a membrane in Figures 1-3 capable of passing from a configuration wound around a mandrel about a first axis Z to a configuration deployed along a second axis X substantially perpendicular to the first axis Z (membrane is flexible and can be rolled, abstract, column 2 lines 45-50 and column 4 lines 48-51), comprising:
a. a main substrate (10a) comprising an upper surface covered at least partially with a first layer (10b) comprising a first thermoplastic polymer (column 6 lines 6-15),
b. at least one electrically conductive track (conductors interconnecting cells 16, column 7 lines 12-20),
c. a photovoltaic unit comprising a secondary substrate (solar cell flexible substrate) (column 8 lines 46-49) and at least one photovoltaic cell (16) fixed to an upper surface of the secondary substrate (column 8 lines 46-49 and column 7 lines 20-40), the photovoltaic unit being designed to produce an electric current (column 7 lines 20-40), and being electrically connected to the at least one electrically conductive track (column 7 lines 12-20), the secondary substrate (solar cell flexible substrate) comprising a lower surface, opposite the upper surface of the secondary substrate and oriented towards the upper surface of the main substrate (10a), the lower surface of the secondary substrate (solar cell flexible substrate) being covered at least partially with a second layer comprising a second thermoplastic polymer (lower layer of pottant 12 which is EVA, column 7 lines 20-47), and in that the lower surface of the secondary substrate (solar cell flexible substrate) of the photovoltaic unit and the upper surface of the main substrate (10a) are at least partially heat welded, fused together by the first thermoplastic polymer (10b) and the second thermoplastic polymer (lower layer of pottant 12), without mechanical discontinuity between the main substrate (10a) and the photovoltaic unit (Figures 1-3, column 2 lines 45-53, column 4 lines 15-34, column 5 lines 6-21, column 8 lines 6-36 and column 11 lines 5-9).
Regarding claim 2, Laaly discloses all of the claim limitations as set forth above. Laaly additionally discloses that the photovoltaic unit is a photovoltaic module comprising a plurality of photovoltaic cells (16) fixed to the upper surface of the secondary substrate (column 7 lines 20-40 and Figures 2-3).
Regarding claim 4, Laaly discloses all of the claim limitations as set forth above. Laaly additionally discloses at least one additional element (bus bars 24, 26, 28, 30) comprising a connection surface (column 7 lines 15-20) covered at least partially with a third layer (upper encapsulant layer 12) comprising a third thermoplastic polymer (EVA, column 7 lines 20-47), said connection surface of the at least one additional element being at least partially heat welded to the upper surface or a lower surface of the main substrate, opposite the upper surface of the main substrate (column 2 lines 45-53 and column 11 lines 5-9), the at least one additional element being a protective foam, a sheath for a cable, an insulator, a connector, an electrical component, a membrane stiffener, or a support loop or a membrane stiffener (additional elements are electrical connectors, bus bars 24, 26, 28, 30, column 7 lines 15-20).
Regarding claim 5, Laaly discloses all of the claim limitations as set forth above. Laaly additionally discloses that the main substrate (10a) comprises reinforcing fibers (11) wherein the reinforcing fibers (11) comprise glass fibers, carbon fibers and/or aramid fibers (column 6 lines 6-21).
Regarding claim 7, Laaly discloses all of the claim limitations as set forth above. Laaly additionally discloses that the first thermoplastic polymer and/or the second thermoplastic polymer and/or the third thermoplastic polymer are the same thermoplastic polymer (Second and third are both pottant layers and can be EVA, column 7 lines 20-47).
Regarding claim 9, Laaly discloses all of the claim limitations as set forth above. Laaly additionally discloses that the lower surface of the secondary substrate of the photovoltaic unit and the upper surface of the main substrate are in contact with each other (Figures 2 and 3, all of the layers of the membrane are in contact with each other. It is noted that the term “in contact” does not require direct contact or a particular order of the layers.).
Claims 1-4, 6-7 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Weigel et al. (US 2015/0114457) which incorporates by reference Padiyath et al. (US 7,018,713).
