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 .
DETAILED ACTION
Status of the Application
The following is a Non-Final Office Action in response to communication received on 9/12/20204. Claims 1-20 are pending in this office action. This is the first action on the merits. The Information Disclosure Statements (IDSs) filed on 9/26/2024 and 1/8/2025 has been considered by the Examiner.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claims 1-7 recite a process as the claims recite a method. Claims 8-14 recite a process as the claims recite a method. Claims 15-20 recite a process as the claims recite a method.
The claims 1-20 recite a construction management plan for a project. Specifically the claims recite designing, obtaining government approvals like permits, fabricating the project, installing the project, repeating steps to build the project, replacing end of life parts, disposing or recycling of parts of the project that are no longer needed, and reusing parts of the project that have been recycled. The claims are recited at such a high level of generality that they recite steps a human or humans could perform. Specifically here there is no requirement for a machine or computer to perform any of the steps of the claim.
A construction management plan is a fundamental economic practice or principle, as this describes a concept that relates to the economy or commerce, accordingly the claims recite certain methods of organizing human activities.
Certain methods of organizing human activities are in the groupings of enumerated abstracts ideas, and hence the claims recite an abstract idea.
This judicial exception is not integrated into a practical application because the claims merely recite limitations that are not indicative of integration into a practical application in that the claims merely recite: Generally linking the use of the judicial exception to a particular technological environment or field of use (see MPEP 2106.05(h)). Specifically as recited in the claims:
The claims are recited at such a high level of generality that they recite steps a human or humans could perform. Specifically here there is no requirement for a machine or computer to perform any of the steps of the claim. The only additional element here is the description of the field of use being solar energy or solar power, specifically in the claims that the specific type of construction managed and resulting product is “solar” (e.g. solar power, solar equipment) and the resulting capacity for this solar power facility managed is either over “1GW “or “25 GW” in the dependent claims. This merely links it to the solar energy environment or field of use. Specifically these types of limitations merely confine the use of the abstract idea to a particular technological environment of solar power and thus fails to add an inventive concept to the claims. See MPEP 2106.05(h) cited herein “As explained by the Supreme Court, a claim directed to a judicial exception cannot be made eligible "simply by having the applicant acquiesce to limiting the reach of the patent for the formula to a particular technological use." Diamond v. Diehr, 450 U.S. 175, 192 n.14, 209 USPQ 1, 10 n. 14 (1981). Thus, limitations that amount to merely indicating a field of use or technological environment in which to apply a judicial exception do not amount to significantly more than the exception itself, and cannot integrate a judicial exception into a practical application.”
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the claims merely recite limitations that are not indicative of an inventive concept (“significantly more”) in that the claims merely recite: Generally linking the use of the judicial exception to a particular technological environment or field of use (see MPEP 2106.05(h)), as detailed in the practical application step above.
Claim Rejections - 35 USC § 103
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 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) 1-2, 4-5, 15, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Seeman et al. (United States Patent Application Publication Number: US 2010/0275967) further in view of Tarbell et al. (United States Patent Application Publication Number: US 2009/0234685).
As per claim 1 Seemann teaches A method for continuously constructing and operating a solar power facility, the method comprising: (see paragraph 0007, Examiner’s note: method for the construction, assembly, transport of solar panels and the assembly of solar panels to the power plant).
a) designing the solar power facility; (see paragraphs 0008, 0016, and 0053, Examiner’s note: simulations based on desired capital expense for the power plant).
c) fabricating solar equipment for the solar power facility at a solar equipment fabrication facility; (see paragraphs 0011-0016, Examiner’s note: solar power plant producing solar power panels).
d) installing the solar equipment at the solar power facility as it is fabricated at the solar equipment fabrication facility; (see paragraphs 0042-0045, Examiner’s note: teaches installing solar power panels).
e) repeating steps c) and d) until some of the installed solar equipment reaches the end of its useful life; f) replacing the solar equipment that has reached the end of its useful life with newly fabricated solar equipment fabricated at the solar equipment fabrication facility; (see paragraphs 0008, 0045, and 0014, Examiner’s note: replacing solar power panels)
and g) repeating step f) indefinitely (see paragraph 0059, Examiner’s note: teaches indefinite growth without additional external capital investment).
While Seeman clearly teaches designing and building a solar power facility, Seeman does not expressly teach b) obtaining governmental approvals for construction of the solar power facility;
However, Tarbell which is in the art of solar power installation (see abstract) teaches b) obtaining governmental approvals for construction of the solar power facility; (see paragraphs 0042-0043 and 0086-0087, Examiner’s note: permits and city permits for solar power).
Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to have modified Seeman with the aforementioned teachings from Tarbell with the motivation of providing a commonly known construction element of permitting for construction of projects (see Tarbell paragraphs 0042-0043 and 0086-0087), when constructing a solar project on a piece of land is known (see Seeman paragraphs 0041-0042).
As per claim 2 Seemann teaches
wherein the solar power facility is designed and constructed to have a total capacity of over 1 GW (see paragraph 0065, Examiner’s note: 10 GW)
As per claim 4 Seemann teaches
wherein steps c), d), and e) continue for at least 10 years (see paragraphs 0008-0009, 0043, and 0065 Examiner’s note: examples here are 10 to 40 years).
As per claim 5 Seemann teaches
wherein steps c), d), and e) continue for at least 20 years. (see paragraphs 0008-0009, 0043, and 0065 Examiner’s note: examples here are 10 to 40 years).
As per claim 15 Seeman teaches A method for continuously constructing and operating a very large scale solar power facility, the method comprising: (see paragraph 0007, Examiner’s note: method for the construction, assembly, transport of solar panels and the assembly of solar panels to the power plant).
a) designing the solar power facility; (see paragraphs 0008, 0016, 0053, Examiner’s note: simulations based on desired capital expense for the power plant).
c) scheduling construction of the solar power facility over a multi-year period; (see paragraphs 0008-0009, 0043, and 0065 Examiner’s note: examples here are 10 to 40 years).
d) fabricating solar equipment for the solar power facility at a solar equipment fabrication facility; (see paragraphs 0011-0016, Examiner’s note: solar power plant producing solar power panels).
e) installing the solar equipment at the solar power facility as it is fabricated; (see paragraphs 0042-0045, Examiner’s note: teaches installing solar power panels).
f) repeating steps d) and e) until the end of the multi-year period; (see paragraphs 0008, 0045, and 0014, Examiner’s note: replacing solar power panels)
g) monitoring performance of the installed solar equipment; h) monitoring performance and cost of newly fabricated solar equipment; i) determining a payback period for replacing the installed solar equipment based on information gathered in steps g) and h): j) if the payback period for the installed solar equipment is less than a threshold, replacing the installed solar equipment with newly fabricated solar equipment (see paragraphs 0089-0090, 0094, Examiner’s note: replacing based on cost effectiveness)
Seeman does not expressly teach b) obtaining governmental approvals for construction of the solar power facility;
However, Tarbell which is in the art of solar power installation (see abstract) teaches b) obtaining governmental approvals for construction of the solar power facility; (see paragraphs 0042-0043 and 0086-0087, Examiner’s note: permits and city permits for solar power).
Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to have modified Seeman with the aforementioned teachings from Tarbell with the motivation of providing a commonly known construction element of permitting for construction of projects (see Tarbell paragraphs 0042-0043 and 0086-0087), when constructing a solar project on a piece of land is known (see Seeman paragraphs 0041-0042).
As per claim 17 Seeman teaches
wherein the solar power facility is designed and constructed to have a total capacity of over 1 GW. (see paragraph 0065, Examiner’s note: 10 GW)
Claim(s) 3 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Seeman et al. (United States Patent Application Publication Number: US 2010/0275967) further in view of Tarbell et al. (United States Patent Application Publication Number: US 2009/0234685) further in view of Yang et al. (United States Patent Application publication number: US 2018/0016144).
As per claim 3 Seemann teaches
wherein the solar power facility is designed and constructed to have a total capacity of over 1GW to 10 GW (see paragraphs 0009 and 0065, Examiner’s note: 1 GW to 10 GW).
Seeman does not expressly teach solar power over 25 GW.
However, Yang which is in the art of ensuring continued expansion of solar and wind generation (see paragraph 0003) teaches solar power over 25 GW (see paragraph 0003, Examiner’s note: solar and wind generation of electricity are commercialized and growing steadily, with new installations for exceeding 50 GW/year).
Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to have modified Seeman in view Tarbell et al. with the aforementioned teachings from Yang with the motivation of allowing generation of solar amounts capable for new installations (see Yang paragraph 0003), when the system takes into account future technology to determine what to install or replace current systems with (see Seeman paragraphs 0089-0090 and 0098-0099) and plants that produce 10 GW are both known (See Seeman paragraph 0065).
