DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election without traverse of Invention I, Species A and Species II covering claims 1-5, 7, 9-14 and 16 in the reply filed on 10 August 2025 is acknowledged.
Claims 6, 8, 15, and 17-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected Inventions and Species of invention, there being no allowable generic or linking claim.
Claim Interpretation
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 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.
Claim 13 recites “said foamed polymer” in lines 3-4 but lacks antecedent basis for this recitation as claim 13 and claim 1 from which claim 13 depends do not explicitly recite or define a foamed polymer and it’s unclear what foamed polymer is being referenced in claim 13. As such, the scope of claim 13 cannot be reasonably determined and is rendered indefinite.
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.
(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 1-3, 7, 9-11, and 13-14 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Yamada et al (US 6,127,622).
Regarding claim 1 Yamada discloses a photovoltaic article comprising:
a flexible and rollable and non-brittle solar cell, that is capable of being flexed and being rolled without becoming broken or non-operational (C3/L15-21, C9/L30-41, C10/L65-67, Figs. 1 and 5 see: solar cell module with a photovoltaic device 102 is designed to be rolled up and flexed),
which comprises an integrated, functional, backing layer that is non-detachably attached to a back side of said flexible and rollable and non-brittle solar cell (C3/L15-21, C9L30-41, C10/L65-67, C12/L45-56 Figs. 1 and 5 see: solar cell module includes a flexible back covering material 103 laminated with the photovoltaic device 102 forming an integral solar cell module and thus considered non-detachably attached).
Regarding claim 2 Yamada discloses the photovoltaic article of claim 1, wherein said integrated, functional, backing layer is a sheet of foamed polymer which provides stability and mechanical support to said solar cell (C6/L40-67, C7/L1-14 Fig. 1 see: back covering material 103 internally has a foam which protects the solar cell module).
Regarding claim 3 Yamada discloses the photovoltaic article of claim 1, wherein said integrated, functional, backing layer is a flexible sheet of foamed polymer which provides flexibility and elasticity to said solar cell and which accompanies flexibility of said solar cell itself (C6/L40-67, C7/L1-14 Fig. 1 see: back covering material 103 internally has a foam which protects the solar cell module and can provide cushioning properties).
Regarding claim 7 Yamada discloses the photovoltaic article of claim 1, wherein said integrated, functional, backing layer comprises: foamed polymer that is formed exclusively of open cells, to provide mechanical support that has increased flexibility while it supports said solar cell (C8/L3-14 see: foam can be produced with an inorganic blowing agent that creates open cells).
Regarding claim 9 Yamada discloses the photovoltaic article of claim 1, wherein an entirety of said photovoltaic article, including said solar cell and including said integrated, functional, backing layer, is a singular non-detachable article that is flexible and rollable and non-brittle (C3/L15-21, C9L30-41, C10/L65-67, C12/L45-56 Figs. 1 and 5 see: solar cell module includes a flexible back covering material 103 laminated with the photovoltaic device 102 and surface covering material 101 forming an integral solar cell module and thus considered a singular non-detachable article that is flexible and rollable and non-brittle).
Regarding claim 10 Yamada discloses the photovoltaic article of claim 1, wherein the integrated, functional, backing layer that is attached to said solar cell contains, in at least one region thereof, a functional filler material having heat conducting properties or heat dissipation properties (C9/L13-29 see: solid foaming material further includes fillers including Magnesium oxide and carbon black which have heat conducting properties).
Regarding claim 11 Yamada discloses the photovoltaic article of claim 1, wherein the integrated, functional, backing layer that is attached to said solar cell contains, in at least one region thereof, a functional filler material having UltraViolet (UV) radiation protection properties or UV radiation abruption properties (C9/L13-29 see: solid foaming material further includes fillers including Zinc oxide which has UV absorption/protection properties and/or Magnesium oxide which also has UV absorption/reflection properties).
