DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claim 27 is objected to because of the following informalities: the word “throughs” in the last line of the claim should be amended as follows “through”. Appropriate correction is required.
Claim 29 is objected to because of the following informalities: the phrase “the predefined flow channel is comprises” in the second line of the claim should be amended as follows “the predefined flow channel [[is]] comprises”. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 56, 57 and 64 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2015/179981 A1 (hereinafter “WO’981”).
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Regarding Claims 56, 57 and 64, WO’981 discloses a multi-cone solar concentrator comprising: a plurality of compound paraboloid concentrators (CPCs) (16) each having a respective cone-like exterior wall delimiting a parabolically contoured interior that is of off- axis paraboloidal relationship to a respective central axis around which the cone-like exterior wall circumferentially spans; wherein said plurality of CPCs are seamlessly integral components of a unitary structure in which said plurality of CPCs are integrally interconnected with one another by at least one of the following features: (a) a plurality of joining webs (22) of said unitary structure, each of which spans between a respective adjacent pair of CPCs and joins together said respective adjacent pair of CPCs through integral attachment to the exterior walls thereof at a discrete elevation thereon, while leaving said exterior walls of the adjacent pair of CPCs in spaced apart and unattached relation to one another at other elevations unoccupied by said joining web (see Fig. 12); and/or (b) direct and seamlessly integral interjoining of the exterior walls of each adjacent pair of CPCs to one another at upper regions thereof of more proximate relationship to wider inlet apertures of the parabolically contoured interiors of said adjacent pair of CPCs than to axially opposing and narrower exit apertures thereof, while leaving said exterior walls of the adjacent pair of CPCs in spaced apart and unattached relation to one another at other regions thereof (see Figs. 15-16 and Fig. 18); wherein the plurality of CPCs are integrally interconnected with one another by at least said plurality of joining webs (22; see Fig. 12); wherein the plurality of CPCs (16) are integrally interconnected with one another by at least said direct and seamlessly integral interjoining of the exterior walls thereof (see Figs. 10, Figs. 15-16 and Fig. 18).
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.
Claim(s) 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2011/051510 A1 (hereinafter WO’510) in view of Applicant provided Non-Patent Literature: Characterization of an assembly architecture incorporating a multi-cell design for lower cost hybrid CPV modules (hereinafter “NPL”).
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Regarding Claim 1, WO’510 discloses a high concentration photovoltaic-thermal (HCPV-T) module for electrical energy generation and thermal energy collection using concentrated light, said module comprising: a basin (12) comprising a floor (14), a plurality of perimeter walls (13) upstanding from said floor around a perimeter thereof, an interior space bound between said perimeter walls over said floor (see Fig. 7), a plurality of support protrusions (see 3) upstanding from said floor within the interior space at spaced apart positions from one another (see Figs. 6-9); a plurality of light-concentrating optical assemblies (see 1); an optical support tray seated in an installed position within the interior space of said basin, and comprising an array of optical support seats concavely recessed into a topside of said optical support tray and laid out in a grid pattern thereon for individual support of a respective one of said light-concentrating optical assemblies in each of said optical support seats (see the provided English translation: “The primary reflector 1 is formed by a structural substrate obtained by injection molding of a plastic material that defines a concave surface, and one or more metallized layers, for example of aluminum or silver, on said concave surface of the plastic structural substrate.”); a plurality of concentrated photovoltaic (CPV) power modules (4) in equal quantity to said plurality of light-concentrating optical assemblies, with each of said CPV power modules (4) residing in aligned relation beneath a respective one of said light concentrating optical assemblies (see 1) to receive concentrated light therefrom to generate electrical power (see the provided English translation: “The photovoltaic cell 4 transforms the energy of the solar radiation into electricity, which is conducted outside the receiver-concentrator by proper wiring (not shown).”); and wherein said optical support tray (see 1) is seated atop the protrusions (see 3) of the basin at rest points (see at least 7, 7b, 7c) of the optical support tray that reside at position between adjacent rows of the grid pattern in which said optical support seats are laid out (see again Figs. 6-9).
WO’510 does not disclose a heat exchange assembly installed within the interior space of the basin and configured for routing of a cooling fluid in heat-exchange relation past each one of the CPV power modules.
