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 § 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.
Claim(s) 1-8 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lu et al. (EP 2398065).
Regarding claim 1, Lu discloses a photovoltaic assembly (1000) for a portable solar energy system (it is disclosed the assembly can be foldable to reduce size during transport and easily installed; [0002]), the photovoltaic assembly comprising:
a row of interconnected photovoltaic panels or laminates (see Figure 1);
a foldable stiffening and/or supporting structure (11) comprising articulated members (10, 41, 21, 42), the foldable stiffening and/or supporting structure being movable between a folded position (see Figure 2), in which the articulated members are received in a receiving zone provided in the photovoltaic assembly (between the photovoltaic panels, such that the articulated members can be folded within the receiving zone in the assembly; see Figure 1), and an operative position (see Figure 3), in which the foldable stiffening and/or supporting structure protrudes out from the receiving zone (see Figure 1);
the receiving zone comprising at least one intermediate region located adjacent to contiguous longitudinal side edges of adjacent photovoltaic panels or laminates (see Figure 1), said intermediate region being configured to receive therein in the folded position one or more of the articulated members of the stiffening and/or supporting structure (see Figure 2, where the articulated members are stowed within or next to each other);
wherein adjacent photovoltaic panels or laminates are interconnected by at least a first connection pin (51) parallel to major surfaces of the photovoltaic panels or laminates and perpendicular to the longitudinal side edges of the photovoltaic panels or laminates (see Figures 1 and 5), and wherein the articulated members comprise a first articulated member (21) having an end portion pivotally connected to said first connection pin (see Figure 2, where 21 is connected to connecting shaft 51).
It is noted that with respect to the claim limitations that the foldable stiffening and/or supporting structure being movable between a folded position, in which the articulated members are received in a receiving zone provided in the photovoltaic assembly, and an operative position, in which the foldable stiffening and/or supporting structure protrudes out from the receiving zone, a claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). See MPEP 2114 II.
Regarding claim 2, Lu discloses all the claim limitations as set forth above, and further discloses the articulated members further comprise a second articulated member (41) having an end portion pivotally connected to said first connection pin (see Figure 2).
Regarding claim 3, Lu discloses all the claim limitations as set forth above, and further discloses the photovoltaic panels or laminates are further interconnected by at least a second connection pin (51 in which 42 is connected to) parallel to the first connection pin (see Figure 1), and wherein the articulated members further comprise a third articulated member (42) having an end portion pivotally connected to said second connection pin (see Figure 3).
Regarding claim 4, Lu discloses all the claim limitations as set forth above, and further discloses at least one of the articulated members (10) define a longitudinal channel (receiving groove 102) configured to receive therein at least one of the other articulated members in the folded position of the stiffening and/or supporting structure (see Figure 2).
Regarding claim 5, Lu discloses a photovoltaic assembly (1000) for a portable solar energy system (it is disclosed the assembly can be foldable to reduce size during transport and easily installed; [0002]), the photovoltaic assembly comprising:
a row of interconnected photovoltaic panels or laminates (see Figure 1);
a foldable stiffening and/or supporting structure (11) comprising articulated members (41, 21, 42), the foldable stiffening and/or supporting structure being movable between a folded position (see Figure 2), in which the articulated members are received in a receiving zone provided in the photovoltaic assembly (between the photovoltaic panels, such that the articulated members can be folded within the receiving zone in the assembly; see Figure 1), and an operative position (see Figure 3), in which the foldable stiffening and/or supporting structure protrudes out from the receiving zone (see Figure 1);
the receiving zone comprising at least one intermediate region located adjacent to contiguous longitudinal side edges of adjacent photovoltaic panels or laminates (see Figure 1), said intermediate region being configured to receive therein in the folded position one or more of the articulated members of the stiffening and/or supporting structure (see Figure 2, where the articulated members are stowed within or next to each other);
wherein the stiffening and/or supporting structure further comprises at least one intermediate beam (10) arranged in at least one of the intermediate regions (see Figure 1), each intermediate beam being joined to adjacent longitudinal side edges of the photovoltaic panels or laminates (the photovoltaic panels are mounted on the top portion 100), and in that the at least one intermediate beam comprises a support section (top portion 100) configured to support the adjacent longitudinal side edges of the adjacent photovoltaic panels or laminates and a receiving section (receiving groove 102) defining a longitudinal channel configured to receive therein one or more of the articulated members in the folded position of the stiffening and/or supporting structure (see Figure 2), the receiving section of the at least one intermediate beam providing at least part of the receiving zone (see Figure 1).
It is noted that with respect to the claim limitations that the foldable stiffening and/or supporting structure being movable between a folded position, in which the articulated members are received in a receiving zone provided in the photovoltaic assembly, and an operative position, in which the foldable stiffening and/or supporting structure protrudes out from the receiving zone, a claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). See MPEP 2114 II.
