DETAILED ACTION
Examiner’s Notes
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 of Species B and Species B1 corresponding to claims 1 and 6-15 in the reply on 01/05/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 2-5 and 16-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to nonelected Species, there being no allowable generic or linking claim.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1, 6-9, 11-12, and 14 are rejected on the ground of nonstatutory double patenting as being unpatentable over U.S. Patent No. 12126300 B2.
Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding claims 1,6, 11, the limitations in instant claims 1,6, 11 are recited in the claim 1 of U.S. Patent No. 12126300 B2.
Regarding claim 7, the limitations in instant claim 7 are recited in the claim 9 of U.S. Patent No. 12126300 B2.
Regarding claims 8, 14, the limitations in instant claim 8, 14 are recited in the claim 10 of U.S. Patent No. 12126300 B2.
Regarding claims 9, 12, the limitations in instant claims 9, 12 are recited in the claim 3 of U.S. Patent No. 12126300 B2.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112:
(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 11-15 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 pre-AIA the applicant regards as the invention.
Claim 11 recites “the edges” in line 8. There is insufficient antecedent basis for this limitation in the claim. For the purpose of this office action, the recitation will be treated as if it recites “edges”. All claims which depend on clam 11 are rejected by virtue of dependency. Appropriate correction is required.
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 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, 6-7, 10-11, and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by ASBECK (US 20170117425 A1).
Regarding claim 1, ASBECK teaches a bifacial solar module (see the solar cell module with bifacial solar cells; see Figs. 4, 5), comprising:
a first transparent support layer (see the back cover 6, which is transparent to the light; see Fig. 4) and a second transparent support layer (see the front surface layer 5, which is transparent to the light; see Fig. 4);
a plurality of interconnected bifacial solar cells (see at least two adjoining bifacial solar cells 2; see Abstract, Claim 13, Figs. 4, 5) interposed between the first transparent support layer and the second transparent support layer (see Figs. 4, 5) with gaps between one or more of the plurality of interconnected bifacial solar cells and edges of the first and second transparent support layers (see the gaps between at least two adjoining bifacial solar cells 2 and the edges of the back cover 6 and the front surface layer 5) (see Figs. 4, 5), the plurality of interconnected bifacial solar cells having a first side (see the front side of the at least two adjoining bifacial solar cells 2) exposed to solar radiation and a second side (see the back side of the at least two adjoining bifacial solar cells 2) opposite the first side (see Figs. 4, 5);
a frame (see the frame 9) disposed about a perimeter of and supporting the first transparent support layer, the second transparent support layer, and the plurality of interconnected bifacial solar cells (see Figs. 4, 5); and
a projection disposed on a sidewall of the frame (see the reflector 4 disposed on the sidewall of the frame 9) (see Fig. 5), the projection extending from the sidewall toward an interior portion of the frame (The reflector 4 extends from the sidewall toward the interior portion of the frame 9) (see Figs. 4, 5) and disposed in spaced relation to the second transparent support layer (Since the reflector 4 is disposed on the back side of the back cover 6, the reflector 4 is disposed in spaced relation to the front surface layer 5) (see Figs. 4, 5), the projection angled to reflect light so that some of the light reflecting from the projection is absorbed by the first side and some of the light is absorbed by the second side of the plurality of bifacial solar cells (The reflector 4 is angled to reflect the incident light, which has the function) (see Figs. 4, 5).
Regarding claim 6, Applicant is directed above for a full discussion as applied to claim 1.
ASBECK teaches some light that passes through the second transparent support layer is reflected off of a portion of the projection and absorbed by the first side of the plurality of bifacial solar cells via internal reflection (see Abstract, [0008], [0066], the rejection of claim 1, and Figs. 4, 5).
Regarding claim 7, Applicant is directed above for a full discussion as applied to claim 1.
ASBECK teaches the projection is disposed adjacent a gap between the plurality of interconnected bifacial solar cells and the frame (see the rejection of claim 1, and Figs. 4, 5).
Regarding claim 10, Applicant is directed above for a full discussion as applied to claim 1.
ASBECK teaches a reflective strip (see the adhesive tape strip; [0067] An adhesive tape strip can also be applied outside the rear-side as reflector 4) disposed coincidentally with at least one of the gaps (see Figs. 4, 5) such that light passing through the second transparent support layer is reflected off of a portion of the reflective strip at angles such that the light reflecting from the reflective strip is absorbed by either the first side or the second side of the plurality of bifacial solar cells (see Abstract, [0008], [0066], the rejection of claim 1, and Figs. 4, 5).
