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 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.
Claims 1-10, 12, 13,19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Parker-Swift (GB2606151) in view of Gao (CN108678306 ).
Claims 1, 12, and 19, Parker-Swift discloses a modular canopy system (1) resting upon a solid surface of the earth, the modular canopy system comprising: a supporting structure including a plurality of pillars (4) disposed on edges of the solid surface of the earth; a plurality of modules (3) resting upon the supporting structure, each of the plurality of modules comprising: a frame (12); a first plastic layer (9) for shielding the solid surface of the earth from heat and allowing sunlight to enter through; a second plastic layer (10) for shielding the solid surface of the earth from heat and allowing sunlight to enter through; a photovoltaic layer (Fig.2) including a plurality of photovoltaic panels (6) for receiving solar radiation and converting the solar radiation to electricity but is silent on a hollow frame, a first and second translucent layer and a rainwater collection and harvesting module for receiving and collecting rainwater.
Parker-Swift discloses the first and second layers are formed of ETFE (ethylene tetrafluoroethylene), same material as the instant invention, but silent on being translucent. It would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to make the layers translucent so that sun light could pass thru the canopy absent any unexpected results.
Gao before the filing date of the instant invention discloses a solar canopy with a hollow frame (1) with a guided groove (2) for receiving and collecting rainwater (Fig.2). It would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to modify the frame of Parker-Swift with the rainwater collection and harvesting module of Gao to automatic collect rainwater, which reduces the waste of water resource and also reduces water cost, as a person with ordinary skill has good reason to pursue known options within his or her technical grasp.
Claims 2, 4, 8, 9. Parker-Swift as modified discloses a squared frame (2) is formed by a first, second, third and fourth frame enclosing the module (3, Fig.1) but silent on wherein the plurality of modules are rhombus shaped, wherein the hollow frame is rhombus- shaped formed by a first hollow conduit, a second hollow conduit, a third hollow conduit, and a fourth hollow conduit, wherein the photovoltaic layer is rhombus shaped by arranging the plurality of photovoltaic panels in spaced apart relation and interconnecting the adjacent photovoltaic panels with wires, wherein the first translucent plastic layer and the second translucent plastic layer are rhombus shaped.
It would have been obvious to one having ordinary skill in the art before the filing date of the instant invention to modify the shape of the elements from a square to a rhombus to maximize the square footage, since there is no invention in merely changing the shape or form of an article without changing its function except in a design patent.
Claim 3. Parker-Swift as modified discloses the plurality of modules (3) further form a grid shell structure by assembling the plurality of modules into a larger unit (Fig.1).
Claim 5. Parker-Swift as now further modified discloses the first hollow conduit is in parallel to the third hollow conduit and the second hollow conduit is in parallel to the fourth hollow conduit (noted the squared enclosure of module 3 in Fig.1).
Claim 6. Parker-Swift as now further modified discloses the first hollow conduit, the second hollow conduit, the third hollow conduit, and the fourth hollow conduit further form a plurality of mechanical capture air channels capable of extracting carbon dioxide out of air when not used as a rain collecting channel. It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations
Claim 7. Parker-Swift as modified discloses the photovoltaic layer is disposed on the upper layer (Pg.5:17-18) but silent on between the first translucent plastic layer and the second translucent plastic layer. It would have been obvious to one having ordinary skill in the art before the filing date of the instant invention to position the solar strips in the air pocket (11) between the layers to protect them from the elements, hence extending the service life.
Claim 10. Parker-Swift as modified discloses edges of the first translucent plastic layer and edges of the second translucent plastic layer connect the hollow frame (as shown in Fig.3).
Claim 13. Parker-Swift as modified discloses the plurality of pillars (4) are arranged in spaced apart relation above the solid surface of the earth to form passive ventilation near the solid surface of the earth where colder air passively circulates pollution into the plurality of rhombus-shaped modules (as illustrated in Fig.1). It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations.
Claim 20. Parker-Swift as now further modified discloses the hollow conduit of the frame further form a plurality of mechanical capture air channels since the void when not used as a rain collecting channel will container air.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Parker-Swift (GB2606151) and Gao (CN108678306 ) as applied to claim 1 above, further in view of Nair (US20110005560 ).
Claim 11. Parker-Swift as modified is silent the hollow frame further includes electrical wires connecting the plurality of photovoltaic panels for transferring the electricity converted by the photovoltaic panels.
Nair before the filing date of the instant invention discloses a solar canopy with a hollow frame(120) for electrical wires (130) connecting the plurality of photovoltaic panels (110, Fig.3A). It would have been obvious to one having ordinary skill in the art before the filing date of the instant invention to place the wires within the conduit for protection and aesthetic reasoning.
Claims 14 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Parker-Swift (GB2606151) and Gao (CN108678306 ) as applied to claim 1 above, further in view of Mackler (CA2732848).
Claim 14 and 18. Parker-Swift as modified discloses various usage of the solar canopy(Pg.1:8-14) but us silent on the solid earth surface comprises a roadway or over a portion of a vehicular highway.
Mackler before the filing date of the instant invention discloses a solar and rainwater canopy along a highway (Pg.4:4-9 and Pg.8:8-13). It would have been obvious to one having ordinary skill in the art before the filing date of the instant invention to provide the canopy along a roadway/highway with the motivation of capturing wasted green energy while providing shade to motorist below, as a person with ordinary skill has good reason to pursue known options within his or her technical grasp.
Allowable Subject Matter
Claims 15-17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the closest prior art of record fails to teach or adequately suggest the combination of characteristics specified in the independent claim, especially the requirement of a substance concerning hollow conduit defining an interior electric wiring channel, an interior rainwater diversion channel, and an interior ventilation channel; not one but all three, hence there is no cogent reasoning that is unequivocally independent of hindsight that would have led one of ordinary skill in the art at the time.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to attached NOTICE OF REFERENCE CITED.
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BABAJIDE A. DEMUREN
Primary Examiner
Art Unit 3633
/BABAJIDE A DEMUREN/Primary Examiner, Art Unit 3633