DETAILED ACTION
Response to Amendment
The amendment of February 3, 2026 is considered herein.
Claims 1, 3, 14, and 16 have been amended.
Claims 1-20 are pending with claims 8-13 being withdrawn to the non-elected group.
Claims 1-7 and 14-20 are considered on the merits herein.
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 1, 2, 5, 14, 15 and 18 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over CAPPELLI (US Patent 8,312,693B2), in view of KALKANOGLU et al (US PG PUB 2011/0030761), and additionally ELLIS (WO2005/080124A2) or GANGEMI (US PG PUB 2012/0240490A1).
Regarding claim 1, CAPPELLI teaches a roof integrated solar power system (“photovoltaic roof” of the abstract) comprising:
a row-and-column array of a plurality of solar modules (shown in figures 8, 9 and 14-20 as a plurality of rows of modules 10/10a/10b/10c) positioned on a roof deck (Asphalt or bituminous tiles, as in those of 10/10a/10b/10c at c. 5, l. 26-31 are known to be installed on roofs as shingles which are inherently present on a solid roof surface interpreted to read on the roof deck. Moreover, CAPPELLI teaches at c. 6, l. 33-38 the tiles are to be installed on the roof “T” as shown in figure 8, making clear the installation of the modules of CAPPELLI on a roof deck either directly or indirectly when the roof deck is below the roof “T”.), the row-and-column array of the plurality of solar modules (wherein the array of modules 10/10a/10b/10c is shown to be a grid as in figures 14-20 and installation of the tiles or modules 10 as in c. 7, l. 11-32 would render an array) comprising a plurality of parallel rows (rows as shown in figures 9, 15-18, and discussed as parallel rows in c. 3, l. 66-c. 4, l. 5) of laterally aligned solar modules (modules or tiles 10/10a/10b/10c are shown to be aligned in rows next to each other in figures 8, 9, 14-20, wherein laterally means extending from the sides),
wherein each solar module (10/10a/10b/10c) of the plurality of solar modules (clear from the array fabricated as shown in figures 8, 9 and 14-20) comprises:
at least one solar cell (cell within the module 2a, as described in the abstract), and
edge portions (10/10a/10b/10c) located along opposite sides of the at least one solar cell (wherein the edge portions are on the left and right of the cells 2a, of figure 3, such as the component 4 on the right and the section comprising components 5 and 7 on the left as shown in figures 1 and 3),
wherein the solar modules are arranged with the edge portions of the solar modules (wherein the edge portions are on the left and right of the cells 2a, of figure 3, such as the component 4 on the right and the section comprising components 5 and 7 on the left as shown in figures 1 and 3 or in the array in figures 14/15) in one column of the solar modules abutting the edge portions of the solar modules in at least one adjacent column of the solar modules (figure 15 shows the abutting or alignment of modules by their edge portions as discussed in c. 7, l. 18-26,);
a first electrical component (5, “connecting means”, wherein the connecting means electrically connects adjacent modules as discussed in c. 7, l. 33-38) positioned on each of the solar modules (see figures 1, 9, 16, and 17 show the positioning of the electrical component thereon); and
a protective cover strip (30, “covering”) covering the first electrical component (figures 19 and 20), the cover strip comprising:
a plurality of cover strip sections (shown in figure 19) adapted to releasably attach (c. 4, l. 36-41) to at least one of the abutting edge portions of the solar modules of side-by-side columns of solar modules (figures 14, 15, 19 and 20, c. 8, l. 4-7), wherein each of the cover strip section is independently removable to provide access to the first electrical component (figure 19 and 20 shows selective application or removal of the strip sections (paragraph spanning columns 7 and 8). Moreover, the ability to remove any of the components individually does not structurally differentiate the cover strips of CAPPELLI. The strip portions of CAPPELLI are capable of being removed individually, reading on the claim.).
While CAPPELLI teaches covering the electrical junction with cover strip sections (30), but fails to expressly show the cover strip sections to span a junction between the abutting edge portions of the solar modules. CAPPELLI further fails to address the cover strip sections to have top and bottom ends and arranged with the bottom ends of upper cover strip sections overlapping the top ends of lower cover strip sections to provide water shedding.