As per claim 18 Seeman teaches
wherein the solar power facility is designed and constructed to have a total capacity of over 1 GW (see paragraph 0065, Examiner’s note: 10 GW)
Seeman does not expressly teach 25 GW.
However, Yang which is in the art of ensuring continued examination of solar and wind generation (see paragraph 0003) teaches solar power over 25 GW (see paragraph 0003, Examiner’s note: solar and wind generation of electricity are commercialized and growing steadily, with new installations for exceeding 50 GW/year).
Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to have modified Seeman in view Tarbell et al. with the aforementioned teachings from Yang with the motivation of allowing generation of solar amounts capable for new installations (see Yang paragraph 0003), when the system takes into account future technology to determine what to install or replace current systems with (see Seeman paragraphs 0089-0090 and 0098-0099) and plants that produce 10 GW are both known (See Seeman paragraph 0065).
Claim(s) 6-9, 11-14, 16, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Seeman et al. (United States Patent Application Publication Number: US 2010/0275967) further in view of Tarbell et al. (United States Patent Application Publication Number: US 2009/0234685) further in view of Kim et al. (United States Patent Application Publication Number: US 2020/0180295).
As per claim 6 Seemann teaches
further comprising disposing or replacing of the solar equipment that has reached the end of its useful life at the solar equipment fabrication facility (see paragraphs 0086 and 0090, Examiner’s note; Disposing or replacing of solar panels).
Seeman does not expressly teach recycling solar equipment.
However, Kim et al. which is in the art of recycling solar power (see abstract and title) teaches recycling solar equipment (see paragraphs 0003-0011, Examiner’s note: recycling and regenerating solar cells from waste modules).
Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to have modified Seeman in view of Tarbell et al. with the aforementioned teachings from Kim et al. which the motivation of providing a way a developing a technology to reduce waste for a solar product (see Kim paragraphs 0003-0011), when replacing or disposing of solar panels (see Seeman paragraph 0086 and 0090) for a technology that is green (see Seeman paragraph 00002) is known.
As per claim 7 Seemann teaches
further comprising disposing of solar equipment from other sites at the solar equipment fabrication facility until at least some of the solar equipment from the solar equipment fabrication assembly has reached the end of its useful life. (see paragraphs 0042, 0051, 0086 and 0090, Examiner’s note; Disposing or replacing of solar panels. Further teaches the land can be continuous or be separated by a reasonable distance also teaches adjacent land, which would include other sites).
Seeman does not expressly teach recycling solar equipment.
However, Kim et al. which is in the art of recycling solar power (see abstract and title) teaches recycling solar equipment (see paragraphs 0003-0011, Examiner’s note: recycling and regenerating solar cells from waste modules).
Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to have modified Seeman in view of Tarbell et al. with the aforementioned teachings from Kim et al. which the motivation of providing a way a developing a technology to reduce waste for a solar product (see Kim paragraphs 0003-0011), when replacing or disposing of solar panels (see Seeman paragraph 0086 and 0090) for a technology that is green (see Seeman paragraph 00002) is known.
As per claim 8 Seeman teaches A method for continuously constructing and operating a very large scale solar power facility, the method comprising: (see paragraph 0007, Examiner’s note: method for the construction, assembly, transport of solar panels and the assembly of solar panels to the power plant).
a) designing the solar power facility; (see paragraphs 0008, 0016, 0053, Examiner’s note: simulations based on desired capital expense for the power plant).
c) scheduling construction of the solar power facility over a multi-year period; (see paragraphs 0008-0009, 0043, and 0065 Examiner’s note: examples here are 10 to 40 years).
d) fabricating solar equipment for the solar power facility at a solar equipment fabrication facility; (see paragraphs 0011-0016, Examiner’s note: solar power plant producing solar power panels).
e) installing the solar equipment at the solar power facility as it is fabricated; (see paragraphs 0042-0045, Examiner’s note: teaches installing solar power panels).
f) repeating steps d) and e) until the end of the multi-year period and until some of the installed solar equipment reaches the end of its useful life; g) replacing the solar equipment that has reached the end of its useful life with newly fabricated solar equipment; (see paragraphs 0008, 0045, and 0014, Examiner’s note: replacing solar power panels)
h) disposing or replacing the solar equipment that has reached the end of its useful life (see paragraphs 0008, 0045, and 0014, Examiner’s note: replacing solar power panels)
and i) repeating steps g) and h) indefinitely. ( see paragraph 0059, Examiner’s note: teaches indefinite growth without additional external capital investment).