Regarding claim 13 Yamada discloses the photovoltaic article of claim 1, wherein the integrated, functional, backing layer that is attached to said solar cell contains, in at least one region thereof, a mechanical reinforcement material that is within said foamed polymer, and which fortifies said foamed polymer, and which is selected from the group consisting of: fibers, glass fibers, chopped glass fibers, diced glass fibers, glass fiber mats, glass fiber fabrics, polymeric fibers, chopped polymeric fibers, diced polymeric fibers, polymeric fiber mats, polymeric fiber fabrics, carbon fibers, chopped carbon fibers, diced carbon fibers, carbon fiber mats, carbon fiber fabrics, talc, mica, calcium carbonate, and a combination or mixture of two or more of said materials (C9/L13-29 see: solid foaming material further includes fillers including calcium carbonate, talc).
Regarding claim 14 Yamada discloses the photovoltaic article of claim 1, wherein the integrated, functional, backing layer that is attached to said solar cell is integrally attached beneath a backsheet of said solar cell, and provides mechanical support and buoyancy properties to said solar cell (C3/L15-21, C6/L16-24 Fig. 4 see: back covering material 103 has an insulating material 403 disposed between the photovoltaic device 102 and the foam where the foam further provides buoyancy, alternatively, the conductive substrate 201 (Fig. 2B) of photovoltaic device 102 can also meet the limitation of “a backsheet of said solar cell”).
Claims 1-4, 7, and 9 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Bouten et al (US 2013/0025647).
Regarding claim 1 Bouten discloses a photovoltaic article comprising:
a flexible and rollable and non-brittle solar cell, that is capable of being flexed and being rolled without becoming broken or non-operational, which comprises an integrated, functional, backing layer that is non-detachably attached to a back side of said flexible and rollable and non-brittle solar cell ([0083], [0132], [0134] Fig. 11 see: flexible (flexible includes rollable) foil structure 4 comprising electro-optical transducers 2t (solar cells) glued (45) to backing structure 5 and thus considered non-detachably attached).
Regarding claim 2 Bouten discloses the photovoltaic article of claim 1, wherein said integrated, functional, backing layer is a sheet of foamed polymer which provides stability and mechanical support to said solar cell ([0120]-[0121], [0130] Figs. 9, 11 see: backing structure 5 comprises a material such as micro-cellular polyurethane foam and thus provides mechanical support).
Regarding claim 3 Bouten discloses the photovoltaic article of claim 1, wherein said integrated, functional, backing layer is a flexible sheet of foamed polymer which provides flexibility and elasticity to said solar cell and which accompanies flexibility of said solar cell itself ([0120]-[0121], [0130] Figs. 9, 11 see: backing structure 5 comprises a material such as micro-cellular polyurethane foam and is elastic and deformable).
Regarding claim 4 Bouten discloses the photovoltaic article of claim 1, wherein said integrated, functional, backing layer comprises:
(a) at least one region that is formed of foamed polymer having a first level of flexibility; which is neighboring to, (b) at least one other region that is formed of foamed polymer having a second, different, level of flexibility ([0121] Fig. 9 see: the deformable material 5a of backing structure 5 can be formed of a material comprising a combination of open and closed cells and thus define different regions of flexibility);
wherein two or more different regions of the integrated, functional, backing layer have at least two different levels of flexibility, to provide particular and region-dependent properties of flexibility and mechanical support to said solar cell ([0121] Fig. 9 see: the deformable material 5a of backing structure 5 can be formed of a material comprising a combination of open and closed cells and thus define different regions of flexibility and thus provide regions of differing flexibility due to the present of either open cells or closed cells).
Regarding claim 7 Bouten discloses the photovoltaic article of claim 1, wherein said integrated, functional, backing layer comprises: foamed polymer that is formed exclusively of open cells, to provide mechanical support that has increased flexibility while it supports said solar cell ([0120]-[0121], Figs. 9, 11 see: backing structure 5 comprises a foam/deformable material 5a with an open cell structure).
Regarding claim 9 Bouten discloses the photovoltaic article of claim 1, wherein an entirety of said photovoltaic article, including said solar cell and including said integrated, functional, backing layer, is a singular non-detachable article that is flexible and rollable and non-brittle ([0083], [0132], [0134] Fig. 11 see: flexible (flexible includes rollable) foil structure 4 comprising electro-optical transducers 2t (solar cells) glued (45) to backing structure 5 and thus considered non-detachably attached and forming an integral singular soar cell device 1t).
