DETAILED ACTION
This is the second Office Action regarding application number 18/757,551, filed on 06/28/2024, which is a CON of PCT/EP2021/087862, filed on 12/30/2021.
This action is in response to the Applicant’s Response received 05/20/2026.
Status of Claims
Claims 1-3, 9-18, and 20 are currently pending.
Claims 4 and 19 are canceled.
Claims 5-8 are withdrawn.
Claims 1-3, 9-18, and 20 are amended.
Claims 1-3, 9-18, and 20 are examined below.
No claim is allowed.
Response to Arguments
The Applicant’s arguments received 05/20/2026 have been carefully considered but they are not found persuasive, and are moot in light of the Office’s new ground of rejection.
The applicant amends the claims to more precisely define a grid connector for grid connection. The examiner cites new prior art teaching this narrowed limitation.
The applicant also asserts that CHEN does not teach one or more solar panels, only a thin film solar cell. Remarks 14. The examiner does not find this argument compelling. CHEN Figure 1 illustrates a solar panel having a plurality of solar cells. Only a single solar panel is required by the claims. The examiner requests that the applicant more thorough explain its position. The examiner notes that the prior art need not use the exact same terminology as the applicant’s claims.
The examiner finally does not understand the thrust of the applicant’s final argument regarding the positioning of the RIS and PV elements. Nothing in CHEN suggests that the relative positioning of the RIS and PV elements is critical, and nothing in the applicant’s disclosure or figures explains any importance regarding this same relative positioning. Therefore, the examiner determines it is obvious to rearrange the known elements according to obvious design logic (see rejections below). The examiner requests that the applicant more thorough explain its position.
Claim Rejections - 35 USC § 112
Indefiniteness
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.
Claims 1-3, 9-18, and 20 are rejected under 35 U.S.C. 112 as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 1 recites “a grid connector for a connection to a grid”. First, as explained below, the applicant does not possess written support for this limitation. Second, the term recited is also unclear with respect to what functions if must perform or what structure it must possess. The specification refers to a controller, such as “a charge controller, and/or an inverter and/or a grid connection controller”. The examiner cannot determine in what manner a grid connection controller would be different or distinguishable from either a charge controller or an inverter, since those are the two common types of interconnection controllers connecting together solar panels. What exactly does “grid connector” mean? The applicant does not point to any particular paragraph or figure of its own disclosure, nor does it explain anything in its remarks.
Claim Rejections - 35 USC § 112
Written Description - New Matter
Claims 1-3, 9-18, and 20 are rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement. The claims contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor had possession of the claimed invention. Claim 1 recites “a grid connector for a connection to a grid”. The specification does not disclose a grid connector. The specification only discloses a “grid connection controller”. The examiner understands the plain meaning of these terms to refer to two distinctly unique objects and functions. All other claims are similarly rejected as they each depend from claim 1.
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1-4 and 9-20 are rejected under 35 U.S.C. 103 as being unpatentable over CHEN (CN 113764900 A) in view of MYER (US 20100029268 A1) .
Regarding claim 1, CHEN teaches a photovoltaic, PV, apparatus for the conversion of light into electrical energy, the PV apparatus comprising:
a surface for receiving incident light (Fig. 1),
PV elements in or at the surface (“thin film solar cell 13”), the PV elements converting light incident on the surface into electrical energy by the photovoltaic effect, and
one or more reconfigurable intelligent surface, RIS, elements (“active reflective element layer 11”) in or at the surface, the one or more RIS elements directing or reflecting one or more incident electromagnetic, EM, waves or one or more incident EM beams (EM from source 5) incident on the surface from an incident first direction into one or more outgoing EM waves or one or more outgoing EM beams propagating along at least one second direction (see illustrate EM reflection, Fig. 1),
wherein the PV apparatus comprises a grid connector for a connection to a gride for feeding energy into the grid (electricity network connected by leads 4; capable of intended use; grid is not specifically defined or restricted in interpretation),
wherein the PV apparatus comprises one or more solar panels (can be multiple solar cells arranged as panels), and each of the solar panels comprises an array of the PV elements (6 rows and 6 columns, Fig. 1; each row column is an array).