Seeman does not expressly teach (1) b) obtaining governmental approvals for construction of the solar power facility; and (2) recycling and using materials from the recycling to fabricate additional solar equipment;
However, Tarbell which is in the art of solar power installation (see abstract) teaches (1) b) obtaining governmental approvals for construction of the solar power facility; (see paragraphs 0042-0043 and 0086-0087, Examiner’s note: permits and city permits for solar power).
Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to have modified Seeman with the aforementioned teachings from Tarbell with the motivation of providing a commonly known construction element of permitting for construction of projects (see Tarbell paragraphs 0042-0043 and 0086-0087), when constructing a solar project on a piece of land is known (see Seeman paragraphs 0041-0042).
Seeman in view of Tarbell does not expressly teach (2) recycling and using materials from the recycling to fabricate additional solar equipment.
However, Kim et al. which is in the art of recycling solar power (see abstract and title) teaches (2) recycling and using materials from the recycling to fabricate additional solar equipment (see paragraphs 0003-0011, Examiner’s note: recycling and regenerating solar cells from waste modules).
Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to have modified Seeman in view of Tarbell et al. with the aforementioned teachings from Kim et al. which the motivation of providing a way a developing a technology to reduce waste for a solar product (see Kim paragraphs 0003-0011), when replacing or disposing of solar panels (see Seeman paragraph 0086 and 0090) for a technology that is green (see Seeman paragraph 00002) is known.
As per claim 9 Seeman teaches
wherein the solar power facility is designed and constructed to have a total capacity of over 1 GW. (see paragraph 0065, Examiner’s note: 10 GW)
As per claim 11 Seeman teaches
wherein steps c), d), and e) continue for at least 10 years. (see paragraphs 0008-0009, 0043, and 0065 Examiner’s note: examples here are 10 to 40 years).
As per claim 12 Seeman teaches
wherein steps c), d), and e) continue for at least 20 years. (see paragraphs 0008-0009, 0043, and 0065 Examiner’s note: examples here are 10 to 40 years).
As per claim 13 Seeman teaches
further comprising disposing of or replacing the solar equipment that has reached the end of its useful life at the solar equipment fabrication facility. (see paragraphs 0086 and 0090, Examiner’s note; Disposing or replacing of solar panels).
Seeman does not expressly teach recycling solar equipment.
However, Kim et al. which is in the art of recycling solar power (see abstract and title) teaches recycling solar equipment (see paragraphs 0003-0011, Examiner’s note: recycling and regenerating solar cells from waste modules).
Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to have modified Seeman in view of Tarbell et al. with the aforementioned teachings from Kim et al. which the motivation of providing a way a developing a technology to reduce waste for a solar product (see Kim paragraphs 0003-0011), when replacing or disposing of solar panels (see Seeman paragraph 0086 and 0090) for a technology that is green (see Seeman paragraph 00002) is known.
As per claim 14, Seeman teaches
further comprising disposing of or replacing solar equipment from other sites at the solar equipment fabrication facility until at least some of the solar equipment from the solar equipment fabrication assembly has reached the end of its useful life. (see paragraphs 0042, 0051, 0086 and 0090, Examiner’s note; Disposing or replacing of solar panels. Further teaches the land can be continuous or be separated by a reasonable distance also teaches adjacent land, which would include other sites).
Seeman does not expressly teach recycling solar equipment.
However, Kim et al. which is in the art of recycling solar power (see abstract and title) teaches recycling solar equipment (see paragraphs 0003-0011, Examiner’s note: recycling and regenerating solar cells from waste modules).
Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to have modified Seeman in view of Tarbell et al. with the aforementioned teachings from Kim et al. which the motivation of providing a way a developing a technology to reduce waste (see Kim paragraphs 0003-0011), when replacing or disposing of solar panels (see Seeman paragraph 0086 and 0090) for a technology that is green (see Seeman paragraph 00002) is known.
As per claim 16 Seeman teaches
further comprising: k) determining when some of the installed solar equipment reaches the end of its useful life; l) replacing the solar equipment that has reached the end of its useful life with newly fabricated solar equipment; (see paragraphs 0008, 0037, 0089-0090, and 0094, Examiner’s note: replacing old panels with new ones).
m) disposing or replacing the solar equipment that has reached the end of its useful life (see paragraphs 0008, 0045, and 0014, Examiner’s note: replacing solar power panels)
and n) repeating steps k), l), and m) indefinitely. ( see paragraph 0059, Examiner’s note: teaches indefinite growth without additional external capital investment).