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.
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 4-5 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Yamada et al (US 6,127,622) as applied to claims 1-3, 7, 9-11, and 13-14 above, and in further view of Hillel et al (WO 2021/009742A1).
Regarding claim 4 Yamada discloses the photovoltaic article of claim 1, and although Yamada teaches wherein said integrated, functional, backing layer comprises: (a) at least one region that is formed of foamed polymer having a first level of flexibility C6/L40-67, C7/L1-14 Fig. 1 see: back covering material 103 internally has a foam which protects the solar cell module and can provide cushioning properties); Yamada does not explicitly disclose said at least one region is neighboring to, (b) at least one other region that is formed of foamed polymer having a second, different, level of flexibility; wherein two or more different regions of the integrated, functional, backing layer have at least two different levels of flexibility, to provide particular and region-dependent properties of flexibility and mechanical support to said solar cell.
Hillel teaches a photovoltaic article comprising a backing layer having at least one region that is formed of at least one region of foamed polymer having a first level of flexibility (Hillel, [0081] Fig. 7b see: support 300 having a peripheral region of foam 103 with semi-rigid or rigid film 204) and said at least one region is neighboring to, at least one other region that is formed of foamed polymer having a second, different, level of flexibility (Hillel, [0081] Fig. 7b see: support 300 having a central region with a recess of foam 103 without semi-rigid or rigid film 204); wherein two or more different regions of the integrated, functional, backing layer have at least two different levels of flexibility, to provide particular and region-dependent properties of flexibility and mechanical support to said solar cell (Hillel, [0081] Fig. 7b see: central region with a recess of foam 103 without semi-rigid or rigid film 204 thus as greater flexibility than peripheral region of foam 103 with semi-rigid or rigid film 204).
Hillel and Yamada are combinable as they are both concerned with the field of photovoltaic articles.
It would have been obvious to one having ordinary skill in the art at the time of the invention to modify the solar cell article of Yamada in view of Hillel such that the backing layer comprises at least one region of foamed polymer having a first level of flexibility as in Hillel (Hillel, [0081] Fig. 7b see: support 300 having a peripheral region of foam 103 with semi-rigid or rigid film 204) and said at least one region is neighboring to, at least one other region that is formed of foamed polymer having a second, different, level of flexibility as in Hillel (Hillel, [0081] Fig. 7b see: support 300 having a central region with a recess of foam 103 without semi-rigid or rigid film 204); wherein two or more different regions of the integrated, functional, backing layer have at least two different levels of flexibility, to provide particular and region-dependent properties of flexibility and mechanical support to said solar cell as in Hillel (Hillel, [0081] Fig. 7b see: central region with a recess of foam 103 without semi-rigid or rigid film 204 thus as greater flexibility than peripheral region of foam 103 with semi-rigid or rigid film 204) for the express purpose of providing a more flexible central region for mounting the solar cell panel with a more rigid support frame region (Hillel, para [0069]).
Regarding claim 5 Yamada discloses the photovoltaic article of claim 1, but does not explicitly disclose wherein said integrated, functional, backing layer comprises: a frame region, which surrounds a central region; wherein the frame region of the integrated, functional, backing layer is formed of foamed polymer having a first level of flexibility; wherein the central region of the integrated, functional, backing layer is formed of foamed polymer having a second, different, level of flexibility.
Hillel teaches a photovoltaic article comprising a backing layer having a frame region, which surrounds a central region; wherein the frame region of the integrated, functional, backing layer is formed of foamed polymer having a first level of flexibility (Hillel, [0081] Fig. 7b see: support 300 having a peripheral region of foam 103 with semi-rigid or rigid film 204); wherein the central region of the integrated, functional, backing layer is formed of foamed polymer having a second, different, level of flexibility (Hillel, [0081] Fig. 7b see: central region with a recess of foam 103 without semi-rigid or rigid film 204 thus as greater flexibility than peripheral region of foam 103 with semi-rigid or rigid film 204).
