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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Luxembourg on 05/25/22. It is noted, however, that applicant has not filed a certified copy of the LU502168 application as required by 37 CFR 1.55.
Drawings
The drawings are objected to because of the following:
Figs. 1-10: The text for the reference numerals are light and/or difficult to read. The text should be replaced with solid dark text for legibility purposes.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1-20 are objected to because of the following informalities:
With regard to claim 1: Line 14 of the claim, it appears “the first the second interconnecting parts” should be --the first and second interconnecting parts-- for consistency and clarity of the claim language.
With regard to claim 2: Last line of the claim, it appears “the first or the second interconnecting parts” should be --the first or second interconnecting parts-- for consistency of the claim language.
With regard to claim 4: Line 4 of the claim, it appears “space;” should be –space,-- for clarity and consistency of the claim language. Such an amendment is consistent with the subsequent claim language.
With regard to claim 5: Lines 2-3 of the claim, it appears the limitation “the fastened wall or roof panel” should be --the wall or roof panel-- for consistency of the claim language.
With regard to claim 7: Line 9 of the claim, it appears “bonding second interconnecting part” should be --bonding a second interconnecting part-- for clarity of the claim language.
With regard to claim 18: Line 3 of the claim, it appears the limitation “solar cell wall or roof” should be --the solar cell wall or roof-- for consistency of the claim language. Lines 21-22 of the claim, it appears the limitation “a wall or roof support” should be --the wall or roof support-- for consistency of the claim language.
With regard to claim 19: Lines 5 and 6 of the claim, it appears the limitation “the provided solar cell wall or roof structure” should be --the solar cell wall or roof structure-- for consistency of the claim language.
With regard to claim 20: Line 2 of the claim, it appears the limitation “the provided solar cell wall or roof structure” should be --the solar cell wall or roof structure-- for consistency of the claim language.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2-3, 6, 8-12 and 16-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
With regard to claim 2: It’s unclear as to how an additional part being bonded to upper surface of the central portion of the wall or roof panel or the back side of the photovoltaic panel would allow sliding of the additional connecting part in either the first or second interconnecting parts. Note that the additional interconnecting part bonded to the upper surface of the central portion of the wall or roof panel would not allow sliding of the first interconnecting part as it is also bonded to the central portion of the wall or roof panel. Further, it’s unclear how the additional interconnecting part would be capable able of sliding into second interconnecting part when bonded to the back side of the photovoltaic panel. Examiner notes the first interconnecting part is configured to slide into the second interconnecting part. It’s unclear if the clam is referencing the resilient material (45)? Clarification is requested
With regard to claim 3: Line 4 of the claim, the limitation “the longitudinal axis” lacks sufficient antecedent basis. For the purpose of examination, the limitation is considered to be directed to --a longitudinal axis--.
With regard to claim 6: Lines 2-4 of the claim, it’s unclear if the limitations “a plurality of fasteners”, “first interconnecting part” and “a second interconnecting part” is referencing the previously recited fastener comprising a first interconnecting part and a second interconnecting part.
With regard to claim 8: The phrase "optionally" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention.
With regard to claims 9-10: Line 1 of each claim, the limitation “the angle” lacks sufficient antecedent basis.
With regard to claim 11: Line 3 of the claim, it’s unclear if the limitation “a first interlocking part” is referencing the previously recite first interlocking part. Line 5 of the claim, it’s unclear if the limitation “second interlocking part” is referencing the previously recited second interlocking part. The scope of the phrase “sterically precluding” found in lines 8-9 of the claim is unclear. In particular, it appears the term “sterically” is a chemical term. Examiner suggests removing the term “sterically” from the claim.
With regard to claim 12: It’s unclear as to how the second interlocking part is mounted to the first interlocking part by at least one or more rivets and bolts when it was previously recited that the fastener is configured to slidably fasten. Further, it’s unclear as to how the second interlocking part is mounted to the first interlocking part by at least one or more rivets and bolts as the interlocking parts would be located in between the photovoltaic panel and the wall or roof panel.
With regard to claim 16: Lines 2-3 of the claim, it’s unclear as to how the first rib is configured to snap the second rib when the ribs are located on opposite ends of the wall or roof panel. It appears applicant is referencing the first rib being configured to snap to a second rib of a second or adjacent wall or roof panel.
With regard to claim 17: It’s improper to recite a method for producing a solar cell or roof structure according to claim 1 when the solar cell wall or roof structure of claim 1 is already made. The claim does not limit the structure of the solar cell wall or roof structure of claim 1. Note that the body of the claim does not reference the elements of claim 1, but instead positively recites the same elements of claim 1. Examiner suggests removing the reference to claim 1.
