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 Objections
Claim 1 is objected to because of the following informalities:
The second to the last line in claim 1 is suggested to be amended to “the protruding thorn or the flange is configured for fixing a toothed corner connector” for clarity of language.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 3, 4, 6-10 and 13 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the invention commensurate in scope with these claims.
Wands Analysis: [Note MPEP 2164.01(a)]
(A) Breadth of claims:
The claims are directed to a composite material frame profile comprising fiber fabrics distributed inside the profile body and on the outer surfaces of the side wall sections, where the fiber fabric is a glass fiber mat or a piece of glass fiber cloth.
(B) The nature of the invention:
The invention is a frame for a solar energy module comprising a toothed corner connector and a plurality of bumps or bosses on the inner surface of the side wall of the frame.
(C) The state of the prior art:
Given the state of the prior art, the claimed product of a composite material frame profile comprising fiber fabrics distributed inside the profile body and separately on the outer surfaces of the side wall sections of the profile body, wherein the fiber fabric is a glass fiber mat or a piece of glass fiber cloth requires a more detailed disclosure by the applicant in order to enable one skilled in the art to produce the claimed composite material frame profile.
(D) The level of one of ordinary skill:
One of ordinary skill in this art is considered to be someone skilled in the methods of photovoltaic design and processes, and is familiar with parameters that affect the formation and performance of such devices.
(E) The level of predictability in the art:
The level of predictability in the art is considered to be low, inasmuch as there are numerous variables known to affect the manufacturing of photovoltaic devices.
(F) The amount of direction provided by the inventor:
The inventor does not provide adequate direction as to how to make the composite material frame profile wherein the fabric fiber [sic] is distributed on a surface of the first wall section and a surface of the second wall section of the mounting edge as well as the outer surfaces of the inner and outer side wall sections and the inner surface of the inner side wall section.
The instant specification has only disclosed on page 7 that a piece of fiber fabric can reinforce the mounting edge 2 and the wall of the plug-in cavity and that the fiber fabric is a glass fiber mat or a piece of glass fiber cloth. Page 7 also discloses in step S1 that the fiber fabric 6 is on the side wall 12 of the plug-in cavity 11. Page 3 of the instant specification discloses “the fiber fabric coated on the inner surface of the side wall of the plug-in cavity extends to the inside of the mounting edge and is distributed along the length direction thereof”. While the instant specification shows in Figure 1 numerous locations for the fiber fabric 6, it is unclear how exactly is the fiber fabric that is made of a thick glass fiber mat or a piece of glass fiber cloth as stated can be coated on the inner surface or outer surface of a frame much less within the thickness of the material as shown and claimed in claim 13 (“the fabric fiber is distributed on a surface of the first wall section and a surface of the second wall section”). No guidance was provided by the applicant to show how this fiber fabric is to be applied to the frame and how it would be within the thickness or in the middle of the mounting edge as shown and claimed.
(G) The existence of working examples:
The working examples in the instant specification are only mentioned in Figure 1 and as described on pages 6 and 7. However, nowhere does the instant specification provide details as to how the fiber fabric is to be incorporated or formed on the frame profile in order to be in the locations as described.
(H) The quantity of experimentation needed to make or use the invention based on the content of the disclosure:
The applicant has not enabled one of ordinary skill in the art at the time of the invention to produce and use the invention. Therefore, an undue level of experimentation would be required for one of ordinary skill in the art at the time of the invention to produce the specifics of the claimed invention to the composite material frame profile as set forth in the claims.
In light of the above considerations, the applicant has not enabled one of ordinary skill in the art to make and/or use the claimed invention commensurate with the scope of the claims. Specifically, there is no guidance or teaching how to make the composite material frame profile comprising fiber fabrics as claimed, as set forth above.
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 1, 3, 4, 6-10 and 13 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.
Claim 1 recites the limitation “the toothed corner connector” in the last line. There is insufficient antecedent basis for this limitation in the claim because no toothed corner connector has been recited in the claim.
Claim 7 recites the limitation “the fiber fabric is distributed on a surface of the mounting edge”. It is unclear which of the fiber fabrics recited in claim 1 is being referenced by “the fiber fabric” in claim 7. Clarification is requested.
Claim 8 recites the limitation “the fiber fabric distributed on at least the portion of the outer surface of at the outer sidewall side wall section and/or at least the portion of the outer surface of the inner side wall is connected to the fiber fabric distributed on the surface of the mounting edge”. There is insufficient antecedent basis for the limitations “the outer surface of at the outer sidewall side wall section” and “the inner side wall”. Appropriate correction is requested.
Claim 9 recites the limitation “the fiber fabric distributed on the inner side of the inner side wall section extends to a middle part of at least the portion of the outer surface of at the outer sidewall side wall section and/or at least the portion of the outer surface of the inner side wall and the fiber fabric distributed on the surface of the mounting edge”. There is insufficient antecedent basis for the limitations “the fiber fabric distributed on the inner side of the inner side wall section”, “inner side of the inner side wall section”, “at the outer sidewall side wall section”, and “the inner side wall”. Additionally, it is unclear how the fiber fabric distributed on the inner side of the inner side wall section extends to a middle part of at least the portion of the outer surface of at the outer sidewall side wall section as recited. Looking at Figure 1, it can be seen that the outer surface of the outer sidewall section does not intersect with the inner side of the inner side wall section. Clarification is requested.
