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.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the glass of at least claim 12 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 15, 17-18, 23 are 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.
Re claims 15, 17-18, each recite structure directed to the sunshade assembly. However, claim 14 from which claims 15 and 17-18 depend, is directed only to an electrical raceway. Claim 14 is directed to a product. Claims 15 and 17-18 appear to be potentially directed to a system. In other words, it is unclear if the features pertaining to the sunshade assembly are required by the claims, since claim 14 is only drawn to the electrical raceway assembly. For the purposes of this examination, this language will be interpreted as being directed only to an electrical raceway assembly which is capable of use with the features of the sunshade assembly as claimed.
Re claim 23, claim 23 recites, “the steps” in line 1. There is insufficient antecedent basis for this limitation in the claim. It appears this language is intended to recite, “the method” and will be interpreted as such.
Claim Rejections - 35 USC § 102
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) 1-3, 5-11, 14-15, 17-25, 27-31 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Braunstein et al (“Braunstein”) (US 6,421,966).
Re claim 1, Braunstein discloses a sunshade array (Fig. 1) comprising:
a plurality of sunshade assemblies (30), each sunshade assembly (30) comprising:
a frame system (34, 38) coupled to a building exterior (20);
a photovoltaic panel (65) supported by the frame system (34, 38); and
an electrical raceway (45, 48) coupled to (Fig. 3) the plurality of sunshade assemblies (30), 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).
Re claim 2, Braunstein discloses the sunshade array of claim 1, wherein each sunshade assembly (30) is individually decoupled from (Fig. 2) the electrical raceway (45, 48).
Re claim 3, Braunstein discloses the sunshade array of claim 2, wherein a sunshade assembly (30) is decoupled from (Fig. 2) the electrical raceway (45, 48) by removal of a fastener (56, being a screw).
Re claim 5, Braunstein discloses the sunshade array of claim 1, wherein the frame system (34, 38) is supported by a pair of outriggers (34) that are coupled to the building exterior (20).
Re claim 6, Braunstein discloses the sunshade array of claim 5, wherein each outrigger (34) of the pair of outriggers (34) are coupled to the building exterior (20) by an anchor (38).
Re claim 7, Braunstein discloses the sunshade array of claim 6, wherein the anchor (38) receives a pin (92) that extends inwardly from (Fig. 10) each outrigger (34) of the pair of the outriggers (34).
Re claim 8, Braunstein discloses the sunshade array of claim 5, wherein the frame system (34, 38) comprises a plurality of frame members (50, 52) disposed around (Fig. 3) the photovoltaic panel (65).
Re claim 9, Braunstein discloses the sunshade array of claim 8, further comprising a pair of support brackets (68), the pair of support brackets (68) being coupled to a support cross member (54) and being coupled to respective outriggers (34) of the pair of outriggers (34).
Re claim 10, Braunstein discloses the sunshade array of claim 1, wherein the plurality of sunshade assemblies (30) comprise a single row (Fig. 1, as the language does not require only a single row) of sunshade assemblies (30).
Re claim 11, Braunstein discloses the sunshade array of claim 1, wherein the plurality of sunshade assemblies (30) is grouped in a linear fashion (Fig. 1).
Re claim 14, Braunstein discloses an electrical raceway (45, 48) for use with a photolytic sunshade array (30), the electrical raceway (45, 48) comprising:
a plurality of structural attachment points (58), each structural attachment point (58) for coupling a sunshade assembly (30 via 44) to the electrical raceway (45, 48);
an electrical path (running through and interior to 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).
Re claim 15, Braunstein discloses the electrical raceway of claim 14, wherein the sunshade assembly (30) is individually decoupled from (Fig. 2) the electrical raceway (45, 48).
Re claim 17, Braunstein discloses the electrical raceway of claim 14, wherein the structural attachment point (58) comprises a fastener (56).
Re claim 18, Braunstein discloses the electrical raceway of claim 14, wherein the sunshade assembly (30) comprises: a pair of outriggers (34) that are coupled to the building exterior (20); and a frame system (44, 50, 52) supported by the outriggers (34), the frame system (44, 50, 52) having the photovoltaic panel (65) disposed therein (Fig. 5-6).
Re claim 19, Braunstein discloses a method of installing (Fig. 1-9) a photovoltaic sunshade array (30), the method comprising:
coupling (Fig. 1-9 showing 44, 50 and 52 coupled) a frame system (44, 50, 52) to a pair of outriggers (34) that are coupled to (Fig. 1) a building exterior (20), the frame system (44, 50, 52) containing a photovoltaic panel (65);
coupling (Fig. 1-9 showing 44, 50 and 52 coupled to 43 and 48) the frame system (44, 50 and 52) to an electrical raceway (43, 48); and
coupling (Fig. 5) a first electrical lead (66) from the photovoltaic panel (65) to a second electrical lead (62; and or the connection per Col 2 lines 42-44) that is coupled to an electrical path (interior to 48) that is integrated with an electrical system of the building (Col 2 lines 42-44), the first electrical lead (66) and the second electrical lead (62; and or the connection per Col 2 lines 42-44) being contained within the electrical raceway (43, 48).