With regard to claim 18: Line 3 of the claim, the limitation “the lip” lacks sufficient antecedent basis. Further, it’s unclear if the limitation “the lip” is referencing the same element as the limitation “a lip” recited in line 20 of the claim. For the purpose of examination, they considered to be referencing the same element.
With regard to claim 19: Lines 2-3 of the claim, it’s unclear as to how the first rib is configured to snap to the second rib when the ribs are located on opposite ends of the wall or roof panel. It appears applicant is referencing the first rib being configured to snap to a second rib of a second or adjacent wall or roof panel.
Claims 2-3, 6, 8-12 and 16-20 are examined as best understood.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schwarze et al. (US 2010/0282290 A1) in view of Mimura et al. (US 6,182,403 B1).
With regard to claim 1: Schwarze et al. discloses solar cell roof structure (fig. 1; par. [0013]) comprising:
a roof (substrate 05) having a upper (outwardly facing) surface (fig. 1; par. [0013]);
a photovoltaic panel (solar module 02) having a back (bottom) side (fig. 1; par. [0020]); and
a fastener (03, 06) (fig. 1) comprising:
a first interconnecting part (06) bonded (via fixing rail 24 and screw connection) to the upper surface of the roof (fig. 1; par. [0023]-[0024]); and
a second interconnecting part (03) bonded (via glue joint 04) to the back side of the photovoltaic panel (02) (fig. 1; par. [0020]);
wherein the fastener (03, 06) is configured to slidably (via insertion and engagement) fasten the photovoltaic panel (02) on the roof by sliding one (03) of the first and second interconnecting parts (03, 06) in the other (06) of the first the second interconnecting parts (03, 06) (fig. 1; par. 0021).
Schwarze et al. does not disclose the roof comprising a roof panel comprising first and second ribs and a central portion between the first and second ribs, the first and second ribs protruding upwardly with respect to the central portion, each of the first and second ribs having an apex, the central portion having an upper surface, wherein the back side of the photovoltaic panel is located below the apex of the first and second ribs.
However, Mimura et al. discloses a solar roof structure comprising a roof panel (103) comprising first and second ribs (B) and a central portion (A) between the first and second ribs (B), the first and second ribs (B) protruding upwardly with respect to the central portion (A), each of the first and second ribs (B) having an apex, the central portion (A) having an upper surface, wherein the back side of a photovoltaic panel (solar battery panel) is located below the apex of the first and second ribs (B) (fig. 1; abstract).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the solar roof structure of Schwarze et al. to have the roof comprise a roof panel comprising first and second ribs and a central portion between the first and second ribs, the first and second ribs protruding upwardly with respect to the central portion, each of the first and second ribs having an apex, the central portion having an upper surface, wherein the back side of the photovoltaic panel is located below the apex of the first and second ribs such as taught by Mimura et al.
in order to provide a durable and low maintenance roof with a desired aesthetic. Schwarze et al. as modified by Mimura et al. would result in the first interconnecting part bonded to the upper surface of the central portion of the roof panel.
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Fig 1: Mimura et al. (US 6,182,403 B1)
With regard to claim 2: Schwarze et al. discloses that the fastener (03, 06) comprises an additional interconnecting part (24) being bonded to the upper surface of the roof (05), wherein the fastener (03, 06) is configured to slidably fasten the photovoltaic panel (02) on the roof by sliding the additional interconnecting part (24) in the first interconnecting part (06) (fig. 1). Schwarze et al. as modified by Mimura et al. would result in the additional interconnecting part bonded to the upper surface of the central portion of the roof panel.
With regard to claim 3: Schwarze et al. discloses that one of the first interconnecting part (06) or the second interconnecting part (03) comprises a profile, the profile having a longitudinal axis, the longitudinal axis of the profile being parallel or perpendicular to a longitudinal axis of the photovoltaic panel (02) (fig. 1).
With regard to claim 4: Schwarze et al. discloses that one of the first interconnecting part (06) or the second interconnecting part (03) comprises a tongue (M), the other of the first interconnecting part (06) or the second interconnecting part (03) comprising a space, an aperture or a recess for receiving the tongue (M), the tongue (M) being configured to slide into the space, the aperture or the recess of the other of the first interconnecting part (06) or the second interconnecting part (03) thereby fastening the photovoltaic panel on the roof (fig. 1). Schwarze et al. as modified by Mimura et al. discloses the roof comprises the roof panel.