Claim 13 recites the limitation “the fabric fiber” in line 4. It is unclear which of the fiber fabrics recited in claims 1 or 7 is being referenced by “the fabric fiber” in claim 13. Clarification is requested.
Additionally, claim 13 recites the limitation “the fabric fiber is distributed on a surface of the first wall section and a surface of the second wall section” when claim 7 from which claim 13 depends upon recites “the fiber fabric is distributed on a surface of the mounting edge”, such that it is unclear if “a surface of the first wall section and a surface of the second wall section” is the same or different surface previously recited. Clarification is requested.
Response to Arguments
Applicant's arguments filed 9/26/25 have been fully considered but they are not persuasive.
Applicant argues with respect to the 35 USC 112 (a) lack of enablement rejection, the frame profile is a composite material made from fabric, fibers, and resin prepared using the pultrusion process in which glass fiber and other fabrics are distributed in a three-dimensional manner within a mold. After being impregnated with resin and then cured, the fabric can be manually distributed to the desired locations. The resin acts as an adhesive, and after curing, the fabric remains fixed in the designated locations.
However, as shown by Bedford Reinforced Plastics’ guide on the Pultrusion Process, the rolls of filament or fabric work are introduced as the base material of the pultrusion in which they are impregnated with resin in order to cure into the finished product of a fiberglass reinforced polymer, which is completely different from what Applicant is describing in the claims, Figures, and disclosure. As stated repeatedly, the instant application recites a structure in which a fiber fabric is placed on particular surfaces of the composite material frame profile including within the composite material frame profile in the mounting edge as shown in Figure 1 without providing any guidance as to how one of ordinary skill in the art is to achieve this structure. Applicant asserts the fabric can be manually distributed to the desired locations, but Bedford Reinforced Plastics along with many other sources do not state the fabric material to be particularly manually distributed to desired locations in the pultrusion process.
Unicomposite provides another overview of the pultrusion process, where it states the “pultrusion process is a continuous method for producing strong, lightweight fiberglass composite profiles with a constant cross section. Glass fibers are pulled through a resin bath and heated die, where they are cured into pultruded FRP profiles with a smooth surface, accurate dimensions and high mechanical performance,” which contradicts what Applicant asserts as the final product of the claimed composite material frame profile that is made through a protrusion process known by one of ordinary skill in the art. Nowhere does the instant specification provide any guidance as to how exactly fiber fabric is to be placed on the outer surfaces and inner surface of the composite material frame profile as shown and claimed. It is noted that examples shown by Unicomposite all show a uniform distribution of material and no visible fabric mat is detected on the outside surfaces of the material even though the process clearly shows the inclusion of fiberglass and mat.
Applicant refers to multiple of their own prior patent applications, but they merely describe production equipment to form composite material through the use of pultrusion and is irrelevant to the issue at hand, which is how the fiber fabric is placed on particular surfaces of the composite material frame profile and on the outer surfaces of the composite material frame profile, in which none of the sources describing pultrusion processes have mentioned.
One of ordinary skill in the art would appreciate that a composite material comprising polymer as a matrix and fiber fabric means the fiber is impregnated by the polymer, which is also stated by Applicant, such that the fiber fabric would not be on the surface of the frame material without further guidance as to how thick the frame material is or what kind of molds are being used or specific manufacturing steps one is to take in order to make the claimed invention especially the one in which fiber fabric is located within the mounting edge and extends to the inner surface of the side wall as shown in Figure 1. For example, Buller et al. (US 2009/0114268) discloses a frame material for solar panels being made of fiber reinforced plastic in the form of mats or fabrics 75 as shown in Figures 2C-2G as described in paragraph [0037]. Buller further discloses reinforcement fibers 75 are embedded into the rails ([0039]), which would fit the composite material Applicant stated that is a polymer matrix composite. However, this structure is not the same as the one disclosed or claimed by the application, as set forth above. Applicant has not provided any known methods by anyone in which the claimed product can be made.
Finally, Huang et al. (CN 113949339; see English machine translation) shows a pultrusion profile for a solar panel frame in Figure 4, where it clearly shows a reinforcing layer made of glass fibre cloth (19) to be distributed within the frame material along with glass fibre (18) and base resin (20), where the glass fibre cloth is not distributed on the outer or inner surfaces of the frame through the pultrusion process.
Jiang et al. (CN 211959145; see English machine translation) discloses a composite solar frame profile comprising an outer coating layer (6) and an inner coating layer (7) comprising woven cloth (abstract), but the woven cloth is not on the inner surface of the cavity nor within the composite material in the middle of the composite material.
Therefore, it is unclear how Applicant is able to achieve the claimed structure without providing any guidance.
Applicant argues that the 35 USC 112 (b) rejections have been addressed by the amendments. However, numerous 35 USC 112 (b) issues remain or have been introduced. See above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/CHRISTINA CHERN/Primary Examiner, Art Unit 1722