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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on May 4th, 2026 has been entered.
Response to Amendment
The amendment filed May 4th, 2026 does not place the application in condition for allowance.
The 112(b) rejection of claim 14 is withdrawn due to Applicant’s amendment.
The rejections over Balasubramanian et al. in view of Lin et al. are maintained.
New rejections follow.
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 1-20, and 41-43 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 written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding Claim 1, Applicant recites, “a plurality of discrete material portions”, and “a plurality of material portions”. Applicant has not disclosed in the instant specification an embodiment where there are two separate types of material portions including a plurality of discrete material portions and a plurality of material apportions. Accordingly, the claim contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Appropriate action is required.
Regarding Claim 1, Applicant recites, “the visible layer being…substantially uniform in thickness and composition across both the plurality of discrete material portions and the light transmissive regions therebetween”. Applicant has not disclosed in the specification a teaching that the visible layer is explicitly uniform in thickness. Accordingly, the claim contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Appropriate action is required.
Regarding Claim 1, Applicant recites, “the visible layer not being configured to substantially modulate transmission of light to the at least one solar cell”. Applicant discloses that the visible layer is formed without using black color, as this has the most detrimental impact on the transmissivity of visible light (Instant Specification – Page 4, Lines 15-33), and that the printed color on glass (visible layer) has an average transmissivity of 90% (Page 14, Lines 29-34 & Page 15, Lines 1-6) but has not explicitly disclosed in the specification a teaching that the visible layer that includes an image, a patten or a colour that is not substantially modulating the transmission of light to the at least one solar cell. Accordingly, the claim contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Appropriate action 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 1-20, and 41-43 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.
Regarding Claim 1, Applicant recites, “a plurality of discrete material portions”, and “a plurality of material portions”. Its unclear if the discrete material portions correspond to the material portions or are different elements. Appropriate action is required.
Claim Rejections - 35 USC § 103
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.
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.
Claims 1-11, and 13-20 are rejected under 35 U.S.C. 103 as being unpatentable over Balasubramanian et al. (US 2017/0085216 A1) in view of Lin et al. (US 2011/0114178 A1)
In view of Claim 1, as best understood by the Examiner, Balasubramanian et al. teaches a photovoltaic module (Figs. 2A & 12 - abstract), the module comprising: at least one solar cell having black or dark surface portions (Figure 12, #1208 & Paragraph 0003 – panels generally black); a material layer configured to provide for a selectable light-transmission gradient by structurally modulating transmission of light therethrough (Figure 1, #122 & Paragraph 0046-0047 – each region may be the same or different and have varying levels of opacity/transparency) the material layer is positioned over the black or dark surface portions of the at least one solar cell (Fig.12, #1203 & Paragraph 0082), wherein the material layer comprises a plurality of discrete material portions (Fig. 1A, #120) separated by light transmissive regions (Fig. 1A, #110 – Paragraph 0048-0049) the material layer having material portions with variable thickness, composition and/or coverage (Figure 8A-D, the “white” portions & Paragraph 0059) being lighter in colour or appearance than the black or dark surface portions of the at least one solar cell, the material portions having a transmissivity for visible light dependent on the composition and/or thickness of each material portion, the material layer being at least largely transmissive for light at areas between the material portions (Figure 1D, #122 & Paragraph 0063); and
a visible layer positioned over the material layer and including a continuous layer covering the plurality of material portions (Fig. 1D, #105), that is configured to provide for optical or aesthetic continuity while receiving structurally-modulated light transmitted via the material layer (Fig. 1D, #105 & Fig. 9, #904 – Paragraph 0072 – the light passes from the material layer in the form of dots that are semi-transparent – Paragraph 0046-0047), wherein the thickness, composition and/or lateral coverage of the material portions of the material layer are dependent on a required contract and/or a darkness, brightness or colour of features of the photovoltaic module (Figure 1D, #124 & Paragraph 0064-0070), and wherein the thickness and composition of the material portions vary across the module (Figure 8A-D & Paragraph 0059) and the visible layer is configured to provide for optical or aesthetic continuity while receiving structurally modulated light transmitted via the material layer (Fig. 1C, #105 - Paragraph 0046-0047 & 0059).
Balasubramanian et al. does not disclose the visible layer includes at least one of an image, a pattern or a color.
Lin et al. discloses a visible layer that is contiguous (Figs. 1-3, #410) that covers a material layer (Fig. 1-3, #42), wherein the visible layer that is contiguous may have a single color that is used to mask the original color of a photovoltaic member (Paragraph 0018). Lin et al. teaches that the visible layer is substantially continuous and substantially uniform in thickness and composition across both a plurality of discrete material portions (Fig. 1-3, #410 cover #420), the visible layer having only a single color (Paragraph 0018). In regards to the limitation that, “the visible layer not being configured to substantially modulate transmission of light to the at least one solar cell”, Lin et al. discloses the same structure as Applicant has recited, that being a visible layer that includes a colour. Thus, as evidenced by Applicant’s specification, Lin et al. visible layer is not substantially modulating transmission of light to the at least one solar cell. Lin et al. material layer is formed on top of the visible layer that is contiguous and used to exhibit a vivid and color image or picture, thus being analogous with the photovoltaic module as disclosed by Balasubramanian, except Lin et al. visible layer is formed to depict a color to advantageously mask the original color of the photovoltaic member (Paragraph 0018). Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have the visible layer comprise a color as disclosed by Lin et al. in Balasubramanian et al. visible layer to advantageously mask the original color of the photovoltaic member.
