DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
Claims 1-33 are pending.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6/25/26 has been entered.
Claim Objections
Claim 19 is objected to because of the following informalities: Claim 19 recites, “</u>” in lines 10 which appears to be a typographical error. Appropriate correction is required.
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.
Claim(s) 1-3, 5-11, 14-15, 17-25, 27-31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Murphy JR et al (“Murphy”) (US 213/0192770) in view of Braunstein et al (“Braunstein”) (US 6,421,966).
Re claim 1, Murphy discloses a sunshade array (Fig. 9) comprising:
a plurality of sunshade assemblies (108-110), each sunshade assembly (108-110) comprising:
a frame system (the unlabeled perimeter frames of 108-110 in Fig. 9) coupled to a building exterior (Fig. 1, Fig. 9);
a photovoltaic panel (Claim 28; in the event the Examiner over broadly construed this limitation, see alternative rejection over Braunstein below) supported by the frame system (the unlabeled perimeter frames of 108-110 in Fig. 9); and
a raceway (106; [0067] disclosing tubing) separate from (Fig. 9) the frame system (the unlabeled perimeter frames of 108-110 in Fig. 9), the raceway (106) extending across (Fig. 9) a plurality of sunshade assemblies (108-110) and coupled to (Fig. 9) the plurality of sunshade assemblies (108-110), the raceway (106) providing a structural attachment point (Fig. 9) for coupling (Fig. 9) each sunshade assembly (108-110) to the raceway (106),
but fails to disclose the raceway as an electrical raceway, the electrical raceway containing an electrical path having an electrical connection point to the photovoltaic panel and an electrical output to an electrical system of the building.
However, Braunstein discloses a photovoltaic panel (65), the raceway (45, 48) as an electrical raceway (45, 48), the electrical raceway (45, 48) containing an electrical path (running through and interior to 48) having an electrical connection point (62) to the photovoltaic panel (65) and an electrical output (the left end of 48 in Fig. 9) to an electrical system of the building (Col 2 lines 42-44).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the sunshade array of Murphy with the photovoltaic panel, the raceway as an electrical raceway, the electrical raceway containing an electrical path having an electrical connection point to the photovoltaic panel and an electrical output to an electrical system of the building as disclosed by Braunstein in order to convert sunlight to electricity (Col 3 lines 35-37), and to provide a simple, tool-less manner to pass wiring, cabling, or other items between adjacent solar assemblies. Doing so would further the objective of converting sunlight to electricity for interior building occupant use.
Re claim 2, Murphy as modified discloses the sunshade array of claim 1, wherein each sunshade assembly (108-110) is individually decoupled from (Fig. 9; [0070]; [0091]) the electrical raceway (106).
Re claim 3, Murphy as modified discloses the sunshade array of claim 2, Braunstein discloses wherein a sunshade assembly (30) is decoupled from (Fig. 2) the electrical raceway (45, 48) by removal of a fastener (56, being a screw).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the sunshade array of Murphy wherein a sunshade assembly is decoupled from the electrical raceway by removal of a fastener disclosed by Braunstein in order to convert sunlight to electricity (Col 3 lines 35-37), and to provide removable, secure fastening.
Re claim 5, Murphy as modified discloses the sunshade array of claim 1, wherein the frame system (the unlabeled perimeter frames of 108-110 in Fig. 9) is supported by a pair of outriggers (127) that are coupled to the building exterior (Fig. 1, Fig. 9).
Re claim 6, Murphy as modified discloses the sunshade array of claim 5, wherein each outrigger (127) of the pair of outriggers (127) are coupled to the building exterior (Fig. 1, Fig. 9) by an anchor (244, 123).
Re claim 7, Murphy as modified discloses the sunshade array of claim 6, wherein the anchor (244, 123) receives a pin (122; where Merriam-Webster defines “pin” as “a piece of solid material used especially for fastening things together or as a support by which one thing may be suspended from another”) that extends inwardly from (Fig. 9) each outrigger (127) of the pair of the outriggers (127).
Re claim 8, Murphy as modified discloses the sunshade array of claim 5, but fails to disclose wherein the frame system comprises a plurality of frame members disposed around the photovoltaic panel.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the sunshade array of Murphy wherein the frame system comprises a plurality of frame members disposed around the photovoltaic panel (instead of the single frame member surrounding the panel as shown in Fig. 9) in order to allow for replacement of individual sections of the frame as needed, instead of the frame in its entirety. It has been held that making seperable is within the level of ordinary skill. In re Dulberg, 289 F.2d 522.
