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 .
Election/Restrictions
Applicant's election with traverse of Species I (Figs. 1A-4B) in the reply filed on 09/16/2025 is acknowledged. The traversal is on the ground(s) that a search for one species would encompass a search for the subject matter of the remaining claims and species. This is found persuasive because the examination for the elected species does yield the other species. Therefore, the restriction between the species made in the previous Office action, mailed 08/25/2025, is hereby withdrawn.
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-6, 9, and 11-15 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by CN 107359853 A (hereinafter Zhang).
Regarding cliam 1, Zhang discloses a device (see Figs. 5 or 6a-6c) comprising a sheet (61) comprising a first plurality of photovoltaic (PV) cells (see Fig. 6b: one of the rows or columns) and a second plurality of PV cells (see Fig. 6b: another one of the rows or columns); and a motor (605) configured to actuate the sheet between an open configuration (see Fig. 6b) and a closed configuration (see Fig. 6c), wherein the first plurality of PV cells are disposed on a first portion of the sheet such that, in the open configuration, the first plurality of PV cells are exposed to sunlight (see Fig. 6b), and wherein the second plurality of PV cells are disposed on a second portion of the sheet such that, in the closed configuration, the second plurality of PV cells are exposed to sunlight (see Fig. 6b).
Regarding claim 2, the device of claim 1, wherein, in the closed configuration, the sheet is wound about a rotatable shaft (601).
Regarding claim 3, the device of claim 1, wherein, in the closed configuration, the sheet is accordion folded (see Fig. 5).
Regarding claim 4, the device of claim 1, wherein the second plurality of PV cells (see Fig. 6b: one of the rows or columns at one perimeter edge) are disposed on an opposite side of the sheet as the first plurality of PV cells (see Fig. 6b: another one of the rows or columns at the opposite perimeter edge to the second PV cells).
Regarding claim 5, the device of claim 1, wherein the second plurality of PV cells (see Fig. 6b: second row or column at one perimeter edge adjacent to the first) are disposed on a same side of the sheet as the first plurality of PV cells (see Fig. 6b: first row or column at one perimeter edge).
Regarding claim 6, the device of claim 1, further comprising a ridge (see Fig. 6b: the ridge locates between first and third rows of PV cells), wherein the second plurality of PV cells are located on the ridge (between the first and third rows).
Regarding claim 9, the device of claim 1, further comprising a collapsible frame (see Fig. 5: the rectangular collapsible frame).
Regarding claim 11, he device of claim 1, wherein the first plurality of PV cells and the second plurality of PV cells comprise a flexible substrate (see abstract).
Regarding claim 12, the device of claim 1, wherein the first plurality of PV cells and the second plurality of PV cells are flexible (see abstract).
Regarding claim 13, the device of claim 1, further comprising an electrical energy storage device (see English translation page 8, fourth line from the page bottom: “storage battery”).
Regarding claim 14, the device of claim 13, wherein the electrical energy storage device is configured to receive power from the second plurality of PV cells (the row or column where 10 is pointing in Fig. 5) when the sheet is in the closed configuration (folded configuration).
Regarding claim 15, the device of claim 13, wherein the electrical energy storage device is configured to receive power from the first plurality of PV cells when the sheet is in the open configuration (see Fig. 6b).
Claim(s) 1-2, 4-6, 9-13, and 15-19 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2004/0055633 (hereinafter Lambey).
Regarding cliam 1, Lambey discloses a device (see abstract) comprising a sheet (4) comprising a first plurality of photovoltaic (PV) cells (see Fig. 6: one of the rows or columns of 3) and a second plurality of PV cells (see Fig. 6: another one of the rows or columns of 3); and a motor (see para. [0015]) configured to actuate the sheet between an open configuration (see Fig. 5) and a closed configuration, wherein the first plurality of PV cells are disposed on a first portion of the sheet such that, in the open configuration, the first plurality of PV cells are exposed to sunlight (see Fig. 6), and wherein the second plurality of PV cells are disposed on a second portion of the sheet such that, in the closed configuration, the second plurality of PV cells are exposed to sunlight (see Fig. 6).
