DETAILED ACTION
Response to Amendment
The amendment of March 11, 2026 is considered herein.
Claims 1 and 14 have been amended.
Claims 2, 15, and 16 have been cancelled.
Claims 1, 3-14, and 17-21 are pending.
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, and 3-13 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 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.
Claim 1 refers to the exposed portion (62) of figure 7 located at the top or upper edge of the array, yet claim 1 refers to the exposed portion between the first end of the first roofing shingle and the first side edge of the array. There is no support for the exposed portion being between the shingle and the side edge of the array, but rather the shingle and the upper edge (as defined by the claim) of the array (consistent with claim 14). While the presence of flashing on the sides is reasonable from paragraph [0040] of the specification as filed, there is no reason to assume that the side flashing is oriented identically to the top flashing and figures 5-7 show no flashing on the side portions where one might conclude that an exposed portion may exist.
Of note, the amendment of claim 1 submitted to the Examiner for consideration during and after the interview for review referred to an exposed portion between the first end of the shingle and “the upper edge of the array”, not the current iteration of claim 1.
Claims 3-13 are rejected as being dependent on base claim 1.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 3-13 is/are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by JENKINS et al (US PG PUB 2014/0033625).
Regarding claim 1, JENKINS et al teaches a system (abstract), comprising:
a sloped roof deck (paragraph [0065] details the “eave side of the roof deck (i.e. toward its bottom end)” and “the ridge side of the roof deck (i.e. toward its top end)” and paragraph [0039] teaches portions to the “up the roof” or “down the roof”, all indicative of a sloped roof deck);
a plurality of photovoltaic modules (122/1122, courses of photovoltaic roofing elements, paragraph [0053] consistent with an array) installed on the sloped roof deck (paragraph [0010]),
wherein the plurality of photovoltaic modules is arranged in an array (figure 1),
wherein the array includes (as shown in annotated figure 1 below)
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an upper surface (top surface shown in figure 1), wherein the upper surface extends in a first plane (top surface of the panels),
an upper edge extending along the sloped roof deck (top of the array width annotated in figure 1),
a lower edge extending along the sloped roof deck (bottom of the array width, annotated in figure 1), and
at least a first side edge extending between the upper edge and the lower edge (vertical sides of figure 1 of the array, annotated in figure 1);
a plurality of roofing shingles (150, paragraph [0042]) installed on the sloped roof deck,
wherein the plurality of roofing shingles is proximate to at least the first side edge of the array (paragraph [0042]), and
wherein the plurality of roofing shingles includes a first roofing shingle (1150, figure 11), wherein the first roofing shingle includes a first end (left side of component 1150 in figure 11); and
at least one flashing (1130, paragraph [0053], paragraph [0076] details top and bottom flashing, paragraph [0075] teaches side flashing) installed on the sloped roof deck,
wherein the at least one flashing includes a first flashing (1130, figures 11-13), and
wherein the first flashing includes a first side (left side of component 1130), a second side (right side of flashing component 1130) opposite the first side of the first flashing (see figures 11 and 12), and an upper surface between the first side of the first flashing and the second side of the first flashing (top side of surface of 1130),
wherein the first side of the first flashing (left side of component 1130) overlays at least a portion of the first side edge of the array (1122),
wherein the second side of the first flashing (right side of component 1130) is overlayed by the first end of the first roofing shingle (1150, paragraph [0053] teaches 1150 to be a conventional roofing shingle),
wherein the first end of the first roofing shingle (left side of component 1150) is adjacent to the upper surface of the array at the first plane (top of component 1122)(adjacent in so far as there is an intermediate component (flashing), just as in the instant application shows in the embodiment relevant to the top flashing (not the side, see 35 USC 112(a)),
wherein an exposed portion of the upper surface of the first flashing (exposed portion 1135 of first flashing 1130) between the first end of the first roofing shingle (left side of 1150) and the first side edge of the array (right side of 1122) is flat and does not include an upward extending portion (see figure 11, though to be clear, the claim requires only “an exposed portion” not the entirety of the exposed portion or any other more specific detailing, causing JENKINS et al to read on the claim as written), and
wherein the first flashing is configured to direct water from the first roofing shingle onto the upper surface of the array (paragraph [0055] teaches the flashing element conveys water down the roof over other parts of the array (necessarily the upper surface as this is the exposed portion of the array)).