NPL teaches a high concentration photovoltaic-thermal (HCPV-T) module for electrical energy generation and thermal energy collection using concentrated light, said module comprising: a heat exchange assembly installed within the interior space of the basin and configured for routing of a cooling fluid in heat-exchange relation past each one of the CPV power modules (see “Since one of the main by-product of the concentrated light on to the cells is heat, Crystal Green Energy has installed cooling plates underneath each carrier to prevent cell damages and reduced efficiencies. The heat sink is working with a water/glycol mixture. It is used to provide a heat exchange to a hot water tank. The hot water can be used for domestic purposes such as floor heating or ambient heating.”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify WO’510 to comprise a heat exchange assembly installed within the interior space of the basin and configured for routing of a cooling fluid in heat-exchange relation past each one of the CPV power modules as taught and/or suggested by NPL, since such a modification would prevent cell damages and reduced efficiencies and can be used to provide a heat exchange to a hot water tank. The hot water can be used for domestic purposes such as floor heating or ambient heating.
Regarding Claim 2, WO’510 further discloses wherein at least some of said support protrusions (3) of the basins are freestanding protrusions of inwardly spaced relation from said perimeter walls of the basin (see the provided English translation: “a base body 3 that rests on a substantially flat support surface, provided for example by a base panel 14”).
Regarding Claim 3, WO’510 in view of NPL does not disclose wherein at least some of said support protrusions of the basin are wall-attached protrusions of directly attached relation to said perimeter walls of the basin.
Nevertheless, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify WO’510 wherein at least some of said support protrusions of the basin are wall-attached protrusions of directly attached relation to said perimeter walls of the basin, since it has been held that forming in one piece an article which has formerly been formed in two or more pieces and put together involves only routine skill in the art. In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965).
Claim(s) 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over WO’510 in view of NPL as applied to claim 1 above, and further in view of WO 2012/017274 A1 (hereinafter “WO’274”).
Regarding Claims 4 and 5, WO’510 in view of NPL does not disclose wherein at least some of said support protrusions are of upwardly tapered shape, narrowing away from the floor of the basin; wherein said upwardly tapered shape narrows in two dimensions of orthogonal relation to one another.
WO’274 teaches a high concentration photovoltaic-thermal (HCPV-T) module for electrical energy generation comprising: wherein at least some of said support protrusions (87) are of upwardly tapered shape, narrowing away from the floor (3) of the basin (2); wherein said upwardly tapered shape narrows in two dimensions of orthogonal relation to one another (see Fig. 4; i.e., the support protrusions 87 comprise a Cylindro-conical shape).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to further modify WO’510 in view of NPL wherein at least some of said support protrusions are of upwardly tapered shape, narrowing away from the floor of the basin; wherein said upwardly tapered shape narrows in two dimensions of orthogonal relation to one another as taught and/or suggested by WO’274, since a tapering support structure comprising a wider base in comparison to its narrower free end support surface would provide a more stable support structure in comparison to a support structure having a uniform cross-sectional structure.
Claim(s) 24-27, 29 and 44 are rejected under 35 U.S.C. 103 as being unpatentable over NPL in view of US 4,187,123 (hereinafter “US’123”).
Regarding Claim 24, NPL discloses componentry for a high concentration photovoltaic-thermal (HCPV-T) module for electrical energy generation and thermal energy collection using concentrated light, said componentry including: one or more multi-cell concentrated photovoltaic (CPV) power modules (see Fig. 2) each having multiple CPV cells mounted on a shared substrate in discrete positions thereon for respective alignment thereof with a plurality of compound paraboloid concentrators (CPCs) (see Fig. 3).
NPL does not disclose one or more heat exchanger blocks for respective use with said one or more multi-cell CPV power modules, each heat exchanger block having a predefined flow channel delimited therein through which the cooling fluid is routed serially on a non-linear path past a plurality of the multiple CPV cells of a respective one of the multi-cell CPV power modules in heat exchange relation therewith.
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US’123 teaches componentry for a high concentration photovoltaic-thermal (HCPV-T) module for electrical energy generation and thermal energy collection using concentrated light, said componentry including: one or more heat exchanger blocks (25) for respective use with said one or more multi-cell CPV power modules (12), each heat exchanger block having a predefined flow channel (28) delimited therein through which the cooling fluid is routed serially on a non-linear path (see Fig. 5) past a CPV cell of a respective one of the multi-cell CPV power modules in heat exchange relation therewith.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify NPL to comprise one or more heat exchanger blocks for respective use with said one or more multi-cell CPV power modules, each heat exchanger block having a predefined flow channel delimited therein through which the cooling fluid is routed serially on a non-linear path past a plurality of the multiple CPV cells of a respective one of the multi-cell CPV power modules in heat exchange relation therewith as taught and/or suggested by US’123, since one of the main by-product of the concentrated light on to the cells is heat, the provision of one or more heat exchanger blocks would prevent cell damage and thereby increase efficiency, and water used for heat exchange can be used to provide heat for a hot water tank. The water from said hot water tank can be used for domestic purposes such as floor heating or ambient heating.