In view of Claim 2, Balasubramanian et al. and Lin et al. are relied upon for the reasons given above in addressing Claim 1. Balasubramanian et al. teaches that the material layer comprises a plurality of islands provided in a form of dots (Figure 1A/1D, #122 & Paragraph 0046).
In view of Claim 3, Balasubramanian et al. and Lin et al. are relied upon for the reasons given above in addressing Claim 2. Balasubramanian et al. teaches that the dots can each have a local thickness dependent on contrast, and darkness/brightness of features of the visible layer where the dot is located on the photovoltaic module (Figure 8A-D & Paragraph 0033, 0059).
In view of Claim 4, Balasubramanian et al. and Lin et al. are relied upon for the reasons given above in addressing Claim 2. Balasubramanian et al. teaches that at least some of the dots have a transmissivity for visible light (Paragraph 0059-0060).
In view of Claim 6, Balasubramanian et al. and Lin et al. are relied upon for the reasons given above in addressing Claim 2. Balasubramanian et al. teaches that the dots have a composition dependent on required/predetermined contrast and/or darkness or brightness of features of the photovoltaic module (Paragraph 0018 & 059-0060).
In view of Claim 7, Balasubramanian et al. and Lin et al. are relied upon for the reasons given above in addressing Claim 6. Balasubramanian et al. teaches that the dots have a transmissivity dependent on the compositive of the dots (Paragraph 0049 & 0076).
In view of Claim 8, Balasubramanian et al. and Lin et al. are relied upon for the reasons given above in addressing Claim 6. Balasubramanian et al. teaches that the dots comprise a first ink that (Paragraph 0018) may be opaque or not transparent (Paragraph 0065) and the dots comprise a second ink that may be a varnish (Paragraph 0066).
In view of Claim 9, Balasubramanian et al. and Lin et al. are relied upon for the reasons given above in addressing Claim 8. Balasubramanian et al. teaches that the dots can have a composition of 100% varnish have a local transmissivity that can vary from 0-50% (Paragraph 0060).
In view of Claim 10, Balasubramanian et al. and Lin et al. are relied upon for the reasons given above in addressing Claim 2. Balasubramanian et al. teaches the dots are formed using a digital printing process (Paragraph 0064).
In view of Claim 13, Balasubramanian et al. and Lin et al. are relied upon for the reasons given above in addressing Claim 2. Balasubramanian et al. teaches a diameter of the dots of the material layer and distance between the dots determines a coverage of the material layer selected based on contrast or darkness of brightness of the photovoltaic module (Paragraph 0053-0063).
In view of Claim 14, Balasubramanian et al. and Lin et al. are relied upon for the reasons given above in addressing Claim 2. Balasubramanian et al. teaches that the dots have a diameter ranged from 20 microns, 40 microns, 60 microns, 80 microns (Paragraph 0052).
In view of Claim 15, Balasubramanian et al. and Lin et al. are relied upon for the reasons given above in addressing Claim 2. Balasubramanian et al. teaches that the thickness and composition of the dots of the material layer and properties of the image of the visible layer are selected such that at least the majority or all areas of the visible layer and the material layer have a transmissivity for visible light greater than zero (Figure 8 - Paragraph 0033, 0049).
In view of Claim 16, Balasubramanian et al. and Lin et al. are relied upon for the reasons given above in addressing Claim 2. Balasubramanian et al. teaches that the thickness of the dots may be reduced to at least half of their size (Paragraph 0059) and the dots can block transmission of visible light by more than 90% (Paragraph 0060).
In view of Claim 17, Balasubramanian et al. and Lin et al. are relied upon for the reasons given above in addressing Claim 2. Balasubramanian et al. teaches that the isolated regions may be made from 100% ink (Paragraph 0064).
In view of Claim 18, Balasubramanian et al. and Lin et al. are relied upon for the reasons given above in addressing Claim 11. Balasubramanian et al. teaches the at least one solar cell is a cadmium telluride based solar cell (Paragraph 0085 – cadmium telluride).
In view of Claim 19, Balasubramanian et al. and Lin et al. are relied upon for the reasons given above in addressing Claim 1. Balasubramanian et al. teaches the visible layer the first visible layer is positioned over a first major surface of the at least one solar cell (Figure 12, #1203), and a second visible layer that includes a colour, and wherein the second visible layer is positioned over a second major surface of the at least one solar cell and which is opposite the first major surface such that the first and second visible layers are visible at opposite sides of the at least one solar cell (Figure 12, #1210 & Paragraph 0082 – a protective back cover has a colour).
In view of Claim 20, Balasubramanian et al. and Lin et al. are relied upon for the reasons given above in addressing Claim 2. Balasubramanian et al. does not explicitly disclose a layer of clear varnish or transparent ink is positioned over the material layer to substantially equalize height differences of the dots and substantially fill gaps between adjacent dots.
Lin et al. discloses a transparent varnish is positioned over a material layer to substantially equalize height differences of dots and substantially fill gaps between adjacent dots (Figure 1-2, #510 fills the gaps between dots of material layer #420 – Paragraph 0019) as well as being directed towards a photovoltaic module that exhibit a colorful picture or pattern (Paragraph 0008). Lin et al. teaches that this configuration may also prevent the photovoltaic member from oxidation or erosion (Paragraph 0028). Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to incorporate a layer of transparent varnish positioned over a material layer to substantially equalize height differences of dots and substantially fill gaps between adjacent dots as disclosed by Lin et al. in Balasubramanian et al. material layer for the advantages of preventing the photovoltaic member from oxidation or erosion.