Regarding claim 3, JENKINS et al teaches the array (figure 1) includes a second side edge (left side of the array of figure 1) opposite the first side edge of the array and extending between the upper edge and the lower edge of the array (see figure 1 annotated), wherein the at least one flashing includes a second flashing, and wherein the second flashing is located along the second side edge of the array (see figure 26, paragraph [0074]).
Regarding claim 4, JENKINS et al teaches the plurality of roofing shingles includes a second roofing shingle, and wherein the second flashing is between the second roofing shingle and the second side edge of the array (flashing established to be present around the periphery of the array, per paragraph [0074], would include shingles to “close the array” per paragraph [0073]).
Regarding claims 5 and 6, JENKINS et al teaches each of the plurality of roofing shingles is an asphalt roofing shingle (paragraph [0048] teaches the use of bituminous shingles, the common name being asphalt material).
Regarding claim 7, JENKINS et al teaches the at least one flashing includes a second flashing, and wherein the second flashing is located along the lower edge of the array (bottom flashing, paragraph [0076]).
Regarding claim 8, JENKINS et al teaches the first flashing includes at least one channel (see figures 14-16).
Regarding claim 10, JENKINS et al teaches the plurality of photovoltaic modules includes a first photovoltaic module (right side module of the array of figure 1) and a second photovoltaic module (left side module of the array of figure 1 in the same course), and wherein the first photovoltaic module is joined with the second photovoltaic module (shown in figure 1 to be joined physically and discussed in paragraph [0008] to be joined electrically).
Regarding claim 11, JENKINS et al teaches wherein the at least one flashing includes a second flashing, and wherein the second flashing is located along the upper edge of the array (top flashing, paragraph [0076]).
Regarding claim 12, JENKINS et al teaches the at least one flashing includes a third flashing, and wherein the third flashing is located along the lower edge of the array (paragraph [0076] teaches the use of top and bottom flashing).
Regarding claim 13, the array includes a second side edge opposite the first side edge of the array and extending between the upper edge and the lower edge of the array (see left side of figure 1), wherein the at least one flashing includes a fourth flashing, and wherein the fourth flashing is located along the second side edge of the array (see figure 26, paragraph [0074]).
Claim(s) 14, and 17-21 is/are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by JENKINS (US PG PUB 2012/0137600).