Seeman does not expressly teach (1) recycling and using materials from the recycling to fabricate additional solar equipment
However, Kim et al. which is in the art of recycling solar power (see abstract and title) teaches (1) recycling and using materials from the recycling to fabricate additional solar equipment (see paragraphs 0003-0011, Examiner’s note: recycling and regenerating solar cells from waste modules).
Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to have modified Seeman in view of Tarbell et al. with the aforementioned teachings from Kim et al. which the motivation of providing a way a developing a technology to reduce waste for a solar product (see Kim paragraphs 0003-0011), when replacing or disposing of solar panels (see Seeman paragraph 0086 and 0090) for a technology that is green (see Seeman paragraph 00002) is known.
As per claim 19 Seeman teaches
further comprising disposing or replacing the solar equipment that has reached the end of its useful life at the solar equipment fabrication facility. (see paragraphs 0086 and 0090, Examiner’s note; Disposing or replacing of solar panels).
Seeman does not expressly teach recycling solar equipment.
However, Kim et al. which is in the art of recycling solar power (see abstract and title) teaches recycling solar equipment (see paragraphs 0003-0011, Examiner’s note: recycling and regenerating solar cells from waste modules).
Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to have modified Seeman in view of Tarbell et al. with the aforementioned teachings from Kim et al. which the motivation of providing a way a developing a technology to reduce waste for a solar product (see Kim paragraphs 0003-0011), when replacing or disposing of solar panels (see Seeman paragraph 0086 and 0090) for a technology that is green (see Seeman paragraph 00002) is known.
As per claim 20 Seeman teaches
further comprising disposing or replacing solar equipment from other sites at the solar equipment fabrication facility until at least some of the solar equipment from the solar panel fabrication assembly has reached the end of its useful life. (see paragraphs 0042, 0051, 0086 and 0090, Examiner’s note; Disposing or replacing of solar panels. Further teaches the land can be continuous or be separated by a reasonable distance also teaches adjacent land, which would include other sites).
Seeman does not expressly teach recycling solar equipment.
However, Kim et al. which is in the art of recycling solar power (see abstract and title) teaches recycling solar equipment (see paragraphs 0003-0011, Examiner’s note: recycling and regenerating solar cells from waste modules).
Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to have modified Seeman in view of Tarbell et al. with the aforementioned teachings from Kim et al. which the motivation of providing a way a developing a technology to reduce waste for a solar product (see Kim paragraphs 0003-0011), when replacing or disposing of solar panels (see Seeman paragraph 0086 and 0090) for a technology that is green (see Seeman paragraph 00002) is known.
Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable over Seeman et al. (United States Patent Application Publication Number: US 2010/0275967) further in view of Tarbell et al. (United States Patent Application Publication Number: US 2009/0234685) further in view of Kim et al. (United States Patent Application Publication Number: US 2020/0180295) further in view of Yang et al. (United States Patent Application Publication number: US 2018/0016144).
As per claim 10 Seeman teaches
wherein the solar power facility is designed and constructed to have a total capacity of over I GW. (see paragraph 0065, Examiner’s note: 10 GW)
Seeman in view of Tarbell in view of Kim does not expressly teach 25 GW.
However, Yang which is in the art of ensuring continued expansion of solar and wind generation (see paragraph 0003) teaches solar power over 25 GW (see paragraph 0003, Examiner’s note: solar and wind generation of electricity are commercialized and growing steadily, with new installations for exceeding 50 GW/year).
Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to have modified Seeman in view Tarbell et al. in view of Kim with the aforementioned teachings from Yang with the motivation of allowing generation of solar amounts capable for new installations (see Yang paragraph 0003), when the system takes into account future technology to determine what to install or replace current systems with (see Seeman paragraphs 0089-0090 and 0098-0099) and plants that produce 10 GW are both known (See Seeman paragraph 0065).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Bacon et al. (United States Patent Application Publication Number: US 2006/0277131) teaches a system for financing renewable power facilities (see abstract and title)
Scanlan (United States Patent Application Publication Number: US 2008/0071604) teaches a method for selling solar roofs (see abstract)
Aggarwal et al. (United States Patent Application Publication Number: US 2012/0330759) teaches a computer system for selling solar systems (See abstract)
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/KIERSTEN V SUMMERS/Primary Examiner, Art Unit 3626