Regarding claim 2, the device of claim 1, wherein, in the closed configuration, the sheet is wound about a rotatable shaft (5).
Regarding claim 4, the device of claim 1, wherein the second plurality of PV cells (see Fig. 6: one of the rows or columns at one perimeter edge) are disposed on an opposite side of the sheet as the first plurality of PV cells (see Fig. 6: another one of the rows or columns at the opposite perimeter edge to the second PV cells).
Regarding claim 5, the device of claim 1, wherein the second plurality of PV cells (see Fig. 6: second row or column at one perimeter edge adjacent to the first) are disposed on a same side of the sheet as the first plurality of PV cells (see Fig. 6: first row or column at one perimeter edge).
Regarding claim 6, the device of claim 1, further comprising a ridge (see Fig. 6: the ridge locates between first and third rows of PV cells), wherein the second plurality of PV cells are located on the ridge (between the first and third rows).
Regarding claim 9, the device of claim 1, further comprising a collapsible frame (13).
Regarding claim 10, the device of claim 1, wherein the first plurality of PV cells are configured to provide a direct current (DC) voltage not exceeding 30 volts (see para. [0020]: 6, 12, 24 volts are under 30 volts).
Regarding claim 11, the device of claim 1, wherein the first plurality of PV cells and the second plurality of PV cells comprise a flexible substrate (see para. [0018]: fabric is a flexible material).
Regarding claim 12, the device of claim 1, wherein the first plurality of PV cells and the second plurality of PV cells are flexible (see para. [0024]: the cells are bendable).
Regarding claim 13, the device of claim 1, further comprising: an electrical energy storage device (see para. [0032]: rechargeable batteries).
Regarding claim 15, the device of claim 13, wherein the electrical energy storage device is configured to receive power from the first plurality of PV cells when the sheet is in the open configuration (see Fig. 6).
Regarding claim 16, Lambey discloses a system for covering a pool (see Fig. 5), comprising a first pool cover (one of cover 4 between bars 13); and a second pool cover (another cover 4 between bars 13), wherein the first pool cover and the second pool cover comprise a first plurality of photovoltaic (PV) cells (see Fig. 6: one of the rows or columns of 3) and a second plurality of PV cells (see Fig. 6: another one of the rows or columns of 3); and a motor (see para. [0015]) configured to actuate the sheet between an open configuration and a closed configuration; and an attachment component (holding bars 13) configured to attach to a portion of a perimeter wall of the pool, wherein the first plurality of PV cells is disposed on a first portion of the sheet such that, in the open configuration, the first plurality of PV cells is facing up (see Fig. 6), wherein the second plurality of PV cells is disposed on a second portion of the sheet such that, in the closed configuration, the second plurality of PV cells are facing up (see Fig. 6), and wherein the attachment component of the first pool cover and the attachment component of the second pool cover are attached to different portions of the perimeter wall (see para. [0036]).
Regarding claim 17, the system of claim 16, wherein the attachment component of the first pool cover and the attachment component of the second pool cover are attached to opposite edges of the perimeter wall (see para. [0036]).
Regarding claim 18, the system of claim 16, wherein the attachment component of the first pool cover and the attachment component of the second pool cover are attached to adjacent edges of the perimeter wall (see para. [0036]).
Regarding claim 19, the system of claim 16, wherein the attachment component of the first pool cover and the attachment component of the second pool cover are attached to one or more arched edges of the perimeter wall at an end of a pool (see para. [0036]).
Claim(s) 1-2, 4-6, 11-13, and 15 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2010/0294331 (hereinafter Carnation).
Regarding cliam 1, Carnation discloses a device comprising a sheet (25) comprising a first plurality of photovoltaic (PV) cells (see Figs. 1 and 2C: one of the rows or columns of 27-30) and a second plurality of PV cells (see Figs. 1 and 2C: another one of the rows or columns of 27-30); and a motor (see para. [0015]) configured to actuate the sheet between an open configuration (see Fig. 5) and a closed configuration, wherein the first plurality of PV cells are disposed on a first portion of the sheet such that, in the open configuration, the first plurality of PV cells are exposed to sunlight (see Fig. 1), and wherein the second plurality of PV cells are disposed on a second portion of the sheet such that, in the closed configuration, the second plurality of PV cells are exposed to sunlight (see Fig. 1).
