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 .
Status of Claims
Claims 1, 3-5, 7-8, 13-18, 20, and 22-26 are presently under consideration as set forth in applicant’s response filed 06 July 2026. Claims 2, 6, 9-12, 19 and 21 are cancelled by applicant’s amendments to the claims.
Applicant’s amendments to the claims have overcome the prior art rejections of record but upon further search and consideration of applicant’s newly amended claims, a new grounds of rejection of the claims over the prior art of record is presented below.
Applicant’s amendments to the claims have raised a new issue of indefiniteness recited below.
Applicant’s arguments and remarks where applicable are addressed below.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 8 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 8 depends from claim 4 and recites “at least said thermoformed top-layer”, but claim 8 lacks antecedent basis for recitations of “said thermoformed top-layer” and it’s not clear what layer is being referenced. As such, the scope of claim 8 cannot be determined and is rendered indefinite.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 3-4, 13, 20, 22 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Giron et al (US 2015/0136207), in further in view of Masuda et al (US 2014/0305504) and further in view of CHU et al (US 2017/0365755).
Regarding claim 1 Giron discloses an article comprising:
a vehicular component, that is configured to be a part of a vehicle (Abstract, [0009], Fig. 1 see: roof panel with an integrated photovoltaic module for a motor vehicle);
wherein the vehicular component has an outwardly-facing non-planar surface, which has integrally, permanently, non-removably and non-detachably embedded therein a matrix comprising a plurality of electrically inter-connected generally-flexible solar cells (Abstract, [0009], [0011], [0059], [0061] Figs. 1-2 see: curved roof panel with an integrated photovoltaic module including array of flexible solar cells 6 embedded in thermoplastic layer 3 and thus considered permanently, non-removably and non-detachable embedded within the vehicle roof);
wherein the electrically inter-connected generally-flexible solar cells that are embedded within said vehicular component, generate electricity from light and provide electricity to said vehicle (para [0052]);
wherein the at least one of said generally-flexible solar cells comprises a semiconductor wafer ([0021] Figs. 1-2 see: photovoltaically active absorber layers 8 formed from crystalline silicon, for example, monocrystalline silicon, or polycrystalline silicon).
Giron does not explicitly disclose where said semiconductor wafer is trenched or grooved by non-transcending craters, that penetrate into between 51 to 99 percent of an entire thickness of said semiconductor wafer;
wherein said non-transcending craters are filled, at least partially, with a filler material; wherein said filler material further absorbs and dissipates mechanical forces that are applied to said solar cell;
wherein said filler material provides further mechanical resilience and flexing capability to said solar cell; and
wherein said non-transcending craters provide mechanical resilience and flexing capability to said at least one of said generally-flexible solar cells, and absorb and dissipate mechanical forces that are applied to said at least one of said generally-flexible solar cells.
Masuda further teaches generally-flexible solar cells ([0044], Fig. 9 see: solar cell 10 provided with flexibility from grooves (7)) comprises a semiconductor wafer ([0027] Fig. 2 see: power generating layer 1 formed from n-type monocrystalline semiconductor substrate of Si) that is trenched or grooved by non-transcending craters, that penetrate into between 51 to 99 percent of an entire thickness of said semiconductor wafer ([0029], Fig. 2 see: grooves 7 with a depth t of about 100 µm in a 150 µm thick power generation layer 1); wherein said non-transcending craters provide mechanical resilience and flexing capability to said solar cell, and absorb and dissipate mechanical forces that are applied to said solar cell (para [0044] and Fig. 9 see: grooves 7 allowing deformation and thus providing flexibility and mechanical resilience). Masuda teaches this better allows the solar cells to conform to vehicle surfaces where they are mounted (para [0044]).
Masuda and Giron are combinable as they are both concerned with the field of solar cells for curved vehicle surfaces.
It would have been obvious to one having ordinary skill in the art at the time of the invention to modify the article of Giron such that at least one of the solar cells of Giron comprises a semiconductor wafer ([0027] Fig. 2 see: power generating layer 1 formed from n-type monocrystalline semiconductor substrate of Si) that is trenched or grooved by non-transcending craters, that penetrate into between 51 to 99 percent of an entire thickness of said semiconductor wafer as in Masuda ([0029], Fig. 2 see: grooves 7 with a depth t of about 100 µm in a 150 µm thick power generation layer 1) wherein said non-transcending craters provide mechanical resilience and flexing capability to said solar cell, and absorb and dissipate mechanical forces that are applied to said solar cell as in Masuda (para [0044] and Fig. 9 see: grooves 7 allowing deformation and thus providing flexibility and mechanical resilience) as Masuda teaches these grooved silicon solar cells better allow the solar cells to flex and conform to curved vehicle surfaces where they are mounted (para [0044]).
Further, the claim 1 recitation “wherein said non-transcending craters provide mechanical resilience and flexing capability to said at least one of said generally flexible solar cells, and absorb and dissipate mechanical forces that are applied to said at least one of said generally-flexible solar cells” is directed to an intended use of the claimed generally-flexible solar cell. A recitation directed to the manner in which a claimed apparatus is intended to be used does not distinguish the claimed apparatus from the prior art, if the prior art has the capability to so perform. See MPEP 2111.02, 2112.01 and 2114-2115.