KALKANOGLU et al teaches the photovoltaic system (abstract) comprising electrically connected abutting modules (2310) in figure 23, just as in CAPPELLI. KALKANOGLU et al further teaches the use of electrical attachment between two neighboring modules (2310) with a cover section (2378) provided to cover the junction between the neighboring modules, as shown in figure 23. Moreover, KALKANOGLU et al teaches the use of the cover member (2378) in this orientation to provide protection from the elements to the associated seam and electrical components.
At the time of invention, it would have been obvious to utilize a cover section which overlaps the junction between adjacent modules of CAPPELLI, as shown in KALKANOGLU et al, to provide protection from the elements at a weak point in coverage (electrical connection and physical attachment). By modifying the attachment of the cover strips to the modules of CAPPELLI, as shown in KALKANOGLU et al, protection from the elements can be maximized (no exposed seam between the modules as in CAPPELLI, just attachment to neighboring modules and spanning the gap as in KALKANOGLU et al).
While CAPPELLI teaches the sealing or cooperation of the coverings for protecting the connecting means (electrical component) in c. 4, l. 36-41, CAPPELLI fails to address the cover strip sections to have top and bottom ends and arranged with the bottom ends of upper cover strip sections overlapping the top ends of lower cover strip sections to provide water shedding.
ELLIS teaches a solar roof, see figure 1, comprising adjacent modules, just as in CAPPELLI. ELLIS further teaches the use of overlapping the modules (as shown in figure 4i) to create a watertight barrier (p. 7, l. 8-13).
In the alternative, GANGEMI teaches a solar roof, see figure 13, just as in CAPPELLI. Moreover, GANGEMI teaches overlapping the flashing portions (80) and modules (100’/100”/100”’), wherein the bottom section of the uppermost portion of flashing or modules overlap the top portion of the flashing or module lower, as shown in figure 13. Paragraphs [0013] and [0087] make clear the use of overlapping components allows the water to be shed from the top surfaces to the bottom surfaces. Paragraphs [0077], [0116] and [0118] discuss the use of overlapping an array of other roofing materials for this purpose.
At the time of invention, it would have been obvious to apply the known technique of arranging the bottom ends of a component over the top end of a lower component for water shedding, as in ELLIS or GANGEMI, to the cover strips of CAPPELLI, so as to render the same predictable result of water protection of the internal components (as in a roof or electrical components). The use of a known technique to improve similar devices (methods or products) in the same way is likely to be obvious. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, C.). Since CAPPELLI, ELLIS and GANGEMI are seek to protect the components under their respective roofing components (cover strips, modules and multiple roofing materials, as in CAPPELLI, ELLIS and GANGEMI respectively), it would have been obvious to use the known technique of protection of overlapping the components on the protective components of CAPPELLI for the same desired functionality. In addition to the protective and water shedding benefits, the use of shingled or overlapping cover strips ensures a consistent appearance with the shingled modules allowing for greater aesthetic consistency of the roof further rendering obvious the use of overlapping cover strip portions.
Regarding claim 2, CAPPELLI teaches the first electrical component (5) is secured to a surface of each solar module along at least one of the edge portions of the solar module (figure 1, c. 6, l. 58-62 teaches integration of the electrical connecting means to the module, c. 6, l. 4-10 teaches arrangement on the side or edge of the tile).
Regarding claim 5, CAPPELLI teaches the solar modules (10) in one row overlap the solar modules in another row (see figure 15).