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Fig. 1: Schwarze et al. (US 2010/0282290 A1)
With regard to claim 5: The fastener (03, 06) of Schwarze et al. is a floating fastener thereby allowing for relative movement between the fastened wall or roof panel and the photovoltaic panel.
With regard to claim 6: Schwarze et al. as modified by Mimura et al. discloses that the solar cell roof structure comprises a plurality of the fasteners, each having the first interconnecting part bonded to the upper surface of the central portion of the roof panel and the second interconnecting part bonded to the back side of the photovoltaic panel.
With regard to claim 7: the second interconnecting part (03) of Schwarze et al. is bonded by an adhesive (04) (fig. 1; par. [0020]).
With regard to claim 8: Schwarze et al. discloses that the second interconnecting part (03) comprises:
a first portion (horizontal portion) bonded (via 04) to the back side of the photovoltaic panel (02) (fig. 1);
a second portion (vertical portion) in direct contact with the other of the first interconnecting part (06) (fig. 1).
With regard to claim 9: Schwarze et al. discloses an angle (exterior angle) between the first portion (horizontal portion bonded via 04) and the second portion (vertical portion) is convex (fig. 1).
With regard to claim 10: Schwarze et al. discloses an angle (interior angle) between the first portion (horizontal portion bonded via 04) and the second portion (vertical portion) is concave (fig. 1).
With regard to claim 11: Schwarze et al. as modified by Mimura et al. discloses a locking arrangement comprising: the first interlocking part bonded to the upper surface of the central portion of the roof panel; and the second interlocking part bonded to the back side of the photovoltaic panel, the second interlocking part being mounted to the first interlocking part; wherein the mounting of the second interlocking part to the first interlocking part locks the photovoltaic panel on the roof panel by sterically precluding unfastening of the fastener.
With regard to claim 12: As best understood, the second interlocking part of Schwarze et al. is capable of being mounted to the first interlocking part by at least one of one or more rivets and bolts.
With regard to claim 13: Schwarze et al. discloses that the solar cell roof structure further comprises a gap between the photovoltaic panel (02) and the roof (05) (fig. 1; par. [0013]). Schwarze et al. as modified by Mimura et al. discloses the roof comprises the roof panel.
With regard to claim 14: Schwarze et al. discloses at least one of the first interconnecting part (06) and second interconnecting part (03) comprises a resilient material (capable of bearing load) for contacting at least one of the other of the first interconnecting part (06) and second interconnecting part (03) and the back side of the photovoltaic panel (02) (figs. 1-2; col. 13, lines 3-5).
With regard to claim 15: Mimura et al. discloses at least one of the first and second ribs (B) comprises a lip (clip 104) on a side opposite to the central portion for fixing the solar cell roof structure to a roof support (fig. 2).
With regard to claim 16: Mimura et al. discloses that the first and second ribs (B) are complementary, the first rib being configured to snap (via cap 107) to a second rib of an adjacent roof panel.
With regard to claim 17: Schwarze et al. discloses a method for producing a solar cell roof structure (fig. 1; par. [0013]), comprising:
providing a roof (substrate 05) having an upper (outwardly facing) surface (fig. 1; par. [0013]);
providing a photovoltaic panel (solar module 02) having a back (bottom) side (fig. 1; par. [0020]);
bonding (via fixing rail 24 and screw connection) a first interconnecting part (06) to the upper surface the roof (substrate 05) and bonding (via glue joint 04) a second interconnecting part to the back side of the photovoltaic panel (02) so as to provide a fastener (fig. 1; par. [0020] and [0023]-[0024]);
fastening the photovoltaic panel (02) on the roof by sliding (via interlocking) one of the first and second interconnecting parts (06 or 03) in the other of the first the second interconnecting parts (06 or 03), the fastener thereby fastening the photovoltaic panel (02) on the roof (05) (fig. 1; par. [0020] and [0023]-[0024]).
Schwarze et al. does not disclose the roof comprising a roof panel comprising first and second ribs and a central portion between the first and second ribs, the first and second ribs protruding upwardly with respect to the central portion, each of the first and second ribs having an apex, the central portion having an upper surface, wherein the back side of the photovoltaic panel is located below the apex of the first and second ribs.