Masuda teaches in para [0044] and Fig. 9 the grooves 7 providing bending (flexibility) and thus at least one of said generally-flexible solar cell of modified Giron is considered fully capable of providing mechanical resilience, and absorb and dissipate mechanical forces through said bending action.
Furthermore, CHU teaches wherein said non-transcending craters are filled, at least partially, with a filler material; wherein said filler material further absorbs and dissipates mechanical forces that are applied to said solar cell; wherein said filler material provides further mechanical resilience and flexing capability to said solar cell (CHU, [0098], [0110]-[0111], [0118], [0120] Figs. 7B and 9B see: semiconductor unit 11 with gap regions B filled with organic or inorganic flowable material 16 with stretch properties including voids or air gaps 17 providing a damper effect against vibrational shocks).
CHU and modified Giron are combinable as they are both concerned with the field of flexible solar cells.
It would have been obvious to one having ordinary skill in the art at the time of the invention to modify the apparatus of modified Giron such that the non-transcending craters of the at least one generally flexible solar cells are filled, at least partially, with a filler material; wherein said filler material further absorbs and dissipates mechanical forces that are applied to said solar cell; wherein said filler material provides further mechanical resilience and flexing capability to said solar cell as in CHU (Figs. 7B and 9B) as CHU teaches this allows the grooves/gaps with filler material and voids to provide a damper effect to absorb and dissipate vibration shock waves (CHU, [0098], [0110]-[0111], [0118], [0120] Figs. 7B and 9B see: semiconductor unit 11 with gap regions B filled with organic or inorganic flowable material 16 including voids or air gaps 17).
Further the claim 1 recitations “wherein at least one of said generally-flexible solar cells is flexible and rollable and non- brittle prior to its embedding into said vehicular component, and maintains most of its capability to convert light into electricity even upon flexing or rolling of its structure” and “wherein the at least one of said generally-flexible solar cells continues to have at least some flexing and curving capability and continues to remain functional and non-brittle, upon and subsequent to its embedding into said vehicular component” are directed to an intended use of the claimed generally-flexible solar cells. A recitation directed to the manner in which a claimed apparatus is intended to be used does not distinguish the claimed apparatus from the prior art, if the prior art has the capability to so perform. See MPEP 2111.02, 2112.01 and 2114-2115.
The generally flexible solar cells of modified Giron are considered fully capable of performing the claimed functions for the reasons recited above.
Regarding claim 3 modified Giron discloses the article of claim 1, wherein the generally-flexible solar cells are embedded within the outwardly-facing non-planar surface of said vehicular component (Giron, Abstract, [0009], [0011], Fig. 1 see: curved roof panel with an integrated photovoltaic module for a motor vehicle), and they are sandwiched between a top-side encapsulant and a bottom-side encapsulant that hold and mechanically protect said generally-flexible solar cells (Giron, [0067], Fig. 4 see: solar cells 6 between first and the second thermoplastic film 11, 12); wherein at least the top-side encapsulant is at least mostly transparent or at least mostly translucent to light, and enables passage of incoming light from an external surrounding of the vehicle towards an active surface of the generally-flexible solar cells (Giron, [0018]-[0019])
Regarding claim 4 modified Giron discloses the article of claim 3, wherein a stack of (I) said top-side encapsulant and (II) said generally-flexible solar cells and (III) said bottom-side encapsulant, is further sandwiched between a topsheet and a backsheet that hold and mechanically protect said stack (Giron, [0067], Fig. 4 see: substrate 1 and outer pane 2);
wherein at least the topsheet is at least mostly transparent or at least mostly translucent to light, and enables passage of incoming light from the external surrounding of the vehicle towards the active surface of the generally-flexible solar cells (Giron, [0018]-[0019]).
Regarding claim 13 modified Giron discloses the article of claim 1, wherein said generally-flexible solar cells are arranged in a non-planar three-dimensional arrangement, that matches and follows a three-dimensional contour of said vehicular component (Giron, Abstract, Figs. 1-3 see: solar cells integrated in a vehicle roof are arranged in an array and further follow a curved shape of the vehicle roof); and the claim 13 recitation “wherein said non-planar three-dimensional arrangement of said generally-flexible solar cells, that are embedded within said vehicular component, is configured to increase or optimize exposure of said generally-flexible solar cells to incoming light” is directed to an intended use of the claimed solar cell arrangement.
A recitation directed to the manner in which a claimed apparatus is intended to be used does not distinguish the claimed apparatus from the prior art, if the prior art has the capability to so perform. See MPEP 2111.02, 2112.01 and 2114-2115.
The smoothly curved and continuous three dimensional photovoltaic cells manufactured in the shape of the non-planar roof in modified Giron are considered fully capable of thus increasing or optimizing exposure of said generally-flexible solar cells to incoming light.
Regarding claim 20 modified Giron discloses the article of claim 1, wherein the vehicular component is a component selected from the group consisting of a non-planar car roof (Giron, Abstract, [0011], [0052]).