Regarding claim 14, CAPPELLI teaches a roof integrated solar power system (“photovoltaic roof” of the abstract) comprising:
a row-and-column array of a plurality of solar modules (shown in figures 8, 9 and 14-20 as a plurality of rows of modules 10/10a/10b/10c) positioned on a roof deck (Asphalt or bituminous tiles, as in those of 10/10a/10b/10c at c. 5, l. 26-31 are known to be installed on roofs as shingles which are inherently present on a solid roof surface interpreted to read on the roof deck. Moreover, CAPPELLI teaches at c. 6, l. 33-38 the tiles are to be installed on the roof “T” as shown in figure 8, making clear the installation of the modules of CAPPELLI on a roof deck either directly or indirectly when the roof deck is below the roof “T”.), the row-and-column array of the plurality of solar modules (wherein the array of modules 10/10a/10b/10c is shown to be a grid as in figures 14-20 and installation of the tiles or modules 10 as in c. 7, l. 11-32 would render an array) comprising a plurality of parallel rows (rows as shown in figures 9, 15-18, and discussed as parallel rows in c. 3, l. 66-c. 4, l. 5) of laterally aligned solar modules (modules or tiles 10/10a/10b/10c are shown to be aligned in rows next to each other in figures 8, 9, 14-20, wherein laterally means extending from the sides),
wherein each solar module (10/10a/10b/10c) of the plurality of solar modules (clear from the array fabricated as shown in figures 8, 9 and 14-20) comprises:
at least one solar cell (cell within the module 2a, as described in the abstract), and
edge portions (10/10a/10b/10c) located along opposite sides of the at least one solar cell (wherein the edge portions are on the left and right of the cells 2a, of figure 3, such as the component 4 on the right and the section comprising components 5 and 7 on the left as shown in figures 1 and 3),
a first electrical component (5, “connecting means”, wherein the connecting means electrically connects adjacent modules as discussed in c. 7, l. 33-38) positioned on each of the solar modules (see figures 1, 9, 16, and 17 show the positioning of the electrical component thereon); and
a protective cover strip (30, “covering”) covering the first electrical component (figures 19 and 20), the cover strip comprising:
a plurality of cover strip sections (shown in figure 19) configured to releasably attach (c. 4, l. 36-41) to at least one of the abutting edge portions of the solar modules of side-by-side columns of solar modules (figures 14, 15, 19 and 20, c. 8, l. 4-7).
wherein each of the cover strip section is independently removable to provide access to the first electrical component (figure 19 and 20 shows selective application or removal of the strip sections (paragraph spanning columns 7 and 8). Moreover, the ability to remove any of the components individually does not structurally differentiate the cover strips of CAPPELLI. The strip portions of CAPPELLI are capable of being removed individually, reading on the claim.).
While CAPPELLI teaches covering the electrical junction with cover strip sections (30), but fails to expressly show the cover strip sections to span a junction between the abutting edge portions of the solar modules. CAPPELLI further fails to address the cover strip sections to have top and bottom ends and arranged with the bottom ends of upper cover strip sections overlapping the top ends of lower cover strip sections to provide water shedding.
KALKANOGLU et al teaches the photovoltaic system (abstract) comprising electrically connected abutting modules (2310) in figure 23, just as in CAPPELLI. KALKANOGLU et al further teaches the use of electrical attachment between two neighboring modules (2310) with a cover section (2378) provided to cover the junction between the neighboring modules, as shown in figure 23. Moreover, KALKANOGLU et al teaches the use of the cover member (2378) in this orientation to provide protection from the elements to the associated seam and electrical components.
At the time of invention, it would have been obvious to utilize a cover section which overlaps the junction between adjacent modules of CAPPELLI, as shown in KALKANOGLU et al, to provide protection from the elements at a weak point in coverage (electrical connection and physical attachment). By modifying the attachment of the cover strips to the modules of CAPPELLI, as shown in KALKANOGLU et al, protection from the elements can be maximized (no exposed seam between the modules as in CAPPELLI, just attachment to neighboring modules and spanning the gap as in KALKANOGLU et al).
While CAPPELLI teaches the sealing or cooperation of the coverings for protecting the connecting means (electrical component) in c. 4, l. 36-41, CAPPELLI fails to address the cover strip sections to have top and bottom ends and arranged with the bottom ends of upper cover strip sections overlapping the top ends of lower cover strip sections to provide water shedding.
ELLIS teaches a solar roof, see figure 1, comprising adjacent modules, just as in CAPPELLI. ELLIS further teaches the use of overlapping the modules (as shown in figure 4i) to create a watertight barrier (p. 7, l. 8-13).