Hillel and Yamada are combinable as they are both concerned with the field of photovoltaic articles.
It would have been obvious to one having ordinary skill in the art at the time of the invention to modify the solar cell article of Yamada in view of Hillel such that the backing layer comprises a backing layer having a frame region, which surrounds a central region; wherein the frame region of the integrated, functional, backing layer is formed of foamed polymer having a first level of flexibility as taught by Hillel (Hillel, [0081] Fig. 7b see: support 300 having a peripheral region of foam 103 with semi-rigid or rigid film 204); wherein the central region of the integrated, functional, backing layer is formed of foamed polymer having a second, different, level of flexibility as taught by Hillel (Hillel, [0081] Fig. 7b see: central region with a recess of foam 103 without semi-rigid or rigid film 204 thus as greater flexibility than peripheral region of foam 103 with semi-rigid or rigid film 204) for the express purpose of providing a more flexible central region for mounting the solar cell panel with a more rigid support frame region (Hillel, para [0069]).
Regarding claims 11 and 12 Yamada discloses the photovoltaic article of claim 1, and in the alternative where it’s unclear if Yamada teaches that the integrated, functional, backing layer that is attached to said solar cell contains, in at least one region thereof, a functional filler material having UltraViolet (UV) radiation protection properties or UV radiation abruption properties or a fire-retardant filler material that blocks or reduces spreading of fire, Hillel teaches such foam polymer support layers further include fire retardants and anti-UV additives (Hillel, [0068]).
Hillel and Yamada are combinable as they are both concerned with the field of photovoltaic articles.
It would have been obvious to one having ordinary skill in the art at the time of the invention to modify the solar cell article of Yamada in view of Hillel such that the backing layer comprises in at least one region thereof, a functional filler material having UltraViolet (UV) radiation protection properties or UV radiation abruption properties or a fire-retardant filler material that blocks or reduces spreading of fire as in Hillel (Hillel, [0068]) for the express purpose of providing these properties of UltraViolet (UV) radiation protection and fire protection.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Yamada et al (US 6,127,622) as applied to claims 1-3, 7, 9-11, and 13-14 above, and further in view of Bouten et al (US 2013/0025647).
Regarding claim 7 Yamada discloses the photovoltaic article of claim 1, and in the alternative where it’s unclear if Yamada teaches wherein said integrated, functional, backing layer comprises: foamed polymer that is formed exclusively of open cells, to provide mechanical support that has increased flexibility while it supports said solar cell, Bouten teaches an integrated, functional, backing layer for a solar cell comprising foamed polymer that is formed exclusively of open cells (Bouten, [0120]-[0121], Figs. 9, 11 see: backing structure 5 comprises a foam/deformable material 5a with an open cell structure) where Bouten teaches in such an open cell structure the frictional losses of the gas flow may help in the dissipation of energy upon compression of the backing structure (para [0121]).
Bouten and Yamada are combinable as they are both concerned with the field of photovoltaic articles.
It would have been obvious to one having ordinary skill in the art at the time of the invention to modify the solar cell article of Yamada in view of Bouten such that the backing layer comprises foamed polymer that is formed exclusively of open cells, to provide mechanical support that has increased flexibility while it supports said solar cell as in Bouten (Bouten, [0120]-[0121], Figs. 9, 11 see: backing structure 5 comprises a foam/deformable material 5a with an open cell structure) as Bouten teaches such an open cell structure the frictional losses of the gas flow may help in the dissipation of energy upon compression of the backing structure (para [0121]).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Yamada et al (US 6,127,622) as applied to claims 1-3, 7, 9-11, and 13-14 above, and further in view of ALBALAK et al (WO 2020/136653 A1).
Regarding claim 16 Yamada discloses the photovoltaic article of claim 1, but does not explicitly disclose wherein said solar cell, that is non-detachably attached to said integrated, functional, backing layer, comprises the limitations set forth in claim 16.