Regarding claim 22 Giron discloses a method of manufacturing a vehicular component, the method comprising:
producing a plurality of generally-flexible solar cells, that are flexible ([0011], [0021] Figs, 1-2 see: formed array of flexible solar cells 6);
electrically inter-connecting the plurality of generally-flexible solar cells ([0064], Figs, 1-3 see: solar cells 6 interconnected with electrically conductive connecting elements 5);
three-dimensionally structuring the plurality of generally-flexible solar cells, in accordance with a pre-defined three-dimensional structure that matches and follows a three-dimensional contour of said vehicular component ([0011], [0021] Figs, 1-2 see: formed array of flexible solar cells 6 are bendable to conform to curvature of a vehicle roof);
embedding a matrix comprising the plurality of generally-flexible solar cells into an outwardly-facing non-planar surface of said vehicular component (Abstract, [0009], [0011], [0059], [0061] Figs. 1-2 see: curved roof panel with an integrated photovoltaic module including array of flexible solar cells 6 embedded in thermoplastic layer 3);
providing electrical connectors that are embedded within said vehicular component, to an electricity-consuming device of a vehicle that includes said vehicular component ([0052] Figs. 1-2 see: busbars 7 delivering power from solar cells 6 to a battery of the vehicle or used for cooling or powering heatable window);
wherein the at least one of said generally-flexible solar cells comprises:
a semiconductor wafer ([0021] Figs. 1-2 see: photovoltaically active absorber layers 8 formed from crystalline silicon, for example, monocrystalline silicon, or polycrystalline silicon)
Giron does not explicitly disclose where said semiconductor wafer is trenched or grooved by non-transcending craters, that penetrate into between 51 to 99 percent of an entire thickness of said semiconductor wafer; wherein said non-transcending craters are filled, at least partially, with a filler material; wherein said filler material further absorbs and dissipates mechanical forces that are applied to said solar cell; wherein said filler material provides further mechanical resilience and flexing capability to said solar cell; and wherein said non-transcending craters provide mechanical resilience and flexing capability to said at least one of said generally-flexible solar cells, and absorb and dissipate mechanical forces that are applied to said at least one of said generally-flexible solar cells.
Masuda further teaches generally-flexible solar cells ([0044], Fig. 9 see: solar cell 10 provided with flexibility from grooves (7)) comprises a semiconductor wafer ([0027] Fig. 2 see: power generating layer 1 formed from n-type monocrystalline semiconductor substrate of Si) that is trenched or grooved by non-transcending craters, that penetrate into between 51 to 99 percent of an entire thickness of said semiconductor wafer ([0029], Fig. 2 see: grooves 7 with a depth t of about 100 µm in a 150 µm thick power generation layer 1); wherein said non-transcending craters provide mechanical resilience and flexing capability to said solar cell, and absorb and dissipate mechanical forces that are applied to said solar cell (para [0044] and Fig. 9 see: grooves 7 allowing deformation and thus providing flexibility and mechanical resilience). Masuda teaches this better allows the solar cells to conform to vehicle surfaces where they are mounted (para [0044]).
Masuda and Giron are combinable as they are both concerned with the field of solar cells for curved vehicle surfaces.
It would have been obvious to one having ordinary skill in the art at the time of the invention to modify the method of Giron such that at least one of the solar cells of Giron comprises a semiconductor wafer ([0027] Fig. 2 see: power generating layer 1 formed from n-type monocrystalline semiconductor substrate of Si) that is trenched or grooved by non-transcending craters, that penetrate into between 51 to 99 percent of an entire thickness of said semiconductor wafer as in Masuda ([0029], Fig. 2 see: grooves 7 with a depth t of about 100 µm in a 150 µm thick power generation layer 1) wherein said non-transcending craters provide mechanical resilience and flexing capability to said solar cell, and absorb and dissipate mechanical forces that are applied to said solar cell as in Masuda (para [0044] and Fig. 9 see: grooves 7 allowing deformation and thus providing flexibility and mechanical resilience) as Masuda teaches these grooved silicon solar cells better allow the solar cells to flex and conform to curved vehicle surfaces where they are mounted (para [0044]).
Further, the claim 22 recitation “wherein said non-transcending craters provide mechanical resilience and flexing capability to said at least one of said generally flexible solar cells, and absorb and dissipate mechanical forces that are applied to said at least one of said generally-flexible solar cells” Masuda teaches in para [0044] and Fig. 9 the grooves 7 providing bending (flexibility) and thus at least one of said generally-flexible solar cell of modified Giron is considered fully capable of providing mechanical resilience, and absorb and dissipate mechanical forces through said bending action.
Furthermore, CHU teaches wherein said non-transcending craters are filled, at least partially, with a filler material; wherein said filler material further absorbs and dissipates mechanical forces that are applied to said solar cell; wherein said filler material provides further mechanical resilience and flexing capability to said solar cell (CHU, [0098], [0110]-[0111], [0118], [0120] Figs. 7B and 9B see: semiconductor unit 11 with gap regions B filled with organic or inorganic flowable material 16 with stretch properties including voids or air gaps 17 providing a damper effect against vibrational shocks).
CHU and modified Giron are combinable as they are both concerned with the field of flexible solar cells.