Regarding claim 1, Weigel discloses a membrane ([97], Figures 2 and 3) capable of passing from a configuration wound around a mandrel about a first axis Z to a configuration deployed along a second axis X substantially perpendicular to the first axis Z (Figure 1 and [21], [25] and [28]), comprising:
a. a main substrate (240) ([32]) comprising an upper surface covered at least partially with a first layer (100) comprising a first thermoplastic polymer ([38], see listed barrier layers including barrier layer of US 7,018,713 to Padiyath et al. which includes thermoplastic polymers, column 3 lines 35-65),
b. at least one electrically conductive track ([96], see circuitry with photovoltaic cells),
c. a photovoltaic unit ([95]-[97]) comprising a secondary substrate (rear flexible film substrate of photovoltaic devices, [95]-[97]) and at least one photovoltaic cell fixed to an upper surface of the secondary substrate ([95]-[97]), the photovoltaic unit being designed to produce an electric current, and being electrically connected to the at least one electrically conductive track ([95]-[97]), the secondary substrate comprising a lower surface, opposite the upper surface of the secondary substrate and oriented towards the upper surface of the main substrate (240), the lower surface of the secondary substrate (rear flexible film substrate) being covered at least partially with a second layer comprising a second thermoplastic polymer (rear encapsulant layer which can be EVA, [96]),and in that the lower surface of the secondary substrate (rear flexible film substrate) of the photovoltaic unit and the upper surface of the main substrate (240) are at least partially heat welded, fused together by the first thermoplastic polymer (100) and the second thermoplastic polymer (rear encapsulant layer), without mechanical discontinuity between the main substrate and the photovoltaic unit ([93]-[97] and [28]-[29] and [19], see thermal lamination of device which fuses together all the device layers including the main substrate and the photovoltaic unit).
Regarding claim 2, Weigel discloses all of the claim limitations as set forth above. Weigel additionally discloses that the photovoltaic unit is a photovoltaic module comprising a plurality of photovoltaic cells fixed to the upper surface of the secondary substrate ([95]-[97]).
Regarding claim 3, Weigel discloses all of the claim limitations as set forth above. Weigel additionally discloses that the main substrate (240) is perforated (See gaps 140, [23] and Figures 2 and 3).
Regarding claim 4, Weigel discloses all of the claim limitations as set forth above. Weigel additionally discloses at least one additional element (adhesive layer 120) comprising a connection surface (top surface of adhesive layer 120) covered at least partially with a third layer (upper encapsulant layer) comprising a third thermoplastic polymer (upper encapsulant layer can be EVA, [95]-[97]), said connection surface of the at least one additional element being at least partially heat welded to the upper surface or a lower surface of the main substrate (heat/thermally laminated to main substrate, [22] and [28]-[29]), opposite the upper surface of the main substrate, the at least one additional element being a protective foam, a sheath for a cable, an insulator, a connector, an electrical component, a membrane stiffener, or a support loop for a membrane stiffener (Additional element is an electrically insulating adhesive material [64], which reads on both a connector and an insulator).
Regarding claim 6, Weigel discloses all of the claim limitations as set forth above. Weigel additionally discloses that the first thermoplastic polymer, the second thermoplastic polymer and/or the third thermoplastic polymer is a polymer from the family of the polyaryletherketone (PAEK) polymers (Weigel, [10] and [87] and US 7,018,713 to Padiyath et al. cited in [38] of Weigel, column 3 lines 35-65).
Regarding claim 7, Weigel discloses all of the claim limitations as set forth above. Weigel additionally discloses that the first thermoplastic polymer and/or the second thermoplastic polymer and/or the third thermoplastic polymer are the same thermoplastic polymer (Second and third thermoplastic polymers can be encapsulant layers of the same thermoplastic such as EVA, [40] and [96]-[97]).
Regarding claim 9, Weigel discloses all of the claim limitations as set forth above. Weigel additionally discloses that the lower surface of the secondary substrate of the photovoltaic unit and the upper surface of the main substrate are in contact with each other (All of the layers of the membrane are in contact with each other. It is noted that the term “in contact” does not require direct contact or a particular order of the layers.).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Laaly et al. (US 4,860,509) or Weigel et al. (US 2015/0114457), as applied to claim 1 above, in view of Murphy (US 7,211,722).
Regarding claim 8, Laaly or Weigel discloses all of the claim limitations as set forth above. Laaly or Weigel do not discloses a satellite comprising at least one membrane as set forth above.
Murphy discloses a satellite (84) comprising a flexible membrane with photovoltaic devices (Figure 11, column 1 lines 15-50, column 4 lines 42-48 and column 7 lines 58-65).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to add a satellite comprising at least one membrane as set forth above to the devices of Laaly and Weigel, as taught by Murphy, because it would result in nothing more than the combination of prior art elements according to known methods to yield predictable results.
Response to Arguments
Applicant's arguments filed 8/08/2025 have been fully considered but they are not persuasive.
Applicant argues that Laaly and Weigel do not disclose the limitation “the lower surface of the secondary substrate of the photovoltaic unit and the upper surface of the main substrate are at least partially heat welded fused together by the first thermoplastic polymer and the second thermoplastic polymer”.