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CHEN does not disclose expressly that the one or more RIS elements are located in a space between the PV elements, however, this is only a routine rearrangement and repositioning of known elements and parts, does not actually modify any particularly claimed operation of the device, and is an obvious matter of design choice. MPEP 2144.04(VI)(C).
MYER also discloses grid connectors so that the solar-powered device is connected to a utility grid (para. 50). By providing electrical connections/connectors to a utility grid, batteries can also be used to optimize exactly how the generated electricity is managed.
Skilled artisans would have found it obvious to modify CHEN and also add grid connectors in case there is no sunlight or attached storage batteries are dead, and also to provide power to the grid where there is excess generated electricity, as taught by MYER.
Regarding claim 2, modified CHEN teaches the PV apparatus of claim 1, wherein the RIS acts on the incident EM wave or EM beam so as to create a deflected or reflected or diffused or transmitted or focused or diverged or collimated EM wave or EM beam propagating along the second direction (please see Fig. 1 of CHEN illustrating this reflection).
Regarding claim 3, modified CHEN teaches the PV apparatus of claim 1, wherein the RIS acts on the incident EM wave or EM beam so as to cause
a reflection of a first part of the incident EM wave or EM beam propagating along the second direction, e.g., away from a surface of the RIS (please see Fig. 1 of CHEN illustrating this reflection), and
a transmission of a second part of the incident EM wave or EM beam propagating along a third direction, e.g., through the surface of the RIS.
Regarding claim 4, modified CHEN teaches the PV apparatus of claim 1, wherein the RIS element comprises one or more of the following:
an antenna-array-based structure (“radiation patch” antenna), e.g., a structure comprising reflect-arrays with tunable, e.g., varactor-tuned, resonators, a structure of Micro-Electro-Mechanical-Systems, MEMS, elements, or a structure of Liquid Cristal Display, LCD, elements, or
a meta-surface-based structure, e.g., a frequency selective active base structure utilizing PIN diodes, a structure comprising tunable meta-surfaces with binary phase state capabilities, a structure of binary elements based meta-surfaces, or a structure of PIN diode-equipped cells based meta-surfaces.
Regarding claim 9, modified CHEN teaches the PV apparatus of claim 1, comprising a single layer rigid structure comprising the PV elements and the RIS elements, like a semiconductor substrate or a support plate, or a single layer flexible structure comprising the PV elements and the RIS elements, like a foil or a film (“metal back plate 14 “ or “metal back panel 22”).
Regarding claim 10, modified CHEN teaches the PV apparatus claim 1, wherein
the light to be converted into electrical energy by the PV effect comprises light in the visible or invisible part of the electromagnetic spectrum, e.g., visible light in the wavelengths from 380 nm to 700 nm or ultraviolet radiation or infrared radiation (solar cells can convert wavelengths that are both visible and invisible to the human eye), and
the EM wave or EM beam to be directed or reflected from the incident first direction to the second/third direction comprises an EM wave or EM beam in the electromagnetic spectrum used by a radio communication system, like a 3GPP wireless communication network or a WiFi system, or by a sensing system, like radar and or radio astronomy (CHEN discusses use in radio comms networks).
Regarding claim 11, modified CHEN teaches the PV apparatus of claim 1, comprising a RIS controller (“RIS controller 3”), the RIS controller to configure the RIS to direct or reflect the incident EM wave or EM beam in the second/third direction, and
wherein the RIS controller comprises a processor configured to perform one or more of the following operations:
configure the RIS according to one or more predefined or stored control parameters and/or control instructions,
communicate with one or more network entities, like a base station, of the radio communication system or of the sensing system using the EM wave or EM beam,
communicate with one or more further PV panels with integrated RIS functionality and/or one or more further RIS panels for coordinating RIS functionality,
communicate with respective RIS controllers of one or more further PV panels with integrated RIS functionality and/or of one or more further RIS panels for coordinating RIS functionality (RIS controller would have necessary electronics and software to perform all of these required capabilities and would also be obvious because CHEN is intended to be used in a radio communication network like 6G, etc.).