It would have been obvious to one having ordinary skill in the art at the time of the invention to modify the method of modified Giron such that the non-transcending craters of the at least one generally flexible solar cells are filled, at least partially, with a filler material; wherein said filler material further absorbs and dissipates mechanical forces that are applied to said solar cell; wherein said filler material provides further mechanical resilience and flexing capability to said solar cell as in CHU (Figs. 7B and 9B) as CHU teaches this allows the grooves/gaps with filler material and voids to provide a damper effect to absorb and dissipate vibration shock waves (CHU, [0098], [0110]-[0111], [0118], [0120] Figs. 7B and 9B see: semiconductor unit 11 with gap regions B filled with organic or inorganic flowable material 16 including voids or air gaps 17).
Further the claim 22 recitations where “the plurality of generally-flexible solar cells that are rollable and non-brittle, and that remain functional even upon flexing or curving or rolling” and “wherein at least one of said generally-flexible solar cells is flexible and rollable and non- brittle prior to its embedding into said vehicular component, and maintains most of its capability to convert light into electricity even upon flexing or rolling of its structure” and “wherein the at least one of said generally-flexible solar cells continues to have at least some flexing and curving capability and continues to remain functional and non-brittle, upon and subsequent to its embedding into said vehicular component” are directed to an intended use of the claimed generally-flexible solar cells. A recitation directed to the manner in which a claimed apparatus is intended to be used does not distinguish the claimed apparatus from the prior art, if the prior art has the capability to so perform. See MPEP 2111.02, 2112.01 and 2114-2115.
The generally flexible solar cells of modified Giron are considered fully capable of performing the claimed functions for the reasons and flexible structure including the non-transcending craters recited above.
Regarding claim 26 modified Giron discloses the article of claim 1, wherein the vehicle is a car, a truck, an electric vehicle, or a train (Giron, para [0052]).
Claims 5 and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Giron et al (US 2015/0136207), in view of Masuda et al (US 2014/0305504) in view of CHU et al (US 2017/0365755) as applied to claims 1, 3-4, 13, 20, 22 and 26 above, and further in view of Chen et al (JP 2014042009A, reference made to attached English machine translation) and further in view of Willham et al (US 2013/0061913).
Regarding claim 5 modified Giron discloses the article of claim 4, but does not explicitly disclose wherein a stacked set of (I) said topsheet and (II) said top-side encapsulant and (III) said generally-flexible solar cells and (IV) said bottom-side encapsulant and (V) said backsheet, is further sandwiched between a thermoformed top-layer and a thermoformed bottom-layer; wherein at least the thermoformed top-layer is at least mostly transparent or at least mostly translucent to light, and enables passage of incoming light from the external surrounding of the vehicle towards the active surface of the generally-flexible solar cells.
However Chen teaches a solar cell module for buildings and vehicles (Abstract) comprising a stacked set of (I) a topsheet ([0075], [0040], [0044] Figs. 3-5 see: layer 8 (reinforcing layer 1)) and (II) a top-side encapsulant ([0075], [0033]-[0034], Figs. 3-5 see: layer 4 (intermediate layer 1)) and (III) solar cells ([0075], [0024] Figs. 3-5 see: Photoelectric conversion layer 3) and (IV) said bottom-side encapsulant ([0075], [0033]-[0034], Figs. 3-5 see: layer 5 (intermediate layer 2)) and (V) said backsheet ([0075], [0040], [0044], Figs. 3-5 see: layer 9 (reinforcing layer 2)), is further sandwiched between a top-layer ([0075], [0012]-[0013], Figs. 3-5 see: surface protective layer 1) and a bottom-layer ([0075], [0028], Figs. 3-5 see: back protective layer 2); wherein at least the top-layer is at least mostly transparent or at least mostly translucent to light, and enables passage of incoming light from the external surrounding of the vehicle towards the active surface of the solar cells (para [0012]). Chen teaches these layers prevents damage of the solar cells or buckling of the connecting wires during manufacture (Chen, [0011]).
Chen and modified Giron are combinable as they are both concerned with the field of solar cells modules for vehicles.
It would have been obvious to one having ordinary skill in the art at the time of the invention to modify the apparatus of Giron in view of Chen such that the article of Giron comprises a stacked set of (I) a topsheet as in Chen ([0075], [0040], [0044] Figs. 3-5 see: layer 8 (reinforcing layer 1)) and as in Chen (II) a top-side encapsulant ([0075], [0033]-[0034], Figs. 3-5 see: layer 4 (intermediate layer 1)) and (III) the solar cells of Giron and (IV) a bottom-side encapsulant as in Chen ([0075], [0033]-[0034], Figs. 3-5 see: layer 5 (intermediate layer 2)) and (V) a backsheet as in Chen ([0075], [0040], [0044], Figs. 3-5 see: layer 9 (reinforcing layer 2)), which is further sandwiched between a top-layer as in Chen ([0075], [0012]-[0013], Figs. 3-5 see: surface protective layer 1) and a bottom-layer as in Chen ([0075], [0028], Figs. 3-5 see: back protective layer 2); wherein at least the top-layer is at least mostly transparent or at least mostly translucent to light, and enables passage of incoming light from the external surrounding of the vehicle towards the active surface of the solar cells of Giron as in Chen (para [0012]) as Chen teaches these layers prevents damage of the solar cells or buckling of the connecting wires during manufacture (Chen, [0011]).