Regarding claim 6, Lu discloses all the claim limitations as set forth above, and further discloses the photovoltaic panels or laminates have a front side and a back side (inherent property of the photovoltaic panels), and the longitudinal channel defined by the receiving section is open at one side of the at least one intermediate beam corresponding to the back side of the photovoltaic panels or laminates (as shown in Figures 2 and 3, the receiving section is the back side).
Regarding claim 7, Lu discloses all the claim limitations as set forth above, and further discloses the longitudinal channel defined by the receiving section comprises a bottom wall (100) parallel to major surfaces of the photovoltaic panels or laminates (the photovoltaic panel is mounted on the opposite surface, such that it would be parallel to the photovoltaic panel) and mutually facing side walls (101) extending from the bottom wall (see Figure 6).
Regarding claim 8, Lu discloses all the claim limitations as set forth above, and further discloses the support section is formed adjacent to the bottom wall on the side opposing the receiving zone (opposite side of support beam 10; see Figure 6).
Regarding claim 10, Lu discloses all the claim limitations as set forth above, and further discloses the articulated members comprise a first articulated member (21) having an end portion pivotally connected to the side walls of the receiving section of the at least one intermediate beam by a first pivot pin (51) parallel to the bottom wall (see Figure 3).
Allowable Subject Matter
Claims 9 and 11 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Lu does not teach nor render obvious the claimed feature in which the support section is formed by support walls parallel to the bottom wall extending outwards from ends of the side walls farthest from the bottom wall because the support section is opposite the bottom wall, as set forth in the Office Action.
Lu also does not teach nor render obvious the claimed feature in which the first articulated member defines a longitudinal channel which is open at one side thereof is configured to receive therein a second articulated member in the folded position in addition to at least one intermediate beam comprising a receiving section defining a longitudinal channel configured to receive therein one or more of the articulated members in the folded position.
Response to Arguments
Applicant's arguments filed 10/10/25 have been fully considered but they are not persuasive.
Applicant argues that connecting shaft 51 is used to pivotably mount the first standing post 21, the second standing post 22, the strengthening bar 30, the first horizontal beam 41 and the second horizontal beam 42 onto the support beam 10 and does not interconnect photovoltaic panels or laminates as required by claim 1.
However, connecting shafts 51 allow the photovoltaic panels to be interconnected by interconnecting the support beams 10 and horizontal beams 41 and 42 on which the photovoltaic panels are supported. As noted in the instant application’s Figures 1, 2 and 3, connection pin 22 merely connects perimeter frames 15 of photovoltaic panels 1, such that connection pin 22 does not appear to be interconnecting photovoltaic panels as Applicant’s interpretation of their own claims.
Applicant further argues that Lu relates to a support assembly for photovoltaic panels that does not comprise the photovoltaic panels, where support units 11 disclosed by Lu are transported individually in the folded position without being attached to any photovoltaic panel 60, and are assembled and interconnected by the at least one horizontal beam 40 once on site. Applicant states amended claim 1 recites the row of interconnected photovoltaic panels or laminates are permanently connected to the foldable stiffening and/or supporting structure, that is movable between a folded and an unfolded position as claimed.
However, nowhere do the claims require the support assembly to comprise photovoltaic panels during transport or that the photovoltaic panels or laminates are permanently connected to the foldable stiffening and/or supporting structure and has only recited a photovoltaic assembly comprising a row of interconnected photovoltaic panels or laminates but no particulars of how they are configured in relation to the foldable stiffening and/or supporting structure was recited.
Applicant also argues that Lu fails to disclose “each intermediate beam being joined to adjacent longitudinal side edges of the photovoltaic panels or laminates” because support beam 10 is fixed to the corresponding photovoltaic panels 60 by a plurality of latching portions 105 and stopper portions 106 arranged on the top portion 100 of the support beam 10, which necessarily fix the frame of the photovoltaic panels by the longitudinal lower edge thereof and not by the longitudinal side edge of the photovoltaic panel, as claimed in amended claim 5.
However, the support beam 10 of Lu is joined to adjacent longitudinal side edges of the photovoltaic panels because the longitudinal side edges of the photovoltaic panels would be touching the support beam 10, as shown in Figure 1. Additionally, based on Applicant’s assertion, it can be seen in Figure 1 that latching portions 105 are provided along the longitudinal sides of the photovoltaic panels, such that it is unclear why the latching portions 105 would be fixing the frame of the photovoltaic panels by the longitudinal lower edge and not the longitudinal side edge of the photovoltaic panels. Further, it is unclear what is meant by a longitudinal lower edge according to Applicant without annotated figures.
Therefore, the arguments were not found to be persuasive.
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 CHRISTINA CHERN whose telephone number is (408)918-7559. The examiner can normally be reached Monday-Friday, 9:30 AM-5:30 PM PT.
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/CHRISTINA CHERN/Primary Examiner, Art Unit 1722