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 with traverse of Invention I and Species A, claims 1-13 in the reply filed on 1/30/2026 is acknowledged. The traversal is on the ground(s) that no explanation why there would be a serious burden if restriction is not required was provided. This is not found persuasive because the reasons for serious search and/or examination burden was provided on pages 2 and 4 of the restriction requirement mailed on 12/19/2025.
The requirement is still deemed proper and is therefore made FINAL.
Applicant indicated claims 14-20 as withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 1/30/2026.
Additionally, claim 12 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Species B, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 1/30/2026.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
Claim 4 recites the structural reinforcement includes a reinforcing carbon fiber that carries electrical current to the at least one photovoltaic cell.
However, the instant specification has only stated in published paragraph [0037] that:
In an example, the structural reinforcement 24 may include reinforcing carbon fiber that carries electrical current. For example, the carbon fiber is an electrical conductor and itself can carry the electrical current. In another non-limiting example, structural reinforcement that includes the fibers may include an electrical wire (e.g., a copper wire) and/or ribbons (e.g., copper) embedded within the fiber, where the electrical wire and/or ribbons are configured to carry the electrical current.
Nowhere does the instant specification disclose carrying electrical current to the at least one photovoltaic cell. Additionally, it is well known by one of ordinary skill in the art that electrical current is not carried to the at least one photovoltaic cell because the photovoltaic cell generates electricity, such that electricity is not normally supplied to the photovoltaic cell.
Therefore, the specification fails to provide proper antecedent basis for the claimed subject matter.
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 4 and 6 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 4 recites the structural reinforcement includes a reinforcing carbon fiber that carries electrical current to the at least one photovoltaic cell. It is unclear how or why the reinforcing carbon fibers would carry electrical current to the at least one photovoltaic cell without further guidance and information. As stated above, one of ordinary skill in the art would appreciate that electrical current is not normally carried to photovoltaic cells as they generate electricity and nowhere does the instant specification state electrical current is fed to the at least one photovoltaic cell or that is an operating mode for the invention. Clarification is requested.
Claim 6 recites the limitation "a non-structural 3D stitch"…”to consolidate the fiber and preform.” It is unclear what is a non-structural 3D stitch. Additionally, it is unclear how a 3D stitch can be non-structural. Further, it is unclear how the commingling of the structural fiber and a non-structural 3D stitch would consolidate the fiber and preform. Finally, there is insufficient antecedent basis for the limitation of “preform” in the claim because no preform was previously recited in claim 6 or claim 1 from which it depends upon.
The specification has only stated in paragraph [0038] of the published application that a commingled fiber is “commingled with a non-structural 3D stitch (e.g., polycarbonate, nylon, polyethylene, polypropylene, and the like). For Example, the commingled fiber may include carbon and polycarbonate…The single fiber and/or the commingled fiber can be stitched, laid, or otherwise placed onto the resin 22, and in some instances, can be consolidated with the resin 22 via force and/or heat.” However, it is still not clear what the plain meaning of “a non-structural 3D stitch” is and it is not clear what is the preform and how commingling would consolidate the fiber and preform as the specification appears to state the consolidation is via force and/or heat.
Clarification is requested.
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.
Claim(s) 1-3, 5, 6, 8, 9, 11, and 13 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Gayer et al. (DE 10 2022 003311; see English machine translation).
Regarding claim 1, Gayer discloses a structural composite panel (see Figure 2), comprising:
a first layer (support group 3) including a resin (fiber reinforced plastic composite material 3.2; [0043]); and
structural reinforcement (fiber; [0048]),
wherein a portion of the first layer includes the structural reinforcement encapsulated in the resin (where there are fibers in the resin. It is disclosed the fibers are oriented ([0017]), such that there would be areas without fibers), and a portion of the first layer includes no structural reinforcement (where there are no fibers);
at least one photovoltaic cell (4) disposed on the first layer (see Figure 1);
a resin layer including the resin (1.2 and 1.3; it is disclosed epoxy resin can be used; [0045]), wherein the resin layer is disposed on the at least one photovoltaic cell (see Figures 1 and 2); and
a protective layer (clear coat 1.1) disposed on the resin layer (see Figure 1).
Regarding claim 2, Gayer discloses all the claim limitations as set forth above, and further discloses the structural reinforcement includes fiber reinforcement (as set forth above).
Regarding claim 3, Gayer discloses all the claim limitations as set forth above, and further discloses the structural reinforcement includes at least one of carbon, glass, or basalt ([0048]).
Regarding claim 5, Gayer discloses all the claim limitations as set forth above, and further discloses the structural reinforcement is a fiber including at least one of glass, basalt, flax, hemp, pineapple, or cellulose ([0048]).