Modified Giron does not explicitly disclose where the top-layer and bottom-layer are each thermoformed.
However, Willham teaches solar cell modules where the top-layer and bottom-layer are each thermoformed (Abstract, [0047]-[0049], [0066], [0142], Figs. 3A-3B, and 5 see: laminate assembly 140a having top and bottom pre-formed substrate 130a that are thermoformed). Willham teaches this allows flexible solar cells to be integrated into an aesthetically pleasing or structurally functional shape (Abstract, [0143]).
Willham and modified Giron are combinable as they are both concerned with the field of flexible solar cells in shaped solar cell modules.
It would have been obvious to one having ordinary skill in the art at the time of the invention to modify the apparatus of Giron in view of Willham such that the top-layer and bottom-layer of modified Giron are each thermoformed as taught by Willham (Abstract, [0047]-[0049], [0066], [0142], Figs. 3A-3B, and 5 see: laminate assembly 140a having top and bottom pre-formed substrate 130a that are thermoformed) for the purpose of imparting an aesthetically pleasing or structurally functional shape as taught by Willham (Abstract, [0143]).
Regarding claim 7 modified Giron discloses the article of claim 5, wherein at least said thermoformed top-layer is formed of polycarbonate (Giron, [0030] Fig. 2 see: outer pane 2 can be formed of polycarbonate) this is also taught by Willham ([0043]-[0044], Fig. 5 see: pre-formed substrates 130a are polymers such as polycarbonate) and Chen ([0075], [0012]-[0013], Figs. 3-5 see: surface protective layer 1 made of a material such as polycarbonate).
Regarding claim 8 modified Giron discloses the article of claim 4, wherein at least said thermoformed top-layer is formed of one or more materials selected from the group consisting of: Polypropylene (PP), polyvinyl chloride (PVC), polyethylene terephthalate (PET), (Willham, [0043]-[0044], Fig. 5 see: pre-formed substrates 130a are polymers such as Polypropylene (PP), polyvinyl chloride (PVC), polyethylene terephthalate (PET)).
Claims 14, 16 and 23-24 are rejected under 35 U.S.C. 103 as being unpatentable over Giron et al (US 2015/0136207), in view of Masuda et al (US 2014/0305504) in view of CHU et al (US 2017/0365755) as applied to claims 1, 3-4, 13, 20, 22 and 26 above, and further in view of Willham et al (US 2013/0061913).
Regarding claim 14 modified Giron discloses the article of claim 1, but does not explicitly disclose wherein the generally-flexible solar cells are embedded within a thermoformed sandwich of two thermoformed layers, of said vehicular component.
Willham teaches manufacturing solar cell modules where a top-layer and a bottom-layer are each thermoformed to produce a stacked sandwich of at least: (i) a top-side thermoformed layer, and (ii) generally-flexible solar cells, and (iii) a bottom-side thermoformed layer (Abstract, [0047]-[0049], [0066], [0142], Figs. 3A-3B, and 5 see: laminate assembly 140a having top and bottom pre-formed substrate 130a that are thermoformed encapsulating OPV component 104). Willham teaches this allows flexible solar cells to be integrated into an aesthetically pleasing or structurally functional shape (Abstract, [0143]).
Willham and modified Giron are combinable as they are both concerned with the field of flexible solar cells in shaped solar cell modules.
It would have been obvious to one having ordinary skill in the art at the time of the invention to modify the apparatus of Giron in view of Willham such that the generally-flexible solar cells of Giron are embedded within a thermoformed sandwich of two thermoformed layers as in Willham (Abstract, [0047]-[0049], [0066], [0142], Figs. 3A-3B, and 5 see: laminate assembly 140a having top and bottom pre-formed substrate 130a that are thermoformed encapsulating OPV component 104), of said vehicular component of Giron for the purpose of imparting an aesthetically pleasing or structurally functional shape as taught by Willham (Abstract, [0143]).
Regarding claim 16 modified Giron discloses article of claim 1, wherein the generally-flexible solar cells are embedded within a molded sandwich of two molded layers of said vehicular component (Giron see Fig. 2) but Giron does not explicitly disclose wherein each of said two molded layers is an Injection Molded layer; wherein the generally-flexible solar cells are solar cells that have underwent insertion into a heated mold cavity of an Injection Molding machine.
Willham discloses forming two encapsulating layers for solar cell modules as Injection Molded layers (Willham, [0050] Figs. 3A-3B see: pre-formed substrates 130a can be formed by conventional injection molding techniques).
Willham and Giron are combinable as they are both concerned with the field of flexible solar cells in shaped solar cell modules.
It would have been obvious to one having ordinary skill in the art at the time of the invention to modify the apparatus of Giron in view of Willham such that each of said two molded layers of Giron is an Injection Molded layer as in Willham (Willham, [0050] Figs. 3A-3B see: pre-formed substrates 130a can be formed by conventional injection molding techniques) as such a modification would have amounted to the use of a conventional molding technique for its intended use of forming a curved or shaped solar cell module encapsulation layer.