Regarding Claim 25, NPL in view of US’123 further discloses wherein said predefined flow channel (US’123, see flow channel 28) of each heat exchanger block (US’123, see heat exchange block 25) is a sole flow channel thereof that routes the cooling fluid serially (US’123 teaches a spiral flow channel) past all of the CPV cells (NPL disclosing multiple CPV cells, see Fig. 4) of the respective multi-cell CPV power module (US’123 teaching the heat exchange block flowing in a spiral pattern cooling all areas of the solar cell).
Regarding Claim 26, US’123 further teaches wherein said predefined flow channel (28) of each heat exchanger block (25) comprises a channel recessed into a face (27) of the heat exchanger block, over which a thermally conductive plate (35) is installed in fluid tight relation (see O-ring or other suitable seal 34), whereby the cooling liquid flows through the channel in flowing contact with said thermally conductive plate.
Regarding Claim 27, NPL in view of US’123 discloses wherein the shared substrate of the respective CPV power module (see Fig. 4) is mounted against said thermally conductive plate (NPL: “Crystal Green Energy has installed cooling plates underneath each carrier to prevent cell damages and reduced efficiencies. The heat sink is working with a water/glycol mixture.”), thereby establishing heat exchange relationship between the cooling fluid and the plurality of the multiple CPV cells throughs [sic] said thermally conductive plate (both NPL and US’123 disclose/teach establishing a heat exchange relationship between a cooling fluid and the plurality of the multiple CPV cells through said thermally conductive plate).
Regarding Claim 29, US’123 further teaches wherein the non-linear path of the predefined flow channel (28) is comprises three arcuately curved segments that reside end-to-end with one another (see the spiral path segments in Fig. 5 which comprise at least three arcuately curved segments that reside end-to-end with one another) to join an inlet port (see 26) on a first side of the heat exchanger block to an outlet port (see 30) on a neighbouring second side of the heat exchanger block (25).
Regarding Claim 44, NPL in view of US’123 discloses the claimed limitations as is evident from the discussion of the references above. With respect to limitations not previously discussed, note that US’123 also teaches a plurality of connection conduits (see at least 18, 19) connected to the inlet and outlet ports (26, 30) of the plurality of heat exchanger blocks (25) to convey the cooling fluid to, from and between said plurality of heat exchanger blocks. In the interest of brevity, the other claim limitations, which are the same or equivalent to limitations already discussed above, and the obviousness rationale for combining the references will not be repeated here.
Claims 36-38 are rejected under 35 U.S.C. 103 as being unpatentable over US’123 in view of NPL.
Regarding Claims 36 and 37, US’123 in view of NPL discloses the claimed limitations as is evident from the discussion of the references above. In the interest of brevity, the claim limitations, which are the same or equivalent to limitations already discussed above, and the obviousness rationale for combining the references will not be repeated here.
Regarding Claim 38, US’123 in view of NPL does not disclose wherein said block and said separate cover plate are materially distinct from one another.
Nonetheless, it would have been obvious to one having ordinary skill in the art at the time the invention was made to further modify US’123 in view of NPL wherein said block and said separate cover plate are materially distinct from one another, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. For example, one skilled in the art would have been motivated to select a cover plate which comprises a material having a high thermal conductivity characteristic in order to maximize heat transfer between said cover plate and a fluid, such as water, in contact therewith flowing through said predefined flow channel; and would simultaneously be motivated to select a block which comprises a material having a high thermal insulation characteristic in order to minimize said fluid experiencing heat loss to an ambient environment which would limit its use for other purposes such as heating a domestic water supply, floor heating and/or space heating.
Allowable Subject Matter
Claims 8, 9 and 30 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure because the references are either in the same field of endeavor or are reasonably pertinent to the particular problem with which the applicant was concerned. Please see form PTO-892 (Notice of References Cited) attached to, or included with, this Office Action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JORGE A PEREIRO whose telephone number is (571)270-3932 and whose fax number is (571) 270-4932. The examiner can normally be reached on M-F 9:00 - 5:00 EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven B. McAllister can be reached at (571) 272-6785. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JORGE A PEREIRO/ Primary Examiner, Art Unit 3799