Examiner respectfully disagrees. Laaly anticipates all of the claim limitations and discloses a photovoltaic unit comprising a secondary substrate (solar cell flexible substrate) (column 8 lines 46-49) and at least one photovoltaic cell (16) fixed to an upper surface of the secondary substrate (column 8 lines 46-49 and column 7 lines 20-40), the photovoltaic unit being designed to produce an electric current (column 7 lines 20-40), and being electrically connected to the at least one electrically conductive track (column 7 lines 12-20), the secondary substrate (solar cell flexible substrate) comprising a lower surface, opposite the upper surface of the secondary substrate and oriented towards the upper surface of the main substrate (10a), the lower surface of the secondary substrate (solar cell flexible substrate) being covered at least partially with a second layer comprising a second thermoplastic polymer (lower layer of pottant 12 which is EVA, column 7 lines 20-47), and in that the lower surface of the secondary substrate (solar cell flexible substrate) of the photovoltaic unit and the upper surface of the main substrate (10a) are at least partially heat welded, fused together by the first thermoplastic polymer (10b) and the second thermoplastic polymer (lower layer of pottant 12), without mechanical discontinuity between the main substrate (10a) and the photovoltaic unit (Figures 1-3, column 2 lines 45-53, column 4 lines 15-34, column 5 lines 6-21, column 8 lines 6-36 and column 11 lines 5-9) as claimed.
Laaly additionally discloses in column 4 lines 16-18, “This invention consists of the lamination or bonding of photovoltaic solar cells to a flexible roofing membrane” and in column 5 lines 6-21, Laaly discloses that the layers of the structure are all fused together to form a unitary structure. Laaly further discloses in claim 11 that the layers are integrated into a unitary assembly by fusing them together into a flexible system under heat. Thus, Laaly anticipates the claim limitation “the lower surface of the secondary substrate of the photovoltaic unit and the upper surface of the main substrate are at least partially heat welded fused together by the first thermoplastic polymer and the second thermoplastic polymer”.
Further, Weigel anticipates all of the claim limitations and discloses a photovoltaic unit ([95]-[97]) comprising a secondary substrate (rear flexible film substrate of photovoltaic devices, [95]-[97]) and at least one photovoltaic cell fixed to an upper surface of the secondary substrate ([95]-[97]), the photovoltaic unit being designed to produce an electric current, and being electrically connected to the at least one electrically conductive track ([95]-[97]), the secondary substrate comprising a lower surface, opposite the upper surface of the secondary substrate and oriented towards the upper surface of the main substrate (240), the lower surface of the secondary substrate (rear flexible film substrate) being covered at least partially with a second layer comprising a second thermoplastic polymer (rear encapsulant layer which can be EVA, [96]),and in that the lower surface of the secondary substrate (rear flexible film substrate) of the photovoltaic unit and the upper surface of the main substrate (240) are at least partially heat welded, fused together by the first thermoplastic polymer (100) and the second thermoplastic polymer (rear encapsulant layer), without mechanical discontinuity between the main substrate and the photovoltaic unit ([93]-[97] and [28]-[29] and [19], see thermal lamination of device which fuses together all the device layers including the main substrate and the photovoltaic unit).
Weigel additionally discloses in [51] that the weatherable sheet is a topcoat for the photovoltaic device and in [28]-[29] and [93] discloses that the weatherable sheet 160 is thermally laminated (which reads on heat welded) to the barrier film and substrate as a final step in the manufacturing process. Weigel further discloses in [4], [105] and [112] that the entire multilayer film is a laminate. When the weatherable sheet which is a topcoat on the photovoltaic cells is thermally laminated to the barrier film and substrate the entire layer structure is formed into a laminate which reads on “the lower surface of the secondary substrate of the photovoltaic unit and the upper surface of the main substrate are at least partially heat welded fused together by the first thermoplastic polymer and the second thermoplastic polymer”. The entire device including the secondary substrate and the main substrate are heat welded by the thermal lamination in the final step which fuses together all the layers of the device including the main substrate and the photovoltaic unit. It is noted that as discussed above, no direct bond between the main substrate and the secondary substrate is required by the claims.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., direct bond between the main substrate and the secondary substrate without any additional layers between them) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). The claims do not require direct bonding or direct physical contact of the main substrate and the secondary substrate.
Conclusion
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 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 LINDSEY A BUCK whose telephone number is (571)270-1234. The examiner can normally be reached Monday-Friday 9am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Martin can be reached at (571)270-7871. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LINDSEY A BUCK/Primary Examiner, Art Unit 1728