However, Mimura et al. discloses a solar roof structure comprising a roof panel (103) comprising first and second ribs (B) and a central portion (A) between the first and second ribs (B), the first and second ribs (B) protruding upwardly with respect to the central portion (A), each of the first and second ribs (B) having an apex, the central portion (A) having an upper surface, wherein the back side of a photovoltaic panel (solar battery panel) is located below the apex of the first and second ribs (B) (fig. 1; abstract).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method for producing the solar roof structure of Schwarze et al. to have the roof comprise a roof panel comprising first and second ribs and a central portion between the first and second ribs, the first and second ribs protruding upwardly with respect to the central portion, each of the first and second ribs having an apex, the central portion having an upper surface, wherein the back side of the photovoltaic panel is located below the apex of the first and second ribs such as taught by Mimura et al. in order to provide a durable and low maintenance roof with a desired aesthetic. Schwarze et al. as modified by Mimura et al. would result in the first interconnecting part bonded to the upper surface of the central portion of the roof panel.
With regard to claim 18: Schwarze et al. discloses a method for installing a solar cell roof, comprising:
providing a solar cell roof structure (fig. 1; par. [0013], [0020], and [0022]-[0024]); and
the solar cell roof structure (fig. 1) comprising:
a photovoltaic panel (02) having a back side (fig. 1; par. [0020]); and
a fastener (03, 06) (fig. 1) comprising:
a first interconnecting part (06) bonded (via fixing rail 24 and screw connection) to the upper surface of the roof (fig. 1; par. [0023]-[0024]); and
a second interconnecting part (03) bonded (via glue joint 04) to the back side of the photovoltaic panel (02) (fig. 1; par. [0020]);
wherein the fastener (03, 06) is configured to slidably (via insertion and engagement) fasten the photovoltaic panel (02) on the roof by sliding one (03) of the first and second interconnecting parts (03, 06) in the other (06) of the first the second interconnecting parts (03, 06) (fig. 1; par. 0021).
Schwarze et al. does not disclose the roof comprising a roof panel comprising first and second ribs and a central portion between the first and second ribs, the first and second ribs protruding upwardly with respect to the central portion, each of the first and second ribs having an apex, the central portion having an upper surface, wherein the back side of the photovoltaic panel is located below the apex of the first and second ribs. Schwarze et al. further does not disclose at least one of the first and second ribs comprises a lip on a side opposite to the central portion for fixing the solar cell roof structure to the roof support; and mounting the lip on a roof support so as to provide solar cell roof.
However, Mimura et al. discloses a solar roof structure comprising a roof panel (103) comprising first and second ribs (B) and a central portion (A) between the first and second ribs (B), the first and second ribs (B) protruding upwardly with respect to the central portion (A), each of the first and second ribs (B) having an apex, the central portion (A) having an upper surface, wherein the back side of a photovoltaic panel (solar battery panel) is located below the apex of the first and second ribs (B) (fig. 1; abstract). Mimura et al. further discloses at least one of the first and second ribs (B) comprises a lip (104) on a side opposite to the central portion (A) for fixing the solar cell roof structure to the roof support; and mounting the lip (104) on a roof support so as to provide solar cell roof (fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the solar roof structure of Schwarze et al. to have the roof comprise a roof panel comprising first and second ribs and a central portion between the first and second ribs, the first and second ribs protruding upwardly with respect to the central portion, each of the first and second ribs having an apex, the central portion having an upper surface, wherein the back side of the photovoltaic panel is located below the apex of the first and second ribs, at least one of the first and second ribs comprising a lip on a side opposite to the central portion for fixing the solar cell roof structure to the roof support; and mounting the lip on a roof support so as to provide solar cell roof such as taught by Mimura et al. in order to provide a durable and low maintenance roof with a desired aesthetic. Schwarze et al. as modified by Mimura et al. would result in the first interconnecting part bonded to the upper surface of the central portion of the roof panel.
With regard to claim 19: Mimura et al. as modified by Mimura et al. discloses that the first and second ribs of the provided solar cell roof structure being complementary, the first rib being configured to snap a second rib of another solar roof structure (via cap 107 of Mimura et al.), providing a second solar cell roof structure according to claim 16, snapping (via cap 101 of Mimura et al.) the first rib of the second solar cell wall or roof structure on the second rib of the provided solar cell wall or roof structure, thereby locking the provided solar cell wall or roof structure to the second solar cell wall or roof structure (see fig. 2 of Mimura et al.).
With regard to claim 20: Mimura et al. as modified by Mimura et al. would result in the lip of the second solar cell roof structure being covered (the ribs of the solar cell structure placed in front) by the solar cell roof structure.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art cited are directed to solar cell roof structures.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSIE T FONSECA whose telephone number is (571)272-7195. The examiner can normally be reached 7:00am - 3:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Glessner can be reached at (571)272-6754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JESSIE T FONSECA/Primary Examiner, Art Unit 3633