Regarding claim 12, modified CHEN teaches the PV apparatus of claim 11, wherein
the RIS controller comprises a memory holding the control parameter and/or the control instruction, the RIS controller being preconfigured with the control parameter and/or the control instruction or receiving the control parameter and/or the control instruction from a remote unit, e.g., via a radio link from a network entity of a radio communication system or from a sensing system, and
the control parameter and/or the control instruction defines one or more of the following properties of the EM wave or EM beam propagating along the second/third direction (control parameters/instructions such as AI, “the RIS controller can also be introduced artificial intelligence, big data and combined with other intelligent device, AI algorithm to realize better control”):
a desired phase shift (“adjusting the first phase shift circuit 15 to change the phase of the incident signal”),
a desired signal-to-noise ratio, SNR,
a desired signal-to-noise-and-interference ratio, SINR,
a desired beamwidth,
a desired direction,
a desired polarization,
a desired cross-polar discrimination, XPD,
a desired orbital angular momentum, OAM,
a desired amplification or attenuation (“embodiment can amplify signal amplitude”),
a desired channel rank,
a desired beam sweep,
a desired functionality of the RIS deployment,
a desired functionality of the sensing elements,
a desired functionality of the transmitting elements,
a desired frequency translation, e.g., mixing products or frequency shifts.
Regarding claim 13, modified CHEN teaches the PV apparatus of claim 11, wherein the RIS controller is to communicate with a network entity of the radio communication system or of the sensing system so as to receive and/or transmit one or more of the following:
one or more operation commands, e.g., for turning on/off the RIS or for selecting an operation mode of the RIS, like an uplink, UL, mode or a downlink, DL, mode,
a configuration of the RIS,
a report, e.g., a report indicating a status or performance of the RIS or indicating information regarding the incident and/or outgoing EM wave or EM beam by measuring and reporting channel states,
an identification or registration of the RIS towards the radio communication system or towards the sensing system as a network entity (this is how radio comms works fundamentally; CHEN would be capable of all these actions/functions and prima facie obvious because it has the necessary electrical components and software).
Regarding claim 14, modified CHEN teaches the PV apparatus of claim 11, comprising a PV controller, like a charge controller, and/or an inverter and/or a grid connection controller, wherein the PV controller or an inverter controller or the grid connection controller further comprises the RIS controller (“power supply module is used for storing the electric energy generated by the thin film solar battery and supplying power to the first control circuit board and the RIS controller”).
Regarding claim 15, modified CHEN teaches the PV apparatus of claim 1, comprising a RIS communication device for a communication with one or more entities (“invention belongs to material and communication technology field”), like a base station (“base station 5”) or a user device, of a radio communication system or a sensing system using the EM wave or EM beam to operate, and
wherein the RIS communication device further allows for a communication with one or more entities of the PV environment, like an operator of the PV apparatus, the grid to which the PV apparatus is connected or the manufacturer of the PV apparatus, and wherein the PV apparatus may communicate one or more of the following:
a unique identification of the PV apparatus,
an activation of the PV apparatus,
a registration of the PV apparatus,
a theft or misuse of the PV apparatus,
a performance report of the PV apparatus,
a signal for controlling the ganging or interconnecting with one or more further PV apparatus. The examiner determines that the limitations recite intended use and that the RIS controller and circuit equipment would be capable of performing and achieving the recited actions through obvious configuration (CHEN would be capable of all these actions/functions and prima facie obvious).
Regarding claim 16, modified CHEN teaches the PV apparatus of claim 1,
wherein the RIS is operated using at least a part of the electrical energy acquired by converting the light incident on the surface, and/or
wherein the PV apparatus comprises one or more energy harvesting elements in or at the surface, the energy harvesting element to convert a radiation incident on the surface into electrical energy, and to provide the electrical energy to the RIS for operating the RIS, e.g., for operating a RIS controller and/or a RIS communication device (“power supply module is used for storing the electric energy generated by the thin film solar battery and supplying power to the first control circuit board and the RIS controller”).
Regarding claim 17, modified CHEN teaches the PV apparatus of claim 1, comprising an energy storage for storing electrical energy, e.g., energy acquired by converting the light incident on the surface or energy acquired by the energy harvesting element, the energy storage coupled to the RIS for providing electrical energy for operating the RIS, e.g., for operating a RIS controller and/or a RIS communication device (“the storage battery ensures the power supply can stably continuously supply power to the active RIS part, so that it can normally work at night and day”).