In the alternative, GANGEMI teaches a solar roof, see figure 13, just as in CAPPELLI. Moreover, GANGEMI teaches overlapping the flashing portions (80) and modules (100’/100”/100”’), wherein the bottom section of the uppermost portion of flashing or modules overlap the top portion of the flashing or module lower, as shown in figure 13. Paragraphs [0013] and [0087] make clear the use of overlapping components allows the water to be shed from the top surfaces to the bottom surfaces. Paragraphs [0077], [0116] and [0118] discuss the use of overlapping an array of other roofing materials for this purpose.
At the time of invention, it would have been obvious to apply the known technique of arranging the bottom ends of a component over the top end of a lower component for water shedding, as in ELLIS or GANGEMI, to the cover strips of CAPPELLI, so as to render the same predictable result of water protection of the internal components (as in a roof or electrical components). The use of a known technique to improve similar devices (methods or products) in the same way is likely to be obvious. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, C.). Since CAPPELLI, ELLIS and GANGEMI are seek to protect the components under their respective roofing components (cover strips, modules and multiple roofing materials, as in CAPPELLI, ELLIS and GANGEMI respectively), it would have been obvious to use the known technique of protection of overlapping the components on the protective components of CAPPELLI for the same desired functionality. In addition to the protective and water shedding benefits, the use of shingled or overlapping cover strips ensures a consistent appearance with the shingled modules allowing for greater aesthetic consistency of the roof further rendering obvious the use of overlapping cover strip portions.
Regarding claim 15, CAPPELLI teaches the first electrical component (5) is secured to a surface of each solar module along at least one of the edge portions of the solar module (figure 1, c. 6, l. 58-62 teaches integration of the electrical connecting means to the module, c. 6, l. 4-10 teaches arrangement on the side or edge of the tile).
Regarding claim 18, CAPPELLI teaches the solar modules (10) in one row overlap the solar modules in another row (see figure 15).
Claims 3 and 16 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over CAPPELLI, in view of KALKANOGLU et al and either ELLIS or GANGEMI, with DAVIES et al (US PG PUB 2007/0266660).
Regarding claims 3 and 16, while modified CAPPELLI teaches the use of overlapping cover strips for water shedding, modified CAPPELLI fails to teach the cover strip sections to include snaps for securing the cover strip sections to the solar module.
DAVIES et al teaches the attachment of coverings of adjacent modules for protection of electrical components, just as in CAPPELLI, as shown in figures 9, 10A and 10B, and KALKANOGLU et al, shown in figure 23. DAVIES et al further teaches the use of a snapping top cover as an effective mechanism for sealing and protecting the electrical components (1007/1013) therebelow, as shown in figures 10A and 10B, and discussed in paragraph [0055].
At the time of invention, it would have been obvious to one of ordinary skill in the art to utilize the snapping functionality of DAVIES et al, to attach the cover strip sections of modified CAPPELLI, so as to enable attachment between the overlapping components. The use of a known method of attachment, snapping, within the known product, cover strips, would have predictably rendered the claimed functionality.
Claims 4, 7, 17 and 20 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over CAPPELLI, in view of KALKANOGLU et al and either ELLIS or GANGEMI, with KALKANOGLU ‘427 (US PG PUB 2011/0132427).
Regarding claims 4 and 17, CAPPELLI teaches the use of the modules on the roof deck, see abstract, but fails to teach a plurality of shingles positioned on the roof deck, wherein the plurality of shingles is adjacent the row-and-column array of solar modules.
KALKANOGLU ‘427 teaches the use of overlapping photovoltaic modules with electronic connections in vertical arrangement, as shown in figure 1, just as in CAPPELLI. The bottom portion of paragraph [0081] further teaches the integration of the modules with adjacent shingles. Paragraphs [0007], [0080] and [0095] indicate the integration of the modules with surrounding shingles allows for a consistent roof appearance and installation.