Re claim 9, Murphy as modified discloses the sunshade array of claim 8, further comprising a pair of support brackets (132), the pair of support brackets (132) being coupled to a support cross member (128) and being coupled to respective outriggers (127) of the pair of outriggers (127).
Re claim 10, Murphy as modified discloses the sunshade array of claim 1, wherein the plurality of sunshade assemblies (108-110) comprise a single row (Fig. 9) of sunshade assemblies (108-110).
Re claim 11, Murphy as modified discloses the sunshade array of claim 1, wherein the plurality of sunshade assemblies (108-110) is grouped in a linear fashion (Fig. 9).
Re claim 14, Murphy discloses an electrical raceway (106) for use with a photolytic sunshade array (106 is capable of use with a photovoltaic sunshade array, as this is a statement of intended use), the raceway (106) comprising:
an elongated housing (106) configured to extend across (Fig. 9) a plurality of sunshade assemblies (108-110) of the sunshade array (Fig. 9), the elongated housing (106) being a dedicated component (Fig. 9) separate from (Fig. 9) a frame system (the unlabeled perimeter frame of 108-110 in Fig. 9) of each sunshade assembly (108-110);
a plurality of structural attachment points (each point on 106 on which 108-110 is disposed) on the elongated housing (106), each structural attachment point (106) for coupling (Fig. 9) a sunshade assembly (108-110) to the electrical raceway (106) such that each sunshade assembly (108-110) is individually couplable to and decouplable from (Fig. 9) the raceway (106) without disturbing (as 108-110 are each totally separate) remaining sunshade assemblies (108-110);
but fails to disclose the raceway as an electrical raceway, the sunshade assemblies as photovoltaic sunshade array, an electrical path within the elongated housing comprising a plurality of electrical connection points for coupling to a photovoltaic panel of a sunshade assembly; and an electrical output for coupling to an electrical system of a building, the electrical output being coupled to the electrical path.
However, Braunstein discloses the raceway (45, 48) as an electrical raceway (45, 48), the sunshade assemblies (30) as a photovoltaic sunshade array (65), an electrical path (running through and interior to 48) within the elongated housing (45, 48) comprising a plurality of electrical connection points (62) for coupling to a photovoltaic panel (65) of a sunshade assembly (30); and an electrical output (the left end of 48 in Fig. 9; the exit of the interior of 48) for coupling to an electrical system of a building (Col 2 lines 42-44), the electrical output (left end of 48 in Fig. 9) being coupled to the electrical path (running through and interior to 48),
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the sunshade array of Murphy with the raceway as an electrical raceway, the sunshade assemblies as photovoltaic sunshade array, an electrical path within the elongated housing comprising a plurality of electrical connection points for coupling to a photovoltaic panel of a sunshade assembly; and an electrical output for coupling to an electrical system of a building, the electrical output being coupled to the electrical path as disclosed by Braunstein in order to convert sunlight to electricity (Col 3 lines 35-37), and to provide a simple, tool-less manner to pass wiring, cabling, or other items between adjacent solar assemblies. Doing so would further the objective of converting sunlight to electricity for interior building occupant use.
Re claim 15, Murphy as modified discloses the electrical raceway of claim 14, wherein the sunshade assembly (Fig. 9) is individually decoupled from (Fig. 9) the electrical raceway (106; being totally separate components).
Re claim 17, Murphy as modified discloses the electrical raceway of claim 14, Braunstein discloses wherein the structural attachment point (58) comprises a fastener (56).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the sunshade array of Murphy wherein the structural attachment point comprises a fastener disclosed by Braunstein in order to convert sunlight to electricity (Col 3 lines 35-37), and to provide removable, secure fastening.
Re claim 18, Murphy as modified discloses the electrical raceway of claim 14, wherein the sunshade assembly (Fig. 9) comprises: a pair of outriggers (127) that are coupled to the building exterior (Fig. 9); and a frame system (unlabeled frames of 108-110) supported by the outriggers (127), the frame system (unlabeled frames of 108-110) having the photovoltaic panel (as modified by Braunstein 65) disposed therein (Braunstein: Fig. 5-6).