Regarding claim 6, Gayer discloses all the claim limitations as set forth above, and further discloses the structural reinforcement is a structural fiber that is commingled with a non-structural 3D stitch including at least one of polycarbonate, nylon, polyethylene, or polypropylene to consolidate the fiber and preform (nylon fleece as flow aid layers 309 and 311 in the support group 3 ([0061]), where woven fabrics of the fiber can be used ([0017]) and [0034]).
Regarding claim 8, Gayer discloses all the claim limitations as set forth above, and further discloses the at least one photovoltaic cell is disposed on a portion of the first layer having no structural reinforcement (area without fibers).
Regarding claim 9, Gayer discloses all the claim limitations as set forth above, and further discloses the at least one photovoltaic cell is disposed on a portion of the first layer having both structural reinforcement and no structural reinforcement (as set forth above).
Regarding claim 11, Gayer discloses all the claim limitations as set forth above, and further discloses the protective layer is a hard coat ([0029]).
Regarding claim 13, Gayer discloses all the claim limitations as set forth above, and further discloses the structural composite panel is a vehicle roof panel ([0039]).
Claim(s) 1-5, 7-11, and 13 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Baudrit (US 2022/0278245).
Regarding claim 1, Baudrit discloses a structural composite panel (1; see Figure 6), comprising:
a first layer (support structure) including a resin (polymer matrix; [0028] and [0104]); and
structural reinforcement (fiber; [0104]),
wherein a portion of the first layer includes the structural reinforcement encapsulated in the resin, and a portion of the first layer includes no structural reinforcement (it is disclosed at least a portion of the back layer forming a support structure of the photovoltaic module includes reinforcing fibers surrounded by a polymer matrix ([0053]), where Figure 6 shows support structure having ribs 180 to be in only a portion of the back layer;
at least one photovoltaic cell (10) disposed on the first layer (see Figure 6);
a resin layer (injection molded layer on the front) including the resin ([0031]), wherein the resin layer is disposed on the at least one photovoltaic cell ([0031]); and
a protective layer disposed on the resin layer (superstrate).
Regarding claim 2, Baudrit discloses all the claim limitations as set forth above, and further discloses the structural reinforcement includes fiber reinforcement (as set forth above).
Regarding claim 3, Baudrit discloses all the claim limitations as set forth above, and further discloses the structural reinforcement includes at least one of carbon, glass, or basalt ([0053]).
Regarding claim 4, Gayer discloses all the claim limitations as set forth above, and further discloses the structural reinforcement includes a reinforcing carbon fiber that carries electrical current to the at least one photovoltaic cell (it is disclosed the injection molded back layer can include reinforcing fibers such as carbon fibers ([0044]), which means the carbon fibers are capable of carrying electrical current to the at least one photovoltaic cell).
Regarding claim 5, Baudrit discloses all the claim limitations as set forth above, and further discloses the structural reinforcement is a fiber including at least one of glass, basalt, flax, hemp, pineapple, or cellulose ([0053]).
Regarding claim 7, Baudrit discloses all the claim limitations as set forth above, and further discloses the at least one photovoltaic cell includes at least one of monocrystalline silicon, polycrystalline silicon, a thin film, or indium tin oxide ([0021]).
Regarding claim 8, Baudrit discloses all the claim limitations as set forth above, and further discloses the at least one photovoltaic cell is disposed on a portion of the first layer having no structural reinforcement (portion with no structural reinforcement, as set forth above).
Regarding claim 9, Baudrit discloses all the claim limitations as set forth above, and further discloses the at least one photovoltaic cell is disposed on a portion of the first layer having both structural reinforcement and no structural reinforcement (as set forth above, see Figure 6, where reinforcement ribs as a support structure are provided only in certain areas throughout the span of the photovoltaic cells, where paragraph [0053] recites a portion of the back layer forming the support structure may include reinforcing fibers surrounded by polymer matrix).
Regarding claim 10, Baudrit discloses all the claim limitations as set forth above, and further discloses the resin includes at least one of polycarbonate or acrylic (polycarbonate; [0028]).
Regarding claim 11, Baudrit discloses all the claim limitations as set forth above, and further discloses the protective layer is a hard coat (polymeric foil; [0029]).
Regarding claim 13, Baudrit discloses all the claim limitations as set forth above, and further discloses the structural composite panel is a vehicle roof panel ([0055]).
Conclusion
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Niki Bakhtiari can be reached at 571-272-3433. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTINA CHERN/Primary Examiner, Art Unit 1722