In view of Claim 41, Balasubramanian et al. and Lin et al. are relied upon for the reasons given above in addressing Claim 14. Balasubramanian et al. discloses that at least one of the gaps between adjacent dots can have an extension approximately of 30 microns (Paragraph 0052-0053).
In view of Claim 42, Balasubramanian et al. and Lin et al. are relied upon for the reasons given above in addressing Claim 16. Balasubramanian et al. teaches that the thickness of the dots may be reduced to 30% or less (Paragraph 0059 – when in a 5:1 ratio) and the dots can block transmission of visible light by more than 90% (Paragraph 0060).
In view of Claim 43, Balasubramanian et al. and Lin et al. are relied upon for the reasons given above in addressing Claim 17. Balasubramanian et al. teaches that the isolated regions may be made from 100% ink (Paragraph 0064).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Balasubramanian et al. (US 2017/0085216 A1) in view of Lin et al. (US 2011/0114178 A1) in view of Alameh (WO 2019/200425 A1).
In view of Claim 5, Balasubramanian et al. and Lin et al. are relied upon for the reasons given above in addressing Claim 2. Balasubramanian et al. does disclose that the majority of the dots are largely invisible to the naked eye by being at least 95% transparent (Paragraph 0007), but does not disclose that the thickness of the dots is within the range of 0-5 microns.
Alameh discloses that the majority of dots have a thickness of 0.5-20 microns (Page 7, Lines 10-11). Alameh discloses that the instant invention solves problems in the prior art of printing thin layers of inks of different colors directly onto a dark solar panel typically yields dark images of very low contrast making this direct printing approach impractical (Page 2, Lines 1-3). Accordingly, it would have been obvious to adopt the printing configuration of Alameh in making the dots of Balasubramanian et al. photovoltaic module such that the majority of the dots have a thickness of 0.5-20 microns for the advantages of printing a higher contrast image over a dark solar panel.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Balasubramanian et al. (US 2017/0085216 A1) in view of Lin et al. (US 2011/0114178 A1) in view of Kim et al. (US 2022/0246777 A1).
In view of Claim 19, Balasubramanian et al. and Lin et al. are relied upon for the reasons given above in addressing Claim 1. While modified Balasubramanian et al. discloses that the visible layer is a first visible layer positioned over a first major surface of the at least one solar cell, its not disclosed an additional second visible layer including one of: a colour, an image and a pattern, and wherein the second visible layer is positioned over a second major surface of the at least one solar cell which is opposite the first major surface such that the first and second visible layers are visible at opposite sides of the at least one solar cell.
Kim et al. discloses first and second visible layers that are disposed over the front and rear major surfaces of at least one solar cell (Fig. 3 & Paragraph 0042 – cover members are present on opposite sides of the module that have a color/image/pattern). Kim et al. discloses that the aesthetics of a solar cell panel when incorporated with a building can be improved (Paragraph 0040). Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have a second visible layer including a color, image or pattern on an opposite side of Balasubramanian et al. first visible layer for the advantage of improving the aesthetics of the solar cell panel if incorporated into a building.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Balasubramanian et al. (US 2017/0085216 A1) in view of Lin et al. (US 2011/0114178 A1) in view of Kim (KR 202110147213 A). Kim is mapped to the English machine translation provided by the EPO.
In view of Claim 19, Balasubramanian et al. and Lin et al. are relied upon for the reasons given above in addressing Claim 1. While modified Balasubramanian et al. discloses that the visible layer is a first visible layer positioned over a first major surface of the at least one solar cell, its not disclosed an additional second visible layer including one of: a colour, an image and a pattern, and wherein the second visible layer is positioned over a second major surface of the at least one solar cell which is opposite the first major surface such that the first and second visible layers are visible at opposite sides of the at least one solar cell.
Kim discloses first and second visible layers that are disposed over the front and rear major surfaces of at least one solar cell (Fig. 3, #60 and #70) that can both display a color image or pattern that are visible at opposite sides of at least one solar cell (Fig. 3, #10 – Page 2, 4th Paragraph). Kim discloses having additional design elements present on a rear surface of a solar cell can strengthen its design elements (Page 1, Last Paragraph) and that the designs can take the form of screen-printing using ink patterns (Page 3, 1st-2nd Paragraph), while also giving aesthetics to the panel (Page 4, 3rd Paragraph). Accordingly, it would have been obvious to incorporate the visible layer is a first visible layer positioned over a first major surface of the at least one solar cell, its not disclosed an additional second visible layer including one of: a colour, an image and a pattern, and wherein the second visible layer is positioned over a second major surface of the at least one solar cell which is opposite the first major surface such that the first and second visible layers are visible at opposite sides of the at least one solar cell in Balasubramanian et al. photovoltaic module for the advantage of strengthening the design elements while also giving additional aesthetics to the panel.
Claims 1-4, 6-19, and 41-43 are rejected under 35 U.S.C. 103 as being unpatentable over Balasubramanian et al. (US 2017/0085216 A1) in view of Kim et al. (US 2022/0246777 A1).