Furthermore, the claim 16 recitation “wherein the generally-flexible solar cells are solar cells that have underwent insertion into a heated mold cavity of an Injection Molding machine” is directed to a method of manufacturing the claimed article.
The determination of patentability is determined by the recited structure of the apparatus and not by a method of making said structure. A claim containing a recitation with respect to the manner in which a claimed apparatus is made does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim. See MPEP 2113 and 2114.
The article of modified Giron is considered to meet all of the structural limitations of an article having generally-flexible solar cells that are solar cells that have underwent insertion into a heated mold cavity of an Injection Molding machine.
Regarding claim 23 modified Giron discloses the method of claim 22, but does not explicitly disclose wherein the embedding comprises: performing a thermoforming process that produces a stacked sandwich of at least: (i) a top-side thermoformed layer, and (ii) said generally-flexible solar cells, and (iii) a bottom-side thermoformed layer.
Willham teaches manufacturing solar cell modules where a top-layer and a bottom-layer are each thermoformed to produce a stacked sandwich of at least: (i) a top-side thermoformed layer, and (ii) generally-flexible solar cells, and (iii) a bottom-side thermoformed layer (Abstract, [0047]-[0049], [0066], [0142], Figs. 3A-3B, and 5 see: laminate assembly 140a having top and bottom pre-formed substrate 130a that are thermoformed encapsulating OPV component 104). Willham teaches this allows flexible solar cells to be integrated into an aesthetically pleasing or structurally functional shape (Abstract, [0143]).
Willham and Giron are combinable as they are both concerned with the field of flexible solar cells in shaped solar cell modules.
It would have been obvious to one having ordinary skill in the art at the time of the invention to modify the method of Giron in view of Willham such that the embedding of Giron comprises: performing a thermoforming process that produces a stacked sandwich of at least: (i) a top-side thermoformed layer, and (ii) said generally-flexible solar cells, and (iii) a bottom-side thermoformed layer as in Willham (Abstract, [0047]-[0049], [0066], [0142], Figs. 3A-3B, and 5 see: laminate assembly 140a having top and bottom pre-formed substrate 130a that are thermoformed encapsulating OPV component 104) for the purpose of imparting an aesthetically pleasing or structurally functional shape as taught by Willham (Abstract, [0143]).
Regarding claim 24 modified Giron discloses the method of claim 23, and Willham teaches wherein the embedding comprises: producing said stacked sandwich that further includes at least one of: a top-side encapsulant that is sandwiched between (I) a top-side of the generally-flexible solar cells and (II) said top-side thermoformed layer (Fig. 5 see: thermoplastic tie layer 146 or upper encapsulation layer 128 of layer 104 (Fig. 2)); a bottom-side encapsulant that is sandwiched between (I) a bottom-side of the generally-flexible solar cells and (II) said bottom-side thermoformed layer (Fig. 5 see: thermoplastic tie layer 142 or bottom encapsulation layer 120 of layer 104 (Fig. 2)).
Claims 15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Giron et al (US 2015/0136207), in view of Masuda et al (US 2014/0305504) in view of CHU et al (US 2017/0365755) as applied to claims 1, 3-4, 13, 20, 22 and 26 above, and further in view of ARRIZABALAGA CANELLADA et al (US 2017/0250299).
Regarding claim 15 modified Giron discloses the article of claim 1, wherein the generally-flexible solar cells are embedded within a molded sandwich of two molded layers of said vehicular component (Giron, Figs. 2 and 4 see: solar cells 6 between thermoplastic layers 11, 12) but Giron does not explicitly disclose wherein each of said two molded layers is a Resin Transfer Molded layer; wherein the generally-flexible solar cells are solar cells that have underwent insertion into a heated mold cavity of a Resin Transfer Molding machine.
ARRIZABALAGA CANELLADA teaches an encapsulation molding method for a solar cell module where each of two molded layers is a Resin Transfer Molded layer wherein the generally-flexible solar cells are solar cells that have underwent insertion into a heated mold cavity of a Resin Transfer Molding machine (paras [0056], [0058] see: photovoltaic cells arranged in a mold and resin may be introduced inside this mold by means of a pressurized injection where the resin flows through the fiber and around the photovoltaic cells forming said encapsulant layers in an RTM process).
ARRIZABALAGA CANELLADA and Giron are combinable as they are both concerned with the field of solar cells in solar cell modules.
It would have been obvious to one having ordinary skill in the art at the time of the invention to modify the apparatus of Giron in view of ARRIZABALAGA CANELLADA such that each of said two molded layers is a Resin Transfer Molded layer; wherein the generally-flexible solar cells are solar cells that have underwent insertion into a heated mold cavity of a Resin Transfer Molding machine as in ARRIZABALAGA CANELLAD (paras [0056], [0058] see: photovoltaic cells arranged in a mold and resin may be introduced inside this mold by means of a pressurized injection where the resin flows through the fiber and around the photovoltaic cells forming said encapsulant layers in an RTM process) as such a modification would have amounted to the use of a known method for forming solar cell encapsulant layers in the known environment of a solar cell module to accomplish an entirely expected result.