Regarding claim 11, ASBECK teaches a bifacial solar module (see the solar cell module with bifacial solar cells; see Figs. 4, 5), comprising:
a frame (see the frame 9), the frame including a projection disposed on a sidewall of the frame (see the reflector 4 disposed on the sidewall of the frame 9) (see Fig. 5), the projection extending from the sidewall towards an interior portion of the frame (see Fig. 5) and defining an angle relative to the sidewall (The reflector 4 has an angle relative to the sidewall of the interior portion of the frame 9) (see Figs. 4, 5);
a first transparent support layer (see the back cover 6, which is transparent to the light; see Fig. 4) and a second transparent support layer (see the front surface layer 5, which is transparent to the light; see Fig. 4) supported by the frame (see Figs. 4, 5);
a plurality of interconnected bifacial solar cells (see at least two adjoining bifacial solar cells 2; see Abstract, Claim 13, Figs. 4, 5) interposed between the first transparent support layer and the second transparent support layer (see Figs. 4, 5) with gaps between one or more of the plurality of interconnected bifacial solar cells, the edges of the first and second transparent support layers, and the sidewall of the frame (see the gaps between at least two adjoining bifacial solar cells 2 and the edges of the back cover 6 and the front surface layer 5, and the sidewall of the frame 9) (see Figs. 4, 5), the plurality of interconnected bifacial solar cells having a first side (see the front side of the at least two adjoining bifacial solar cells 2) directly exposed to solar radiation (see Figs. 4, 5) and a second side (see the back side of the at least two adjoining bifacial solar cells 2) opposite the first side (see Figs. 4, 5), wherein light passing through the second transparent support layer is reflected off of a portion of the projection at angles such that the light reflecting from the projection is absorbed by either the first side or the second side of the plurality of bifacial solar cells (Figs. 4, 5 show this function).
Regarding claim 15, Applicant is directed above for a full discussion as applied to claim 11.
ASBECK teaches a reflective strip (see the adhesive tape strip; [0067] An adhesive tape strip can also be applied outside the rear-side as reflector 4) disposed coincidentally with at least one of the gaps (see Figs. 4, 5) such that light passing through the second transparent support layer is reflected off of a portion of the reflective strip at angles such that the light reflecting from the reflective strip is absorbed by either the first side or the second side of the plurality of bifacial solar cells (see Abstract, [0008], [0066], the rejection of claim 1, and Figs. 4, 5).
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 8 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over ASBECK (US 20170117425 A1) as applied to claims 1 and 11, respectively above, further in view of GONSIORAWSKI (US 20080000517 A1).
Regarding claims 8 and 14, Applicant is directed above for a full discussion as applied to claims 1 and 11, respectively.
Regarding the claimed “wherein the projection defines an angle relative to the sidewall selected from the group consisting of generally about 1 and 80 degrees, 5 and 75 degrees, 10 and 70 degrees, 15 and 65 degrees, 20 and 60 degrees, 25 and 55 degrees, 30 and 50 degrees, 35 and 45 degrees, and 40 and 45 degrees”, ASBECK teaches the projection defines an angle relative to the sidewall about 90 degrees (see the rejections of claims 1, 11, and Figs. 4, 5), but does not explicitly disclose the claimed angle range. However, GONSIORAWSKI discloses a photovoltaic module with an internal reflector (corresponding to the claimed “projection”), wherein each facet may extend at an angle between 25 and 35 degrees relative to the plane of the front cover [0023] (Based on the disclosure, it is calculated that the internal reflector defines an angle between 55 and 65 degrees relative to the sidewall of the frame), wherein the internal reflector improves power output (see Abstract). It would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to employ the internal reflector with an angle between 55 and 65 degrees relative to the sidewall of the frame for the reflector in the device of ASBECK as taught by GONSIORAWSKI, because the internal reflector improves power output and because the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144). Given the teachings above, it would have been obvious to have selected angle within the disclosed range. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. See In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) (see MPEP § 2144.05, I.).
Claims 9 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over ASBECK (US 20170117425 A1) as applied to claims 1 and 11, respectively above, further in view of SHUGAR (CA 2650053 A1).
Regarding claims 9 and 12, Applicant is directed above for a full discussion as applied to claims 1 and 11, respectively.
Regarding the claimed “wherein a portion of the projection is polished” in claim 9 and “wherein the projection is polished” in claim 12, ASBECK discloses the reflector 4 is applied by means of a surface treatment of the rear-side glass 6, for example by means of vaporization, etching, irradiation or grinding [0068], but does not explicitly disclose the claimed “polished”. However, SHUGAR discloses a PV assembly with a light-reflecting element, wherein light-reflecting element 26 may be made from a variety of materials having a highly light-reflecting upper surface 30, such as a polished metal sheet [0021]. It would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to employ the light-reflecting element with polished metal sheet for the reflector in the device of ASBECK as taught by SHUGAR, because the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over ASBECK (US 20170117425 A1) as applied to claim 11, respectively above, further in view of WEBER (AU 2013201557 A1).
Regarding claim 13, Applicant is directed above for a full discussion as applied to claim 11.
Regarding the claimed “wherein the projection is painted”, ASBECK discloses the reflector 4 is applied by means of a surface treatment of the rear-side glass 6, for example by means of vaporization, etching, irradiation or grinding [0068], but does not explicitly disclose the claimed “painted”. However, WEBER discloses a solar cell with an optical reflector, a highly reflective lambertian (diffuse) reflector 24, such as a suitable white paint, has been applied to the rear surface (P16/L14-L15). It would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to employ the suitable white paint for the reflector in the device of ASBECK as taught by WEBER, because the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAE-SIK KANG whose telephone number is 571-272-3190. The examiner can normally be reached on 9:00am – 5:00pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew T. Martin can be reached on 571-270-7871. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TAE-SIK KANG/
Primary Examiner, Art Unit 1728