In view of Claim 1, Balasubramanian et al. teaches a photovoltaic module (Figs. 2A & 12 - abstract), the module comprising: at least one solar cell having black or dark surface portions (Figure 12, #1208 & Paragraph 0003 – panels generally black); a material layer configured to provide for a selectable light-transmission gradient by structurally modulating transmission of light therethrough (Figure 1, #122 & Paragraph 0046-0047 – each region may be the same or different and have varying levels of opacity/transparency) the material layer is positioned over the black or dark surface portions of the at least one solar cell (Fig.12, #1203 & Paragraph 0082), the material layer having material portions with variable thickness, composition and/or coverage (Figure 8A-D, the “white” portions & Paragraph 0059) being lighter in colour or appearance than the black or dark surface portions of the at least one solar cell, the material portions having a transmissivity for visible light dependent on the composition and/or thickness of each material portion, the material layer being at least largely transmissive for light at areas between the material portions (Figure 1D, #122 & Paragraph 0063); and wherein the thickness, composition and/or lateral coverage of the material portions of the material layer are dependent on a required contract and/or a darkness, brightness or colour of features of the photovoltaic module (Figure 1D, #124 & Paragraph 0064-0070), and wherein the thickness and composition of the material portions vary across the module (Figure 8A-D & Paragraph 0059)
Balasubramanian et al. does not disclose a visible layer positioned over the material layer and including a continuous layer covering the plurality of material portions, that is configured to provide for optical or aesthetic continuity while receiving structurally-modulated light transmitted via the material layer such that the visible layer includes at least one of an image, a pattern or a color.
Kim et al. discloses a visible layer that is continuous and disposed over the rear surface of at least one solar cell (Fig. 3, #110 & Paragraph 0042 – cover members are present on opposite sides of the module that have a color/image/pattern). Kim et al. discloses that the aesthetics of a solar cell panel when incorporated with a building can be improved (Paragraph 0040). Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have a visible layer including a color, image or pattern on an opposite side of Balasubramanian et al. material layer such that its continuous and covering the plurality of material portions from the opposite side (e.g., a matching layer of Balasubramanian) and configured to provide for optical or aesthetic continuity while receiving structurally-modulated light transmitted via the material layer for the advantage of improving the aesthetics of the solar cell panel if incorporated into a building.
In view of Claim 2, Balasubramanian et al. and Kim et al. are relied upon for the reasons given above in addressing Claim 1. Balasubramanian et al. teaches that the material layer comprises a plurality of islands provided in a form of dots (Figure 1A/1D, #122 & Paragraph 0046).
In view of Claim 3, Balasubramanian et al. and Kim et al. are relied upon for the reasons given above in addressing Claim 2. Balasubramanian et al. teaches that the dots can each have a local thickness dependent on contrast, and darkness/brightness of features of the visible layer where the dot is located on the photovoltaic module (Figure 8A-D & Paragraph 0033, 0059).
In view of Claim 4, Balasubramanian et al. and Kim et al. are relied upon for the reasons given above in addressing Claim 2. Balasubramanian et al. teaches that at least some of the dots have a transmissivity for visible light (Paragraph 0059-0060).
In view of Claim 6, Balasubramanian et al. and Kim et al. are relied upon for the reasons given above in addressing Claim 2. Balasubramanian et al. teaches that the dots have a composition dependent on required/predetermined contrast and/or darkness or brightness of features of the photovoltaic module (Paragraph 0018 & 059-0060).
In view of Claim 7, Balasubramanian et al. and Kim et al. are relied upon for the reasons given above in addressing Claim 6. Balasubramanian et al. teaches that the dots have a transmissivity dependent on the compositive of the dots (Paragraph 0049 & 0076).
In view of Claim 8, Balasubramanian et al. and Kim et al. are relied upon for the reasons given above in addressing Claim 6. Balasubramanian et al. teaches that the dots comprise a first ink that (Paragraph 0018) may be opaque or not transparent (Paragraph 0065) and the dots comprise a second ink that may be a varnish (Paragraph 0066).
In view of Claim 9, Balasubramanian et al. and Kim et al. are relied upon for the reasons given above in addressing Claim 8. Balasubramanian et al. teaches that the dots can have a composition of 100% varnish have a local transmissivity that can vary from 0-50% (Paragraph 0060).
In view of Claim 10, Balasubramanian et al. and Kim et al. are relied upon for the reasons given above in addressing Claim 2. Balasubramanian et al. teaches the dots are formed using a digital printing process (Paragraph 0064).
In view of Claims 11-12, Balasubramanian et al. and Kim et al. are relied upon for the reasons given above in addressing Claim 2. Balasubramanian et al. discloses that an image is printed using the colors of a combination that includes cyan, magenta, or yellow or other color combinations known in the art (Paragraph 0067). In regards to Applicant’s limitation that the image is printed using only cyan, magenta, and yellow, the Examiner respectfully points out to Applicant that modified Balasubramanian et al. disclose that the colors may include a combination of cyan, magenta, or yellow or other combinations known in the art by disclose two or more colors, or three or more colors may be used in combination with one another (Paragraph 0067). In the instant case, one of ordinary skill in the art would recognize that the substituted components and their functions are known in the art, for example, the different combinations are utilized to provide any desired color of an image a user would need. One of ordinary skill in the art would have arrived at these substitutions by utilizing these colors together, for example, three or more colors selected from cyan, magenta or yellow. See MPEP 2143. B.