Regarding claim 17 modified Giron discloses the article of claim 1, wherein the generally-flexible solar cells are embedded within the outwardly-facing non-planar surface of said vehicular component (Giron, Abstract, [0009], [0011]) but does not explicitly disclose said surface comprises at least one prepreg layer made from pre-impregnated fibers and a partially cured polymer matrix.
However, ARRIZABALAGA CANELLADA teaches an encapsulation molding method for a solar cell module where the encapsulation comprises at least one prepreg layer made from pre-impregnated fibers and a partially cured polymer matrix where these fiber layers provide for some deformation and for adaptation of the cells to the mold surface when vacuum is applied, avoiding the breakage of the cells (paras [0056], [0060]-[0063] see: lamination including prepregs of fibers which previously have been impregnated with the already premixed resins).
ARRIZABALAGA CANELLADA and Giron are combinable as they are both concerned with the field of solar cells in solar cell modules.
It would have been obvious to one having ordinary skill in the art at the time of the invention to modify the apparatus of Giron in view of ARRIZABALAGA CANELLADA such that the encapsulation of Giron comprises at least one prepreg layer made from pre-impregnated fibers and a partially cured polymer matrix (paras [0056], [0060]-[0063] see: lamination including prepregs of fibers which previously have been impregnated with the already premixed resins) as ARRIZABALAGA CANELLADA teaches where these fiber layers provide for some deformation and for adaptation of the cells to a mold surface when vacuum is applied, avoiding the breakage of the cells (paras [0060]-[0063]).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Giron et al (US 2015/0136207), in view of Masuda et al (US 2014/0305504) in view of CHU et al (US 2017/0365755) as applied to claims 1, 3-4, 13, 20, 22 and 26 above, and further in view of Bullen (US 2018/0244160).
Regarding claim 18 modified Giron discloses the article of claim 1, wherein the generally-flexible solar cells are embedded within the outwardly-facing non-planar surface of said vehicular component (Abstract, [0009], [0011], see Fig. 2) but does not explicitly disclose said vehicular component comprises at least one layer of a composite material of fiber sheets and resin formed in a wet layup.
Bullen teaches an article wherein generally-flexible solar cells are embedded within the outwardly-facing non-planar surface of said vehicular component (Fig. 2F) and at least one layer of a composite material of fiber sheets and resins (Bullen, para [0069] see: the second portion 264 can comprise reinforced fibers that are flattened into a sheet and thermoset in an epoxy or other thermoplastic binding agent).
Bullen and Giron are combinable as they are both concerned with the field of solar cells in non-planar vehicular components.
It would have been obvious to one having ordinary skill in the art at the time of the invention to modify the apparatus of Giron in view of Bullen such that the vehicular component of Giron comprises at least one layer of a composite material of fiber sheets and resins as in Bullen (Bullen, para [0069] see: the second portion 264 can comprise reinforced fibers that are flattened into a sheet and thermoset in an epoxy or other thermoplastic binding agent) as such a modification would have amounted to the use of a known material for its intended use in forming a solar cell module in a non-planar vehicular components to accomplish the expected result of reinforcing the solar cell module.
Further the claim 18 recitation of “formed in a wet layup process” is directed to a method of manufacturing the recited vehicular component. The determination of patentability is determined by the recited structure of the apparatus and not by a method of making said structure. A claim containing a recitation with respect to the manner in which a claimed apparatus is made does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim. See MPEP 2113 and 2114.
Giron as modified by Bullen is considered to teach all of the structural limitation of at least one layer of a composite material of fiber sheets and resin formed in a wet layup.
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Giron et al (US 2015/0136207), in view of Masuda et al (US 2014/0305504) in view of CHU et al (US 2017/0365755) in view of Willham et al (US 2013/0061913) as applied to claims 1, 3-4, 13-14, 16, 20, 22-24 and 26 above, and further in view of Chen et al (JP 2014042009A, reference made to attached English machine translation).
Regarding claim 25 modified Giron discloses the method of claim 23, and Willham discloses wherein the embedding comprises: producing said stacked sandwich that further includes at least one of: a top-side encapsulant that is sandwiched between (I) a top-side of the generally-flexible solar cells and said top-side thermoformed layer (Fig. 5 see: thermoplastic tie layer 146 or upper encapsulation layer 128 of layer 104 (Fig. 2)); a bottom-side encapsulant that is sandwiched between (I) a bottom-side of the generally-flexible solar cells and said bottom-side thermoformed layer (Fig. 5 see: thermoplastic tie layer 142 or bottom encapsulation layer 120 of layer 104 (Fig. 2)).
Modified Giron does not explicitly disclose wherein the embedding includes (II) a topsheet that is located beneath said top-side thermoformed layer and a backsheet that is located over said bottom-side thermoformed layer.
