DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 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.
Claims 1-17 are 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 1 recites the limitation "the splicing angles" on Lines 15-16 and 17. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "the size". There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "the size". There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the other end". There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the outermost side". There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites the limitation "the main body". There is insufficient antecedent basis for this limitation in the claim.
Claim 13 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. The Examiner finds “characterized by comprising” to be unclear. This seems to be a mix of the US standard “comprising” and the international standard of “characterized by”.
Claims 14-17 are 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. In Claim 14, the Examiner finds “characterized by comprising” to be unclear. This seems to be a mix of the US standard “comprising” and the international standard of “characterized by”.
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.
Claims 1-6 and 9-13 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US Patent # 10,935,282 to Gorny.
Regarding claim 1, Gorny teaches in Figures 1B and 8, a photovoltaic profile [square frameset (Column 4, Lines 4-7)] comprising: a first frame (120/800) [single wall frame section (Column 5, Lines 66-67 and Column 8, Lines 62-63)] provided with a first splicing corner [mitered end (Column 9, Lines 1-2)] at each of two opposite ends along a first direction, and having a first installation position (132) [exposed flange channel (Column 6, Lines 2-3)] and a first drainage channel (131) [flange (Column 6, Lines 1-2)] opposite to each other along a second direction; a second frame (120/800) provided with a second splicing corner [mitered end] at each of two opposite ends along the second direction, and having a second installation position (132) and a second drainage channel (131) opposite to each other along the first direction; a third frame (120/800) providing with a third splicing corner [mitered end] at each of two opposite ends along the first direction, and having a third installation position (132) facing the first installation position (132) positioned along the second direction; and a fourth frame (120/800) provided with a fourth splicing corner [mitered end] at each of two opposite ends along the second direction, and having a fourth installation position (132) facing the second installation position (132) along the first direction, wherein the splicing corners [mitered ends] of the frames (120/800) are connected in sequence (Column 2, Line 58), and Figure 2 shows the splicing angles (219) of the first splicing corner and the third splicing corner are both larger than the splicing angles (218) of the second splicing corner and the fourth splicing corner, Figure 8 showing the first and second drainage channels (131, Fig 1B) are interconnected to each other.
Regarding claim 2, Gorny teaches in Figure 1B, the first frame (120) has a first fixing plate (125) with one end connected to a bottom surface (121) of the first frame (120) and extending away [it is below and extends further] from the first installation position (132).
Regarding claim 3, Gorny teaches in Figure 1B, the first frame (120) has a first overlapping plate (127), and the third frame (120) has a second overlapping plate (127), wherein the size of the first overlapping plate (127) along the second direction is equal to the size of the second overlapping plate (127) along the second direction.
Regarding claim 4, Gorny teaches in Figure 1B, the fourth frame (120) has a cover plate (124) opposite to the fourth installation position (132) along the first direction, wherein the size of the cover plate (124) along the first direction is equal to the size of the second drainage channel (131) along the first direction.
Regarding claim 5, Gorny teaches in Figure 1B, the third frame (120) has a second fixing plate (129) with one end connected to a bottom surface (121) of the third frame (120), and the other end extending along the second direction.
Regarding claim 6, Gorny teaches in Figure 1B, a surface of the second fixing plate (129) facing the third installation position (132) is an inclined [vertical] surface.
Regarding claim 9, Gorny teaches in Figure 1B, the fourth frame (120) has a third drainage channel (131) opposite to the fourth installation position (132) along the first direction, wherein Figure 8 shows the first and third drainage channels (131, Fig 1B) are interconnected to each other.
Regarding claim 10, Gorny teaches in Figure 1B, the first, second, third and fourth installation positions (132) all have a bottom surface and two side surfaces respectively connected to two opposite sides of the bottom surface.
Regarding claim 11, Gorny teaches in Figure 1B, the third installation position (132) has a bottom surface and a load bearing plate [lower part of the channel] with one end connected to the bottom surface.
Regarding claim 12, Gorny teaches in Figure 1B, the third frame (120) has a snap fit slot (124) provided on a side surface of the third frame away from the third installation position (132) along the second direction.
Regarding claim 13, Gorny teaches in Figure 4, a photovoltaic roof tile module [array (Column 1, Line 24)] comprising: a photovoltaic profile [square frameset (Column 4, Lines 4-7)] according to Claim 1; and a photovoltaic module (320) (Column 7, Lines 38-39) connected to the photovoltaic profile through the installation positions (132, Fig 1B)
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 7-8 and 14-17 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent # 10,935,282 to Gorny in view of US Patent # 7,915,519 to Kobayashi.
Regarding claims 7-8, Gorny teaches in Figure 1B, the third frame (120) has a body but does not teach an installation bracket detachably connected. However, Kobayashi teaches in Figures 4 and 5, a third frame (1) that has a body and an installation bracket (3) detachably connected; wherein the body has a groove (10) providing on an outermost side of the third frame (1) along the second direction wherein the groove (10) is hook-shaped [for convex shaped connected portion (Column 7, Lines 22-24)]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the connecting key frameset of Gorny with the fixing member of Kobayashi with a reasonable expectation of success because the installation bracket can secure the solar module to the roof (Column 4, Lines 46-65) as Gorny does not directly show connecting the photovoltaic profile to the roof.
Regarding claims 14-17, Gorny teaches a photovoltaic profile but does not teach a photovoltaic roof installation system. However, Kobayashi teaches in Figures 4 and 5, at least two photovoltaic profiles (1) [frame bodies (Column 5, Lines 64-65)]; a photovoltaic module (23) [module glass (Column 5, Line 27)] connected to the photovoltaic profile (1) through the installation position [sandwiched in L-shape (Column 5, Line 29); an installation support (3) [fixing member (Column 4, Line 49)] including an installation plate (4) [cutoff rubber (Column 5, Line 55)] and a pressing plate (11) [connected portions (Column 5, Line 46) arranged opposite to each other, wherein the installation plate (4) is configured to connect to the roof (31) [via fastener 5], and the pressing plate (11) presses a third frame (1) and a first frame (1) of an adjacent photovoltaic profile; wherein the installation support (3) further includes a convex strip (13) with an extending direction the same as an extending direction of the pressing plate (11), and with one end of connected to the installation plate (4), wherein the convex strip (13) is pressed on a first drainage channel (12); the installation support (3) further includes a cantilever shape joint [other end of the pressing plate] with an extension direction the same as an extension direction of the pressing plate (11), wherein one end of the cantilever shape joint (11) is connected to the main body of the installation support (3), and the other end has a protrusion [distal end] protruding towards the pressing plate (11) and hooking the third frame (1); wherein an extending direction of the installation plate (4) is the same as an extending direction of the pressing plate (11). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the connecting key frameset of Gorny with the fixing member of Kobayashi with a reasonable expectation of success because the fixing member of Kobayashi allows for two photovoltaic profiles to be connected together thus expanding the array and being able to generate more electricity.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW J TRIGGS whose telephone number is (571)270-3657. The examiner can normally be reached Mon-Thurs 6am-2pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at (571) 270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW J TRIGGS/Primary Examiner, Art Unit 3635
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