At the time of filing, it would have been obvious to place shingles adjacent to the modules of CAPPELLI, as disclosed in KALKANOGLU ‘427, to allow for a consistent roof appearance and installation.
Regarding claims 7 and 20, while CAPPELLI teaches the electrical component (5) to includes connection between adjacent modules (connector, abstract), but fails to address the electrical component to include at least one of a junction box, a micro-inverter, or a DC optimizer.
KALKANOGLU ‘427 teaches the use of overlapping photovoltaic modules with electronic connections in vertical arrangement, as shown in figure 1, just as in CAPPELLI. KALKANOGLU ‘427 teaches the use of a junction box to house the interconnection wiring in paragraph [0081].
At the time of invention, it would have been obvious to one of ordinary skill in the art to utilize the junction boxes of KALKANOGLU ‘427 for the electrical connections of modified CAPPELLI, so as to allow for interconnection of the modules.
Claims 6 and 19 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over CAPPELLI, in view of KALKANOGLU et al and either ELLIS or GANGEMI, with OHTSUKA et al (Patent 6,128,868).
Regarding claims 6 and 19, CAPPELLI teaches the use of access panels cooperating to form a cover strip over the wiring (coverings 30), but fails to teach the use of at least one end cap positioned at an end of one of the cover strip sections.
OHTSUKA et al teaches a solar module assembly comprising waterproof wiring coverings (c. 4, l. 1-7), just as in CAPPELLI. OHTSUKA et al further teaches the use of an end cap (214/215, wiring receiving portion cover and finishing cover of OHTSUKA et al, shown in figure 5 to provide an end cap or covering at the end to the cable covers 211 (analogous to the access panels of the instant application and coverings of CAPPELLI). Column 4, line 55 – column 5, line 8 of OHSTUKA et al details the use of the end cap to provide protection of the wires therein.
At the time of invention, it would have been obvious to one of ordinary skill in the art to utilize the end cap of OHTSUKA et al on the coverings of modified CAPPELLI so as to provide protection to the wires therein from the end portions.
Response to Arguments
Applicant’s arguments with respect to the requirement of claim(s) 1 and 14 regarding the cover strip to span the lateral junction of adjacent module columns 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.
KALKANOGLU et al is utilized to teach this requirement.
Applicant's arguments filed February 3, 2026 have been fully considered but they are not persuasive.
The Applicant’s assessment of the rejections on page 10 of the response reflects a refuting each reference individually instead of their use within the combination. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
The Applicant argues CAPPELLI does not teach “a plurality of sections overlapped from top to bottom”.
The Examiner agrees as ELLIS et al and GANGEMI et al are utilized to establish overlapping of components already disclosed in modified CAPPELLI is obvious and well established in the art of not only solar panels but waterproofing in general.
The Applicant argues CAPPELLI does not teach cover strips to be “removable section-by-section”.
The Examiner disagrees the cover strips of CAPPELLI are not removable section by section based on figure 18, which shows removal of one section specifically.
Most notably, the Applicant argues substitution of the butyl-screw L-section system of CAPPELLI with a “releaseable, segmented, overlapped cover-strip architecture would require redesign of Cappelli’s joint and fastening approach and would alter installation, maintenance, and sealing characteristics” with “no articulated reason with a rational underpinning” to make the substitution.
The Examiner disagrees as the substitution of one panel, cover strip protection mechanism for another is well within the ambit of one of ordinary skill, however, KALKANOGLU et al is cited herein to specifically show the structure which would be evident from the substitution, rendering not only a clear resulting structure but also evidence that manipulation of the device as desired would render a device with water proofed seams, as required in the claim. It is further the position of the Examiner that the manipulation of the installation and maintenance well within the ambit of one of ordinary skill and does not teach away from the combination or result in a substantive reason why one would choose to not select a different known structure for the same resulting benefits.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
KALKANOGLU ‘427 further teaches the individual removal of cover strips of claim 1.
GUHA (US PG PUB 2003/0217768) teaches the use of clips to attach the cover strips for protecting electrical connections.
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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/KOURTNEY R S CARLSON/ Primary Examiner, Art Unit 1721 5/30/2026
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