Re claim 20, Braunstein discloses the method of claim 19, wherein the photovoltaic sunshade array (30) comprises a plurality of sunshade assemblies (30; Fig. 1).
Re claim 21, Braunstein discloses the method of claim 20, wherein the plurality of sunshade assemblies (30) comprise a single row (Fig. 1, as the language does not require only a single row) of sunshade assemblies (30).
Re claim 22, Braunstein discloses the method of claim 20, wherein the plurality of sunshade assemblies (30) is grouped in a linear fashion (Fig. 1).
Re claim 23, Braunstein discloses the method of claim 19, wherein the steps are repeated (Fig. 1 showing numerous elements 30) for each sunshade assembly (30) of the photovoltaic sunshade array (Fig. 1).
Re claim 24, Braunstein discloses the method of claim 19, wherein each sunshade assembly (30) is individually decoupled from (Fig. 2) the electrical raceway (45, 48).
Re claim 25, Braunstein discloses the method of claim 24, wherein a sunshade assembly (30) is decoupled from (Fig. 2) the electrical raceway (45, 48) by removal of a fastener (56, being a screw).
Re claim 27, Braunstein discloses the method of claim 19, wherein the frame system (34, 38) is supported by a pair of outriggers (34) that are coupled to the building exterior (20).
Re claim 28, Braunstein discloses the method of claim 27, wherein each outrigger (34) of the pair of outriggers (34) are coupled to the building exterior (20) by an anchor (38).
Re claim 29, Braunstein discloses the method of claim 28, wherein the anchor (38) receives a pin (92) that extends inwardly from (Fig. 10) each outrigger (34) of the pair of the outriggers (34).
Re claim 30, Braunstein discloses the method of claim 29, wherein the frame system (34, 38) comprises a plurality of frame members (50, 52) disposed around (Fig. 3) the photovoltaic panel (65).
Re claim 31, Braunstein discloses the method of claim 30, further comprising a pair of support brackets (68), the pair of support brackets (68) being coupled to a support cross member (54) and being coupled to respective outriggers (34) of the pair of outriggers (34).
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) 4, 16, 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Braunstein et al (“Braunstein”) (US 6,421,966) in view of Newhart, III (“Newhart”) (US 6,883,282).
Re claim 4, Braunstein discloses the sunshade array of claim 1, but fails to disclose wherein the electrical raceway comprises a cover that is rotatable between a closed position and an open position, wherein the cover opens downwardly relative to the electrical raceway.
However, Newhart discloses wherein the electrical raceway (14) comprises a cover (26) that is rotatable between a closed position (Fig. 6, solid line) and an open position (Fig. 6, dashed line), wherein the cover (26) opens downwardly relative to (Fig. 6) the electrical raceway (14).
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 Braunsein wherein the electrical raceway comprises a cover that is rotatable between a closed position and an open position, wherein the cover opens downwardly relative to the electrical raceway as disclosed by Newhart in order to allow access to the internal area of the raceway for maintenance or adjustment of wiring/cable without the need to disassemble.
Re claim 16, Braunstein discloses the electrical raceway of claim 14, but fails to disclose comprising a cover that is rotatable between a closed position and an open position, wherein the cover opens downwardly relative to the electrical raceway.
However, Newhart discloses comprising a cover (26) that is rotatable between a closed position (Fig. 6, solid line) and an open position (Fig. 6, dashed line), wherein the cover (26) opens downwardly relative to (Fig. 6) the electrical raceway (14).
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 electrical raceway of of Braunsein comprising a cover that is rotatable between a closed position and an open position, wherein the cover opens downwardly relative to the electrical raceway as disclosed by Newhart in order to allow access to the internal area of the raceway for maintenance or adjustment of wiring/cable without the need to disassemble.
Re claim 26, Braunstein discloses the method of claim 19, but fails to disclose wherein the electrical raceway comprises a cover that is rotatable between a closed position and an open position, wherein the cover opens downwardly relative to the electrical raceway.
However, Newhart discloses wherein the electrical raceway (14) comprises a cover (26) that is rotatable between a closed position (Fig. 6, solid line) and an open position (Fig. 6, dashed line), wherein the cover (26) opens downwardly relative to (Fig. 6) the electrical raceway (14).
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 Braunsein wherein the electrical raceway comprises a cover that is rotatable between a closed position and an open position, wherein the cover opens downwardly relative to the electrical raceway as disclosed by Newhart in order to allow access to the internal area of the raceway for maintenance or adjustment of wiring/cable without the need to disassemble.
Claim(s) 12-13 and 32-33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Braunstein et al (“Braunstein”) (US 6,421,966) in view of Guo (US 2017/0353144).
Re claim 12, Braunstein 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 Braunsein 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, Braunstein 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, Braunstein 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 Braunsein 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, Braunstein 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 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).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO 892.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at (571)270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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KYLE WALRAED-SULLIVAN
Primary Examiner
Art Unit 3635
/KYLE J. WALRAED-SULLIVAN/Primary Examiner, Art Unit 3635