However, ALBALAK teaches flexible solar cells comprising a plurality of micro photovoltaic units, that have a same semiconductor wafer that integrally connects them to each other (Albalak, Abstract, Fig. 5D see: PV cell array having a single wafer that is segmented via craters into a plurality of micro PV cells);
wherein non-transcending gaps or non-transcending craters exist between each two neighboring micro PV units of said solar cell (Albalak, Abstract, Fig. 5D see: PV cell array with craters extending between adjacent micro PV cells);
wherein said non-transcending gaps or non-transcending craters penetrate into between 50 percent and 99.9 percent of a total depth of said semiconductor wafer ([00137], [00179], [00161] Figs. 8B, 9A-9B see: semiconductor substrate/wafer body with non-transcending gaps and each crater (gap) has a particular depth, which is at least 50 percent of the thickness of said single wafer and penetrates into not more than 99 percent of an entire depth of said semiconductor wafer); and
leave a non-penetrated, singular, continuous, non-segmented, thin layer of said semiconductor wafer that is common to all said micro PV units of said solar cell ([00137], [00179], [00161] Figs. 5D 8B, 9A-9B see: semiconductor substrate/wafer body with non-transcending gaps and each crater (gap) has a particular depth that does not fully penetrate the wafer and thus leaves a continuous layer of wafer material common to all micro PV cells);
wherein said structure of non-transcending gaps or non-transcending craters, with their particular depth of non-transcending penetration into said semiconductor wafer, provide mechanical resilience properties to said solar cell and provide mechanical forces absorption properties and enable said solar cell to be flexible and rollable and non-brittle ([0072]-[0073], [00162], [00140] see: inclusion of craters among said micro PV cells, inhibits or reduces mechanical breakage of said PV cell array and allows mechanical flexibility and rolling).
Albalak teaches this allows crystalline silicon cells to be employed as flexible and durable portions of PV panels (Albalak, [0031]-[0032], [0034)]).
Albalak and Yamada are combinable as they are both concerned with the field of photovoltaic articles.
It would have been obvious to one having ordinary skill in the art at the time of the invention to modify the solar cell article of Yamada in view of Albalak such that said solar cell of Yamada comprises a plurality of micro photovoltaic units, that have a same semiconductor wafer that integrally connects them to each other as in Albalak (Albalak, Abstract, Fig. 5D see: PV cell array having a single wafer that is segmented via craters into a plurality of micro PV cells); wherein non-transcending gaps or non-transcending craters exist between each two neighboring micro PV units of said solar cell as in Albalak (Albalak, Abstract, Fig. 5D see: PV cell array with craters extending between adjacent micro PV cells); wherein said non-transcending gaps or non-transcending craters penetrate into between 50 percent and 99.9 percent of a total depth of said semiconductor wafer as in Albalak ([00137], [00179], [00161] Figs. 8B, 9A-9B see: semiconductor substrate/wafer body with non-transcending gaps and each crater (gap) has a particular depth, which is at least 50 percent of the thickness of said single wafer and penetrates into not more than 99 percent of an entire depth of said semiconductor wafer); and leave a non-penetrated, singular, continuous, non-segmented, thin layer of said semiconductor wafer that is common to all said micro PV units of said solar cell as in Albalak ([00137], [00179], [00161] Figs. 5D 8B, 9A-9B see: semiconductor substrate/wafer body with non-transcending gaps and each crater (gap) has a particular depth that does not fully penetrate the wafer and thus leaves a continuous layer of wafer material common to all micro PV cells); wherein said structure of non-transcending gaps or non-transcending craters, with their particular depth of non-transcending penetration into said semiconductor wafer, provide mechanical resilience properties to said solar cell and provide mechanical forces absorption properties and enable said solar cell to be flexible and rollable and non-brittle as in Albalak ([0072]-[0073], [00162], [00140] see: inclusion of craters among said micro PV cells, inhibits or reduces mechanical breakage of said PV cell array and allows mechanical flexibility and rolling) as Albalak teaches this allows crystalline silicon cells to be employed as flexible and durable portions of PV panels (Albalak, [0031]-[0032], [0034)]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Tseng et al (US 2013/0115388) teaches a foam tape material for forming a frame of a solar cell module that can have regions of differing flexibility by varying the density of the foam for these regions (paras [0009], [0042]).
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