Regarding claim 14, JENKINS teaches a system (figure 1), comprising:
a sloped roof deck (paragraph [0079]);
a plurality of photovoltaic modules installed above the sloped roof deck (see figure 1),
wherein the plurality of photovoltaic modules (120) is arranged in an array (figure 1),
wherein the array includes,
an upper surface, wherein the upper surface extends in a first plane (the top exposed surface of 120),
an upper edge extending along the sloped roof deck (proximate to 122, specifically the top or right side of component 1620 in figure 16 as well),
a lower edge extending along the sloped roof deck (proximate to 124),
a first side edge extending between the upper edge and the lower edge (right side, 126), and
a second side edge opposite the first side edge and extending between the upper edge and the lower edge (left side, 126);
a plurality of roofing shingles (130/130a) installed above the sloped roof deck,
wherein the plurality of roofing shingles is proximate to the array (see figure 1), and
wherein the plurality of roofing shingles includes a first roofing shingle (1636, figure 16),
wherein the first roofing shingle includes a first end (left side of 1636); and
a plurality of flashing installed above the sloped roof deck (flashing, (paragraph [0040])) ,
wherein the plurality of flashing comprises at least a first flashing (top flashing, 1660 of figure 16 for example) and a second flashing (sides or bottom flashing, per paragraph [0040]),
wherein each of the plurality of flashing includes a first side (left side of component 1660/1664 in figure 16), a second side opposite the first side (right side of component 1660/1662), and an upper surface between the first side and the second side top surface of component 1660 facing upward),
wherein the first side of the first flashing (1664/left side of 1660) overlays at least a portion of the upper edge of the array (1620) (see figure 16),
wherein the second side of the first flashing (1662/right side of 1660) is overlayed by the first end of the first roofing shingle (1636) (see figure 16),
wherein the first end of the first roofing shingle (left side of 1636) is adjacent to the upper surface of the array at the first plane (top surface of the panel 1620) (adjacent in so far as there is an intermediate component (flashing), just as in the instant application shows in the embodiment relevant to the top flashing in figure 7),
wherein an exposed portion of the upper surface of the first flashing (either the top surface of 1664 and/or the top surface of the flashing in the area indicated by the marker 1660) between the first end of the first roofing shingle (left of 1636) and the upper edge of the array (right of 1620) is flat (see figure 16) and does not include an upward extending portion (“an exposed portion” includes selection of a portion of the exposed flashing wherein either or both of the flat portions of 1664 or the flat portion indicated by marker 1660 are shown to be flat and without vertical component), and
wherein the first flashing is configured to direct water from the first roofing shingle onto the upper surface of the array (paragraph [0075] teaches the top flashing of figure 16 to be substantially flat, rendering a design which will clearly help direct water over the surface of the connected components, especially with the goal of flashing to include preventing water from reaching the roof deck, forcing water to go elsewhere including the upper surface of the array) , and
wherein the second flashing is along one of the first side of the array, the lower edge of the array, or the second side edge of the array (paragraph [0040]).
Regarding claims 17 and 18, JENKINS teaches the first flashing includes at least one channel (figure 16 shows a channel formed between the flashing and shingly 1636 (above the marker for 1660) and/or paragraph [0054] teaches the addition of channels).
Regarding claim 19, JENKINS teaches the second flashing is along the second side edge of the array (side flashing, paragraph [0040]), wherein the plurality of flashing comprises a third flashing, and wherein the third flashing is along the first side edge of the array (opposite side flashing, paragraphs [0040] and [0041]).
Regarding claim 20, JENKINS teaches the second flashing is along the second side edge of the array, wherein the plurality of flashing comprises a third flashing, and wherein the third flashing is along the lower edge of the array (paragraphs [0040] and [0041] detail flashing along all sides, designation of flashing as second or third is arbitrary).
Regarding claim 21, JENKINS teaches the second flashing is along the first side edge of the array, wherein the plurality of flashing comprises a third flashing, and wherein the third flashing is along the lower edge of the array (paragraphs [0040] and [0041] detail flashing along all sides, designation of flashing as second or third is arbitrary).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 9 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over JENKINS et al.
Regarding claim 9, JENKINS et al shows a single channel on a single flashing. However, when multiple flashings are installed over the length of the side of the array, multiple channels will be present in the first flashing. Moreover, it would have been obvious to utilize multiple channels, based on the use of one disclosed in JENKINS et al, as duplication is well within the ambit of one of ordinary skill, reading on the claim.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 14 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US PG PUB 2011/0314753 figure 12 reads on claim 14.
US Patent 8,863,451 also reads on a flashing between two panels in figure 8C, directed to the state of a level separation with an exposed flat portion as in the instant claim.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KOURTNEY SALZMAN CARLSON whose telephone number is (571)270-5117. The examiner can normally be reached 9AM-3PM EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allison Bourke can be reached at (303)297-4684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KOURTNEY R S CARLSON/ Primary Examiner, Art Unit 1721 5/28/2026
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