Re claim 19, Murphy discloses a method of installing (Fig. 1, Fig. 9) a sunshade array (108-110), the method comprising:
coupling (Fig. 9 showing frames coupled) a frame system (unlableed perimeter frames of 108-110) to a pair of outriggers (127) that are coupled to (Fig. 9) a building exterior (Fig. 9),
coupling (Fig. 9 showing coupling) the frame system (unlableed perimeter frames of 108-110) to a raceway (106);
wherein the frame system (unlableed perimeter frames of 108-110) is individually decouplable from (108-110 being separate components from 106) the raceway (106) without disturbing (108-110 being separate components from 106) other frame systems (perimeter frames of 108-110) of the plurality of sunshade assemblies (108-110) coupled to the raceway (106);
but fails to disclose the sunshade array as a photovoltaic sunshade array, the frame system comprising a photovoltaic panel, the raceway as an electrical raceway, coupling a first electrical lead from the photovoltaic panel to a second electrical lead at an electrical connector disposed within the electrical raceway. the first electrical lead<u>. the electrical connector.</u> and the second electrical lead being contained within the electrical raceway. the second electrical lead being coupled to an electrical path that is integrated with an electrical system of the building.
However, Braunstein discloses the sunshade array (30) as a photovoltaic sunshade array (65), the frame system (Fig. 1-5) comprising a photovoltaic panel (65 as an electrical raceway (45, 48), the sunshade assemblies (30) as a photovoltaic sunshade array (65), coupling (Fig. 5) a first electrical lead (66) from the photovoltaic panel (65) to a second electrical lead (62) at an electrical connector (the connection per Col 2 lines 42-44) disposed within the electrical raceway (45, 48), the first electrical lead (66) the electrical connector (the connection per Col 2 lines 42-44) and the second electrical lead (62) being coupled to an electrical path (interior to 48) that is integrated with an electrical system (Col 2 lines 42-44) of the building (Col 2 lines 42-44).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Murphy the sunshade array as a photovoltaic sunshade array, the frame system comprising a photovoltaic panel, the raceway as an electrical raceway, coupling a first electrical lead from the photovoltaic panel to a second electrical lead at an electrical connector disposed within the electrical raceway. the first electrical lead<u>. the electrical connector.</u> and the second electrical lead being contained within the electrical raceway. the second electrical lead being coupled to an electrical path that is integrated with an electrical system of the building as disclosed by Braunstein in order to convert sunlight to electricity (Col 3 lines 35-37), and to provide a simple, tool-less manner to pass wiring, cabling, or other items between adjacent solar assemblies. Doing so would further the objective of converting sunlight to electricity for interior building occupant use.
Re claim 20, Murphy as modified discloses the method of claim 19, wherein the photovoltaic sunshade array (108-110) comprises a plurality of sunshade assemblies (108-110).
Re claim 21, Murphy as modified discloses the method of claim 20, wherein the plurality of sunshade assemblies (108-110) comprise a single row (Fig. 9) of sunshade assemblies (108-110).
Re claim 22, Murphy as modified discloses the method of claim 20, wherein the plurality of sunshade assemblies (108-110) is linear (Fig. 9).
Re claim 23, Murphy as modified discloses the method of claim 19, wherein the method steps are repeated (Fig. 19 showing multiple elements of 108-110) for each sunshade assembly (108-110) of the photovoltaic sunshade array (Fig. 9).
Re claim 24, Murphy as modified discloses the method of claim 19, wherein each sunshade assembly (108-110) is individually decoupled from (Fig. 9; 108-110 being separate elements from 106) the electrical raceway (106).
Re claim 25, Murphy as modified discloses the method of claim 24, Braunstein discloses wherein a sunshade assembly (30) is decoupled from (Fig. 2) the electrical raceway (45, 48) by removal of a fastener (56, being a screw).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Murphy wherein a sunshade assembly is decoupled from the electrical raceway by removal of a fastener disclosed by Braunstein in order to convert sunlight to electricity (Col 3 lines 35-37), and to provide removable, secure fastening.
Re claim 27, Murphy as modified discloses the method of claim 19, wherein the frame system (unlabeled perimeter frames of 108-110) is supported by a pair of outriggers (127) that are coupled to the building exterior (Fig. 9).