Chen discloses a solar cell module for buildings and vehicles (Abstract) comprising a stacked set of (I) a topsheet ([0075], [0040], [0044] Figs. 3-5 see: layer 8 (reinforcing layer 1)) and (II) a top-side encapsulant ([0075], [0033]-[0034], Figs. 3-5 see: layer 4 (intermediate layer 1)) and (III) solar cells ([0075], [0024] Figs. 3-5 see: Photoelectric conversion layer 3) and (IV) said bottom-side encapsulant ([0075], [0033]-[0034], Figs. 3-5 see: layer 5 (intermediate layer 2)) and (V) said backsheet ([0075], [0040], [0044], Figs. 3-5 see: layer 9 (reinforcing layer 2)), is further sandwiched between a top-layer ([0075], [0012]-[0013], Figs. 3-5 see: surface protective layer 1) and a bottom-layer ([0075], [0028], Figs. 3-5 see: back protective layer 2); wherein at least the top-layer is at least mostly transparent or at least mostly translucent to light, and enables passage of incoming light from the external surrounding of the vehicle towards the active surface of the solar cells (para [0012]). Chen teaches these layers prevents damage of the solar cells or buckling of the connecting wires during manufacture (Chen, [0011]).
Chen and modified Giron are combinable as they are both concerned with the field of solar cells modules for vehicles.
It would have been obvious to one having ordinary skill in the art at the time of the invention to modify the method of Giron in view of Chen such that the method of Giron further comprises a topsheet as in Chen ([0075], [0040], [0044] Figs. 3-5 see: layer 8 (reinforcing layer 1)) located beneath said top-side thermoformed layer of modified Giron and a backsheet as in Chen ([0075], [0040], [0044], Figs. 3-5 see: layer 9 (reinforcing layer 2)) located over said bottom-side thermoformed layer of modified Giron as Chen teaches these layers prevents damage of the solar cells or buckling of the connecting wires during manufacture (Chen, [0011]).
Response to Arguments
Applicant's arguments filed 06 July 2026 have been fully considered but they are not persuasive.
Applicant’s arguments to Matsuda on pages 10-11 of the response have been fully considered but are not found persuasive. As recited above, the grooves (7) of Masuda provide flexibility to the solar cells ([0044], Fig. 9) allowing them to flex and conform to the shape of curved mounting substrates such as a vehicle roof.
Furthermore, as recited above, recitation “wherein said non-transcending craters provide mechanical resilience and flexing capability to said at least one of said generally flexible solar cells, and absorb and dissipate mechanical forces that are applied to said at least one of said generally-flexible solar cells” is directed to an intended use of the claimed generally-flexible solar cell. A recitation directed to the manner in which a claimed apparatus is intended to be used does not distinguish the claimed apparatus from the prior art, if the prior art has the capability to so perform. See MPEP 2111.02, 2112.01 and 2114-2115.
Masuda teaches in para [0044] and Fig. 9 the grooves 7 providing bending (flexibility) and thus at least one of said generally-flexible solar cell of modified Giron is considered fully capable of providing mechanical resilience, and absorb and dissipate mechanical forces through said bending action.
Applicant’s arguments that Masuda relies on bending conventional cells which inherently places the semiconductor materials under mechanical stress is not found persuasive as Masuda does not bend conventional cells as they include grooves, and further bending any article place sit under tension and compression stresses, but the grooves in Masuda reduce the force required to bend or flex the semiconductor material. Compared to a conventional cells the grooved cell recited by Masuda provides mechanical resilience, and absorbs and dissipates mechanical forces through said bending action. Applicant’s further arguments to the function of the grooves of Masuda are considered moot as they depend from the arguments rebutted above.
Regarding applicant’s arguments that Masuda does not provide grooves in two orthogonal directions, but only one direction, the examiner disagrees as Masuda at para [0035] and Fig. 4 discloses the grooves 7 extending in both vertical and horizontal directions and thus is capable of flexing (Fig. 9) along either axis.
Additionally, in response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., rows and columns of grooves or non-transcending craters) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Claim 1 recites “a matrix comprising a plurality of electrically inter-connected generally-flexible solar cells” which does not mean or imply the solar cells have rows and columns of grooves or non-transcending craters as argued by applicant, but instead refers to an arrangement of the solar cells.
Applicant’s further arguments to Masuda are considered moot as they depend from the arguments rebutted above.
Applicant’s arguments to CHU on page 11 of the response have been fully considered but are not found persuasive. The cited embodiment of CHU (Fig. 1B) includes non-transcending gaps (gap-B region) that leave an intact and continuous semiconductor layer. See para [0087] of CHU which recites "Multiple gap-B regions are formed inside the Type-B semiconductor assembly module 10b and edge gap regions are formed surround the edge of the Type-B semiconductor assembly module 10b; Please note that a portion of semiconductor layer is not etched and remained in gap-B region. The semiconductor units are connected via the remaining semiconductor layer for Type B semiconductor assembly module 10a". Thus one having ordinary skill in the art would understand the gaps B of CHU to not be fully transcending.
Applicant’s further arguments with respect to claims 1, 3-5, 7-8, 13-18, 20, 22-26 have been considered but are moot either as they rely on the arguments rebutted above or 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
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 ANDREW J GOLDEN whose telephone number is (571)270-7935. The examiner can normally be reached 11am-8pm.
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ANDREW J. GOLDEN
Primary Examiner
Art Unit 1726
/ANDREW J GOLDEN/ Primary Examiner, Art Unit 1726
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