In view of Claim 13, Balasubramanian et al. and Kim et al. are relied upon for the reasons given above in addressing Claim 2. Balasubramanian et al. teaches a diameter of the dots of the material layer and distance between the dots determines a coverage of the material layer selected based on contrast or darkness of brightness of the photovoltaic module (Paragraph 0053-0063).
In view of Claim 14, Balasubramanian et al. and Kim et al. are relied upon for the reasons given above in addressing Claim 2. Balasubramanian et al. teaches that the dots have a diameter ranged from 20 microns, 40 microns, 60 microns, 80 microns (Paragraph 0052).
In view of Claim 15, Balasubramanian et al. and Kim et al. are relied upon for the reasons given above in addressing Claim 2. Modified Balasubramanian et al. teaches that the thickness and composition of the dots of the material layer and properties of the image of the visible layer are selected such that at least the majority or all areas of the visible layer and the material layer have a transmissivity for visible light greater than zero (Figure 8 - Paragraph 0033, 0049).
In view of Claim 16, Balasubramanian et al. and Kim et al. are relied upon for the reasons given above in addressing Claim 2. Balasubramanian et al. teaches that the thickness of the dots may be reduced to at least half of their size (Paragraph 0059) and the dots can block transmission of visible light by more than 90% (Paragraph 0060).
In view of Claim 17, Balasubramanian et al. and Kim et al. are relied upon for the reasons given above in addressing Claim 2. Balasubramanian et al. teaches that the isolated regions may be made from 100% ink (Paragraph 0064).
In view of Claim 18, Balasubramanian et al. and Kim et al. are relied upon for the reasons given above in addressing Claim 11. Balasubramanian et al. teaches the at least one solar cell is a cadmium telluride based solar cell (Paragraph 0085 – cadmium telluride).
In view of Claim 19, Balasubramanian et al. and Kim et al. re relied upon for the reasons given above in addressing Claim 1. Balasubramanian et al. teaches the visible layer the first visible layer is positioned over a first major surface of the at least one solar cell (Figure 12, #1203), and a second visible layer that includes a colour, and wherein the second visible layer is positioned over a second major surface of the at least one solar cell and which is opposite the first major surface such that the first and second visible layers are visible at opposite sides of the at least one solar cell (Figure 12, #1210 & Paragraph 0082 – a protective back cover has a colour).
In view of Claim 41, Balasubramanian et al. and Kim et al. are relied upon for the reasons given above in addressing Claim 14. Balasubramanian et al. discloses that at least one of the gaps between adjacent dots can have an extension approximately of 30 microns (Paragraph 0052-0053).
In view of Claim 42, Balasubramanian et al. and Kim et al. are relied upon for the reasons given above in addressing Claim 16. Balasubramanian et al. teaches that the thickness of the dots may be reduced to 30% or less (Paragraph 0059 – when in a 5:1 ratio) and the dots can block transmission of visible light by more than 90% (Paragraph 0060).
In view of Claim 43, Balasubramanian et al. and Kim et al. are relied upon for the reasons given above in addressing Claim 17. Balasubramanian et al. teaches that the isolated regions may be made from 100% ink (Paragraph 0064).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Balasubramanian et al. (US 2017/0085216 A1) in view of Kim et al. (US 2022/0246777 A1) in view of Alameh (WO 2019/200425 A1).
In view of Claim 5, Balasubramanian et al. and Kim et al. are relied upon for the reasons given above in addressing Claim 2. Balasubramanian et al. does disclose that the majority of the dots are largely invisible to the naked eye by being at least 95% transparent (Paragraph 0007), but does not disclose that the thickness of the dots is within the range of 0-5 microns.
Alameh discloses that the majority of dots have a thickness of 0.5-20 microns (Page 7, Lines 10-11). Alameh discloses that the instant invention solves problems in the prior art of printing thin layers of inks of different colors directly onto a dark solar panel typically yields dark images of very low contrast making this direct printing approach impractical (Page 2, Lines 1-3). Accordingly, it would have been obvious to adopt the printing configuration of Alameh in making the dots of Balasubramanian et al. photovoltaic module such that the majority of the dots have a thickness of 0.5-20 microns for the advantages of printing a higher contrast image over a dark solar panel.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Balasubramanian et al. (US 2017/0085216 A1) in view of Kim et al. (US 2022/0246777 A1) in view of Lin et al. (US 2011/0114178 A1).
In view of Claim 20, Balasubramanian et al. and Kim et al. are relied upon for the reasons given above in addressing Claim 2. Balasubramanian et al. does not explicitly disclose a layer of clear varnish or transparent ink is positioned over the material layer to substantially equalize height differences of the dots and substantially fill gaps between adjacent dots.
Lin et al. discloses a transparent varnish is positioned over a material layer to substantially equalize height differences of dots and substantially fill gaps between adjacent dots (Figure 1-2, #510 fills the gaps between dots of material layer #420 – Paragraph 0019) as well as being directed towards a photovoltaic module that exhibit a colorful picture or pattern (Paragraph 0008). Lin et al. teaches that this configuration may also prevent the photovoltaic member from oxidation or erosion (Paragraph 0028). Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to incorporate a layer of transparent varnish positioned over a material layer to substantially equalize height differences of dots and substantially fill gaps between adjacent dots as disclosed by Lin et al. in Balasubramanian et al. material layer for the advantages of preventing the photovoltaic member from oxidation or erosion.