Re claim 28, Murphy as modified discloses the method of claim 27, wherein each outrigger (128) of the pair of outriggers (127) are coupled to the building exterior (Fig. 9) by an anchor (244).
Re claim 29, Murphy as modified discloses the method of claim 28, wherein the anchor (244, 123) receives a pin (122; where Merriam-Webster defines “pin” as “a piece of solid material used especially for fastening things together or as a support by which one thing may be suspended from another”) that extends inwardly from (Fig. 9) each outrigger (127) of the pair of the outriggers (127).
Re claim 30, Murphy as modified discloses the method of claim 29, but fails to disclose wherein the frame system comprises a plurality of frame members disposed around the photovoltaic panel.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Murphy wherein the frame system comprises a plurality of frame members disposed around the photovoltaic panel (instead of the single frame member surrounding the panel as shown in Fig. 9) in order to allow for replacement of individual sections of the frame as needed, instead of the frame in its entirety. It has been held that making seperable is within the level of ordinary skill. In re Dulberg, 289 F.2d 522.
Re claim 31, Murphy as modified discloses the method of claim 30, further comprising a pair of support brackets (132), the pair of support brackets (132) being coupled to a support cross member (128) and being coupled to respective outriggers (127) of the pair of outriggers (127).
Claim(s) 12-13 and 32-33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Murphy JR et al (“Murphy”) (US 213/0192770) in view of Braunstein et al (“Braunstein”) (US 6,421,966) in view of Guo (US 2017/0353144).
Re claim 12, Murphy as modified discloses the sunshade array of claim 1, but fails to disclose wherein the photovoltaic panel is mounted on a glass layer.
However, Guo discloses wherein the photovoltaic panel (Fig. 18 20) is mounted on a glass layer (50; [0039]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the sunshade array of Murphy as modified wherein the photovoltaic panel is mounted on a glass layer as disclosed by Guo in order to allow for improved impact strength and rigidity ([0039]) and protection to the photovoltaic panel.
Re claim 13, Murphy as modified discloses the sunshade array of claim 12, but fails to disclose wherein the glass layer (50; [0039]) is clear glass, frosted glass, tinted glass, or glass having a variable opacity.
However, it would have been obvious as a matter of choice to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the sunshade array of Braunstein wherein the glass layer (50; [0039]) is clear glass, frosted glass, tinted glass, or glass having a variable opacity in order to increase aesthetic appeal, or to design to a desired aesthetic better matching surrounding structures. Moreover, it has been held that matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art. See MPEP 2144.04 (I).
Re claim 32, Murphy as modified discloses the method of claim 19, but fails to disclose wherein the photovoltaic panel comprises a glass layer.
However, Guo discloses wherein the photovoltaic panel (Fig. 18 20) comprises a glass layer (50; [0039]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Murphy wherein the photovoltaic panel comprises on a glass layer as disclosed by Guo in order to allow for improved impact strength and rigidity ([0039]) and protection to the photovoltaic panel.
Re claim 33, Murphy as modified discloses the method of claim 32, but fails to disclose wherein the glass layer (50; [0039]) is clear glass, frosted glass, tinted glass, or glass having a variable opacity.
However, it would have been obvious as a matter of choice to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Murphy wherein the glass layer (50; [0039]) is clear glass, frosted glass, tinted glass, or glass having a variable opacity in order to increase aesthetic appeal, or to design to a desired aesthetic better matching surrounding structures. Moreover, it has been held that matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art. See MPEP 2144.04 (I).
Allowable Subject Matter
Claim(s) 4, 16 and 26 is/are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Claim Rejections 35 USC 112: Applicant’s argument with respect to the claims rejected under 35 USC 112 is persuasive and rejection of the claims pursuant to 35 USC 112 is hereby partially withdrawn.
Claim Rejections 35 USC 103: Applicant’s arguments with respect to all claims have been considered but are moot as they do not apply to any of the combination of references relied upon in the above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE WALRAED-SULLIVAN whose telephone number is (571)272-8838. The examiner can normally be reached Monday - Friday 8:30am - 5:00pm.
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KYLE WALRAED-SULLIVAN
Primary Examiner
Art Unit 3635
/KYLE J. WALRAED-SULLIVAN/Primary Examiner, Art Unit 3635
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