Regarding claim 2, the device of claim 1, wherein, in the closed configuration, the sheet is wound about a rotatable shaft (roller 14).
Regarding claim 4, the device of claim 1, wherein the second plurality of PV cells (see Fig. 1: one of the rows or columns at one perimeter edge) are disposed on an opposite side of the sheet as the first plurality of PV cells (see Fig. 1: another one of the rows or columns at the opposite perimeter edge to the second PV cells).
Regarding claim 5, the device of claim 1, wherein the second plurality of PV cells (see Fig. 1: second row or column at one perimeter edge adjacent to the first) are disposed on a same side of the sheet as the first plurality of PV cells (see Fig. 1: first row or column at one perimeter edge).
Regarding claim 6, the device of claim 1, further comprising a ridge (see Fig. 2C: the ridge locates between first and third rows of PV cells), wherein the second plurality of PV cells are located on the ridge (between the first and third rows).
Regarding claim 11, the device of claim 1, wherein the first plurality of PV cells and the second plurality of PV cells comprise a flexible substrate (see para. [0017]: a flexible material).
Regarding claim 12, the device of claim 1, wherein the first plurality of PV cells and the second plurality of PV cells are flexible (see para. [0017]: a flexible material).
Regarding claim 13, the device of claim 1, further comprising: an electrical energy storage device (transfer box 44).
Regarding claim 15, the device of claim 13, wherein the electrical energy storage device is configured to receive power from the first plurality of PV cells when the sheet is in the open configuration (see para. [0021]).
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.
Claim(s) 7-8 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Carnation in view of US 3,871,033 (hereinafter Bartlett).
Regarding claims 7-8, Carnation teaches all of the claimed limitation as discussed above regarding claim 1 except for the limitation of the sheet comprises air pockets configured to float the sheet on top of a swimming pool in the open configuration, wherein the air pockets are configured to deflate when the sheet is actuated from the open configuration to the closed configuration. Although Carnation is silent as to the specific of the sheet, it does disclose various alternative methods of bonding photovoltaic cells such as “a preexisting pool cover enabling composite 24 to reside on top of or submerged within water body 12.” Bartlett teaches the alternative pool cover (sheet as claimed) (see Fig. 8) comprises air pockets (28) configured to float the sheet on top of a swimming pool in the open configuration, wherein the air pockets are configured to deflate when the sheet is actuated from the open configuration to the closed configuration (dashed lines at the bottom). Accordingly, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have replaced the pool cover (25) of Carnation with a pool cover having air pockets as taught by Bartlett, wherein doing so would merely be substituting equivalents known for the same purpose. An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). See MPEP 2144.06.
Regarding claim 20, Carnation teaches a method for opening a pool cover of a pool, comprising operating, via a controller, a motor; rotating, via the motor, a rotatable shaft (roller 14) to unwrap a photovoltaic (PV) sheet from the rotatable shaft and to extend the PV sheet from the rotatable shaft (see para. [0015]). Carnation does not teach inflating, via an inflation device, an inflatable portion of the PV sheet, thereby enabling floatation of the PV sheet on water of the pool. Carnation does disclose various alternative methods of bonding photovoltaic cells such as “a preexisting pool cover enabling composite 24 to reside on top of or submerged within water body 12.” Bartlett teaches the alternative pool cover (sheet as claimed) (see Fig. 8) comprises air pockets (28) configured to float the sheet on top of a swimming pool in the open configuration, wherein the air pockets are configured to deflate (via an inflation device 3d) when the sheet is actuated from the open configuration to the closed configuration (dashed lines at the bottom). Accordingly, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have replaced the pool cover (25) of Carnation with a pool cover having air pockets as taught by Bartlett, wherein doing so would merely be substituting equivalents known for the same purpose. An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). See MPEP 2144.06. In so doing, Carnation in view of Bartlett would obviously teach the method of inflating, via an inflation device, an inflatable portion of the PV sheet, thereby enabling floatation of the PV sheet on water of the pool.
Conclusion
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/TUAN N NGUYEN/Primary Examiner, Art Unit 3754