Claims 1-4, 6-19, and 41-43 are rejected under 35 U.S.C. 103 as being unpatentable over Balasubramanian et al. (US 2017/0085216 A1) in view of Kim (KR 202110147213 A). Kim is mapped to the English machine translation provided by the EPO.
In view of Claim 1, Balasubramanian et al. teaches a photovoltaic module (Figs. 2A & 12 - abstract), the module comprising: at least one solar cell having black or dark surface portions (Figure 12, #1208 & Paragraph 0003 – panels generally black); a material layer configured to provide for a selectable light-transmission gradient by structurally modulating transmission of light therethrough (Figure 1, #122 & Paragraph 0046-0047 – each region may be the same or different and have varying levels of opacity/transparency) the material layer is positioned over the black or dark surface portions of the at least one solar cell (Fig.12, #1203 & Paragraph 0082), the material layer having material portions with variable thickness, composition and/or coverage (Figure 8A-D, the “white” portions & Paragraph 0059) being lighter in colour or appearance than the black or dark surface portions of the at least one solar cell, the material portions having a transmissivity for visible light dependent on the composition and/or thickness of each material portion, the material layer being at least largely transmissive for light at areas between the material portions (Figure 1D, #122 & Paragraph 0063); and wherein the thickness, composition and/or lateral coverage of the material portions of the material layer are dependent on a required contract and/or a darkness, brightness or colour of features of the photovoltaic module (Figure 1D, #124 & Paragraph 0064-0070), and wherein the thickness and composition of the material portions vary across the module (Figure 8A-D & Paragraph 0059)
Balasubramanian et al. does not disclose a visible layer positioned over the material layer and including a continuous layer covering the plurality of material portions, that is configured to provide for optical or aesthetic continuity while receiving structurally-modulated light transmitted via the material layer such that the visible layer includes at least one of an image, a pattern or a color.
Kim discloses visible layers that can present and disposed over the rear surface of at least one solar cell (Fig. 3, #60 and #70) that can both display a color image or pattern that are visible at opposite sides of at least one solar cell (Fig. 3, #10 – Page 2, 4th Paragraph). Kim discloses having additional design elements present on a rear surface of a solar cell can strengthen its design elements (Page 1, Last Paragraph) and that the designs can take the form of screen-printing using ink patterns (Page 3, 1st-2nd Paragraph), while also giving aesthetics to the panel (Page 4, 3rd Paragraph). Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have a visible layer including a color, image or pattern on an opposite side of Balasubramanian et al. material layer such that its continuous and covering the plurality of material portions from the opposite side (e.g., a matching layer of Balasubramanian) and configured to provide for optical or aesthetic continuity while receiving structurally-modulated light transmitted via the material layer for the advantage of strengthening the design elements while also giving additional aesthetics to the panel.
In view of Claim 2, Balasubramanian et al. and Kim are relied upon for the reasons given above in addressing Claim 1. Balasubramanian et al. teaches that the material layer comprises a plurality of islands provided in a form of dots (Figure 1A/1D, #122 & Paragraph 0046).
In view of Claim 3, Balasubramanian et al. and Kim are relied upon for the reasons given above in addressing Claim 2. Balasubramanian et al. teaches that the dots can each have a local thickness dependent on contrast, and darkness/brightness of features of the visible layer where the dot is located on the photovoltaic module (Figure 8A-D & Paragraph 0033, 0059).
In view of Claim 4, Balasubramanian et al. and Kim are relied upon for the reasons given above in addressing Claim 2. Balasubramanian et al. teaches that at least some of the dots have a transmissivity for visible light (Paragraph 0059-0060).
In view of Claim 6, Balasubramanian et al. and Kim are relied upon for the reasons given above in addressing Claim 2. Balasubramanian et al. teaches that the dots have a composition dependent on required/predetermined contrast and/or darkness or brightness of features of the photovoltaic module (Paragraph 0018 & 059-0060).
In view of Claim 7, Balasubramanian et al. and Kim are relied upon for the reasons given above in addressing Claim 6. Balasubramanian et al. teaches that the dots have a transmissivity dependent on the compositive of the dots (Paragraph 0049 & 0076).
In view of Claim 8, Balasubramanian et al. and Kim are relied upon for the reasons given above in addressing Claim 6. Balasubramanian et al. teaches that the dots comprise a first ink that (Paragraph 0018) may be opaque or not transparent (Paragraph 0065) and the dots comprise a second ink that may be a varnish (Paragraph 0066).
In view of Claim 9, Balasubramanian et al. and Kim are relied upon for the reasons given above in addressing Claim 8. Balasubramanian et al. teaches that the dots can have a composition of 100% varnish have a local transmissivity that can vary from 0-50% (Paragraph 0060).
In view of Claim 10, Balasubramanian et al. and Kim are relied upon for the reasons given above in addressing Claim 2. Balasubramanian et al. teaches the dots are formed using a digital printing process (Paragraph 0064).