Regarding claim 18, modified CHEN teaches the PV apparatus of claim 1, wherein the PV apparatus is connectable to one or more PV panels with integrated RIS functionality and/or one or more further RIS panels (obvious duplication of parts), and
wherein the PV apparatus is to provide the electrical energy generated by the PV elements or by the energy harvesting elements for use or storage to the one or more PV panels with integrated RIS functionality and/or to the one or more further RIS panels, and/or (“power supply module is used for storing the electric energy generated by the thin film solar battery and supplying power to the first control circuit board and the RIS controller”)
wherein the PV apparatus is to receive additional electrical energy for operating the RIS, e.g., for operating the RIS controller and/or the RIS communication device, from the one or more PV panels with integrated RIS functionality and/or from the one or more further RIS panels, e.g., if an amount of energy generated by the PV apparatus is at or below a predefined threshold.
Regarding claim 19, modified CHEN teaches the PV apparatus of claim 1, comprising
a radiation absorbing structure for converting an incident radiant energy into thermal energy or into electrical energy,
wherein the RIS acts on the incident EM wave or EM beam so as to cause a part of the incident EM wave or EM beam to be directed to the radiation absorbing structure (RIS would be capable to “act” on the EM).
Regarding claim 20, modified CHEN teaches a system for a reflection or redirection of an electromagnetic, EM, wave used by a radio communication system (CHEN describes 6G), like a 3GPP wireless communication network or a WiFi system, or by a sensing system, like radar and or radio astronomy, from an incident first direction to a second direction, the system comprising:
a plurality of apparatuses which are communicatively linked,
wherein the plurality of apparatuses comprising one or more PV apparatuses, the one or more PV apparatus comprising:
a surface to receive incident light (Fig. 1),
PV elements in or at the surface (“thin film solar cell 13”), the PV elements to convert light incident on the surface into electrical energy by the photovoltaic effect, and
one or more reconfigurable intelligent surface, RIS, elements (“active reflective element layer 11”) in or at the surface, the RIS element operating as reconfigurable intelligent surface, RIS, to direct or reflect one or more incident electromagnetic, EM, waves or one or more incident EM beams (EM from source 5) incident on the surface from an incident first direction into one or more outgoing EM waves or one or more outgoing EM beams propagating along at least one second direction (see illustrate EM reflection, Fig. 1),
wherein the PV apparatus is connectable to a grid for feeding energy into the grid (electricity network connected by leads 4; capable of intended use),
wherein the PV apparatus comprises one or more solar panels (can be multiple solar cells arranged as panels), and each of the solar panels comprises an array of the PV elements (6 rows and 6 columns, Fig. 1; each row column is an array). wherein at least one of the apparatuses is to control the RIS functionality provided by the plurality of apparatuses.
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CHEN does not disclose expressly that the one or more RIS elements are located in a space between the PV elements, however, this is only a routine rearrangement and repositioning of known elements and parts, does not actually modify any particularly claimed operation of the device, and is an obvious matter of design choice. MPEP 2144.04(VI)(C). Skilled artisans would have also found it obvious to duplicate the number of apparatuses because the output and performance is additive. MPEP 2144.04(VI)(B). The final modified device taught by the prior art would be capable of performing each of the intended use functions because the device possesses all the necessary components to do so.
MYER also discloses grid connectors so that the solar-powered device is connected to a utility grid (para. 50). By providing electrical connections/connectors to a utility grid, batteries can also be used to optimize exactly how the generated electricity is managed.
Skilled artisans would have found it obvious to modify CHEN and also add grid connectors in case there is no sunlight or attached storage batteries are dead, and also to provide power to the grid where there is excess generated electricity, as taught by MYER.
Conclusion
No claim is allowed.
THIS ACTION IS MADE FINAL. 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 extension fee 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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANGELO TRIVISONNO whose telephone number is (571) 272-5201 or by email at <angelo.trivisonno@uspto.gov>. The examiner can normally be reached on MONDAY-FRIDAY, 9:00a-5:00pm EST. The examiner's supervisor, NIKI BAKHTIARI, can be reached at (571) 272-3433.
/ANGELO TRIVISONNO/
Primary Examiner
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