In view of Claims 11-12, Balasubramanian et al. and Kim et al. are relied upon for the reasons given above in addressing Claim 2. Balasubramanian et al. discloses that an image is printed using the colors of a combination that includes cyan, magenta, or yellow or other color combinations known in the art (Paragraph 0067). In regards to Applicant’s limitation that the image is printed using only cyan, magenta, and yellow, the Examiner respectfully points out to Applicant that modified Balasubramanian et al. disclose that the colors may include a combination of cyan, magenta, or yellow or other combinations known in the art by disclose two or more colors, or three or more colors may be used in combination with one another (Paragraph 0067). In the instant case, one of ordinary skill in the art would recognize that the substituted components and their functions are known in the art, for example, the different combinations are utilized to provide any desired color of an image a user would need. One of ordinary skill in the art would have arrived at these substitutions by utilizing these colors together, for example, three or more colors selected from cyan, magenta or yellow. See MPEP 2143. B.
In view of Claim 13, Balasubramanian et al. and Kim are relied upon for the reasons given above in addressing Claim 2. Balasubramanian et al. teaches a diameter of the dots of the material layer and distance between the dots determines a coverage of the material layer selected based on contrast or darkness of brightness of the photovoltaic module (Paragraph 0053-0063).
In view of Claim 14, Balasubramanian et al. and Kim are relied upon for the reasons given above in addressing Claim 2. Balasubramanian et al. teaches that the dots have a diameter ranged from 20 microns, 40 microns, 60 microns, 80 microns (Paragraph 0052).
In view of Claim 15, Balasubramanian et al. and Kim are relied upon for the reasons given above in addressing Claim 2. Modified Balasubramanian et al. teaches that the thickness and composition of the dots of the material layer and properties of the image of the visible layer are selected such that at least the majority or all areas of the visible layer and the material layer have a transmissivity for visible light greater than zero (Figure 8 - Paragraph 0033, 0049).
In view of Claim 16, Balasubramanian et al. and Kim are relied upon for the reasons given above in addressing Claim 2. Balasubramanian et al. teaches that the thickness of the dots may be reduced to at least half of their size (Paragraph 0059) and the dots can block transmission of visible light by more than 90% (Paragraph 0060).
In view of Claim 17, Balasubramanian et al. and Kim are relied upon for the reasons given above in addressing Claim 2. Balasubramanian et al. teaches that the isolated regions may be made from 100% ink (Paragraph 0064).
In view of Claim 18, Balasubramanian et al. and Kim are relied upon for the reasons given above in addressing Claim 11. Balasubramanian et al. teaches the at least one solar cell is a cadmium telluride based solar cell (Paragraph 0085 – cadmium telluride).
In view of Claim 19, Balasubramanian et al. and Kim are relied upon for the reasons given above in addressing Claim 1. Balasubramanian et al. teaches the visible layer the first visible layer is positioned over a first major surface of the at least one solar cell (Figure 12, #1203), and a second visible layer that includes a colour, and wherein the second visible layer is positioned over a second major surface of the at least one solar cell and which is opposite the first major surface such that the first and second visible layers are visible at opposite sides of the at least one solar cell (Figure 12, #1210 & Paragraph 0082 – a protective back cover has a colour).
In view of Claim 41, Balasubramanian et al. and Kim are relied upon for the reasons given above in addressing Claim 14. Balasubramanian et al. discloses that at least one of the gaps between adjacent dots can have an extension approximately of 30 microns (Paragraph 0052-0053).
In view of Claim 42, Balasubramanian et al. and Kim are relied upon for the reasons given above in addressing Claim 16. Balasubramanian et al. teaches that the thickness of the dots may be reduced to 30% or less (Paragraph 0059 – when in a 5:1 ratio) and the dots can block transmission of visible light by more than 90% (Paragraph 0060).
In view of Claim 43, Balasubramanian et al. and Kim are relied upon for the reasons given above in addressing Claim 17. Balasubramanian et al. teaches that the isolated regions may be made from 100% ink (Paragraph 0064).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Balasubramanian et al. (US 2017/0085216 A1) in view of Kim (KR 202110147213 A) in view of Alameh (WO 2019/200425 A1). Kim is mapped to the English machine translation provided by the EPO.
In view of Claim 5, Balasubramanian et al. and Kim are relied upon for the reasons given above in addressing Claim 2. Balasubramanian et al. does disclose that the majority of the dots are largely invisible to the naked eye by being at least 95% transparent (Paragraph 0007), but does not disclose that the thickness of the dots is within the range of 0-5 microns.
Alameh discloses that the majority of dots have a thickness of 0.5-20 microns (Page 7, Lines 10-11). Alameh discloses that the instant invention solves problems in the prior art of printing thin layers of inks of different colors directly onto a dark solar panel typically yields dark images of very low contrast making this direct printing approach impractical (Page 2, Lines 1-3). Accordingly, it would have been obvious to adopt the printing configuration of Alameh in making the dots of Balasubramanian et al. photovoltaic module such that the majority of the dots have a thickness of 0.5-20 microns for the advantages of printing a higher contrast image over a dark solar panel.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Balasubramanian et al. (US 2017/0085216 A1) in view of Kim (KR 202110147213 A) in view of Lin et al. (US 2011/0114178 A1). Kim is mapped to the English machine translation provided by the EPO.
In view of Claim 20, Balasubramanian et al. and Kim are relied upon for the reasons given above in addressing Claim 2. Balasubramanian et al. does not explicitly disclose a layer of clear varnish or transparent ink is positioned over the material layer to substantially equalize height differences of the dots and substantially fill gaps between adjacent dots.
Lin et al. discloses a transparent varnish is positioned over a material layer to substantially equalize height differences of dots and substantially fill gaps between adjacent dots (Figure 1-2, #510 fills the gaps between dots of material layer #420 – Paragraph 0019) as well as being directed towards a photovoltaic module that exhibit a colorful picture or pattern (Paragraph 0008). Lin et al. teaches that this configuration may also prevent the photovoltaic member from oxidation or erosion (Paragraph 0028). Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to incorporate a layer of transparent varnish positioned over a material layer to substantially equalize height differences of dots and substantially fill gaps between adjacent dots as disclosed by Lin et al. in Balasubramanian et al. material layer for the advantages of preventing the photovoltaic member from oxidation or erosion.
Response to Arguments
Applicant argues that Balasubramanian et al. does not disclose that the transmissivity of the material portions is dependent on thickness and/or composition. The Examiner respectfully points out to Applicant that Balasubramanian et al. teaches the material layer having material portions with variable thickness, composition and/or coverage (Figure 8A-D, the “white” portions & Paragraph 0059) being lighter in colour or appearance than the black or dark surface portions of the at least one solar cell, the material portions having a transmissivity for visible light dependent on the composition and/or thickness of each material portion, the material layer being at least largely transmissive for light at areas between the material portions (Figure 1D, #122 & Paragraph 0063); and wherein the thickness, composition and/or lateral coverage of the material portions of the material layer are dependent on a required contract and/or a darkness, brightness or colour of features of the photovoltaic module (Figure 1D, #124 & Paragraph 0064-0070), and wherein the thickness and composition of the material portions vary across the module (Figure 8A-D & Paragraph 0059). Accordingly, this argument is unpersuasive.
Applicant argues that neither Balasubramanian nor Lin teaches or suggest a base layer that is structurally configured to provide a selectable light-transmission gradient. The Examiner respectfully points out to Applicant that this limitation is not found within the present claim set. Its also not clear if Applicant has 112(a) support for such a limitation. Accordingly, this argument is unpersuasive.
Applicant argues that a critical aspect of Applicant’s claimed subject matter is the decoupling of structural light modulation from aesthetic image formation. The Examiner respectfully points out to Applicant that this limitation is not found within the present claim set. Its also not clear if Applicant has 112(a) support for such a limitation. Accordingly, this argument is unpersuasive.
Applicant argues that neither Balasubramanian or Lin disclose a base layer include discrete transmissivity-modulating islands separated by transmissive gaps. The Examiner respectfully points out to Applicant that Balasubramanian et al. discloses the material layer comprises a plurality of discrete material portions (Fig. 1A, #120) separated by light transmissive regions (Fig. 1A, #110 – Paragraph 0048-0049). Accordingly, this argument is unpersuasive.
Applicant argues that neither Balasubramanian or Lin disclose a continuous image layer that extends uninterrupted across such discontinuities while relying on the underlying base layer for structural light modulation. The Examiner respectfully points out to Applicant that Lin discloses a visible layer that is contiguous (Figs. 1-3, #410) that covers a material layer (Fig. 1-3, #42), wherein the visible layer that is contiguous may have a single color that is used to mask the original color of a photovoltaic member (Paragraph 0018). Lin et al. teaches that the visible layer is substantially continuous and substantially uniform in thickness and composition across both a plurality of discrete material portions (Fig. 1-3, #410 cover #420), the visible layer having only a single color (Paragraph 0018). In regards to the limitation that, “the visible layer not being configured to substantially modulate transmission of light to the at least one solar cell”, Lin et al. discloses the same structure as Applicant has recited, that being a visible layer that includes a colour. Thus, as evidenced by Applicant’s specification, Lin et al. visible layer is not substantially modulating transmission of light to the at least one solar cell. Lin et al. material layer is formed on top of the visible layer that is contiguous and used to exhibit a vivid and color image or picture, thus being analogous with the photovoltaic module as disclosed by Balasubramanian, except Lin et al. visible layer is formed to depict a color to advantageously mask the original color of the photovoltaic member (Paragraph 0018). Accordingly, for this reason this argument is unpersuasive.
Additionally, its respectfully pointed out to Applicant that there is no support in the instant specification regarding the limitations “the visible layer not being configured to substantially modulate transmission of light to the at least one solar cell”. Applicant discloses that the visible layer is formed without using black color, as this has the most detrimental impact on the transmissivity of visible light (Instant Specification – Page 4, Lines 15-33), and that the printed color on glass (visible layer) has an average transmissivity of 90% (Page 14, Lines 29-34 & Page 15, Lines 1-6) but has not explicitly disclosed in the specification a teaching that the visible layer that includes an image, a patten or a colour that is not substantially modulating the transmission of light to the at least one solar cell. Accordingly, the claim contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Appropriate action is required.
Applicant argues that there is no reason to combine Lin with Balasubramanian. Lin et al. material layer is formed on top of the visible layer that is contiguous and used to exhibit a vivid and color image or picture, thus being analogous with the photovoltaic module as disclosed by Balasubramanian, except Lin et al. visible layer is formed to depict a color to advantageously mask the original color of the photovoltaic member (Paragraph 0018). Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have the visible layer comprise a color as disclosed by Lin et al. in Balasubramanian et al. visible layer to advantageously mask the original color of the photovoltaic member. Thus, Lin provides motivation to combine. Accordingly, this argument is unpersuasive.
Conclusion
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/DANIEL P MALLEY JR./Primary Examiner, Art Unit 1726
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