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 .
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.
Claims 1, 2, 5, 9-12 and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dickey et al. (US Pub. No. 2016/0190974 A1).
In regards to claim 1, Dickey teaches a photovoltaic shade structure, comprising: a plurality of posts (33, Fig. 3); a plurality of beams (35) at least partially structurally supported by the posts; a plurality of joists (16) at least partially structurally supported by the beams; and a plurality of solar panels (18) at least partially structurally supported by the joists; wherein each of the joists comprises a longest length that is substantially perpendicular with a longest length of each of the solar panels (e.g.; see Figs. 6d and 7).
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In regards to claim 2, Dickey teaches each of the joists (16) is formed of multiple members (M; see annotation above).
In regards to claim 5, Dickey teaches a cable rest (i.e.; wire stay) secured between two of the multiple members of one of the joists (i.e.; within the C-shape of 16), the cable rest configured for routing electrical wiring (77, 79) from the solar panels to an electrical load or to power storage (Para. 0040-0041).
In regards to claim 9, Dickey teaches a clamp (69, Fig. 6c) configured for selectively securing one of the solar panels to one of the joists.
In regards to claim 10, Dickey teaches a bracket (67) configured to couple the clamp with the solar panel, the bracket configured to provide a downward force on the solar panel in response to a movement of the clamp (via 63).
In regards to claim 11, Dickey teaches the clamp (69) is configured to secure two adjacent solar panels (62, Fig. 6c) to the joist.
In regards to claim 12, Dickey teaches the clamp (69) comprises a locking mechanism (63) which, when in a locked configuration, prevents the secured solar panel (62) from being decoupled from the joist.
In regards to claim 17, Dickey teaches a photovoltaic shade structure, comprising: a plurality of posts (33, Fig. 3); a plurality of beams (35) at least partially structurally supported by the posts; a plurality of joists (16) at least partially structurally supported by the beams; a plurality of solar panels (18) at least partially structurally supported by the joists; and a clamp (69, Fig. 6c) configured for selectively securing one of the solar panels to one of the joists; wherein the solar panels are supported by the posts and beams only indirectly through the joists; and wherein each of the joists comprises a longest length that is substantially perpendicular with a longest length of each of the solar panels (e.g.; see Figs. 6d and 7).
In regards to claim 18, Dickey teaches the clamp (69) is attached to one of the joists (16).
In regards to claim 19, Dickey teaches a method of forming a photovoltaic shade structure, comprising: providing a plurality of posts (33, Fig. 3); at least partially structurally supporting a plurality of beams (35) with the posts; at least partially structurally supporting a plurality of joists (16) with the beams; at least partially structurally supporting a plurality of solar panels (18) with the joists; placing each of the solar panels in a position such that a longest length of the solar panel is substantially perpendicular to a longest length of one of the joists (e.g.; see Figs. 6d and 7); and securing the solar panels in the position (via clamp 69, Fig. 6c; Para. 0035).
In regards to claim 20, Dickey teaches securing one of the solar panels (16) to one of the joists using a clamp (69, Fig. 6c).
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.
Claims 3, 4, 6 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Dickey et al. (US Pub. No. 2016/0190974 A1) in view of Oudheusden et al. (US Pub. No. 2024/0230163 A1).
In regards to claim 3, Dickey does not teach a gutter secured between two of the multiple members of one of the joists, the gutter configured to route rainwater to an outer edge of the photovoltaic shade structure.
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Oudheusden teaches a photovoltaic shade structure including a gutter (110) secured between two members (M) of a joist (see annotation above), the gutter configured to route rainwater to an outer edge of the photovoltaic shade structure.
It would be obvious to one of ordinary skill in the art before the effective filing date and with reasonable expectation of success to modify Dickey’s shad structure to include a gutter secured between two of the multiple members of one of the joists, the gutter configured to route rainwater to an outer edge of the photovoltaic shade structure. The motivation would be for the purpose of collecting rain, snow and ice as taught by Oudheusden (Para. 0018).
In regards to claim 4, in modifying Dickey, Oudheusden teaches the gutter (Oudheusden: 110) is centrally located between two rows of the solar panels (Oudheusden: 120), and wherein the gutter extends from a first outer edge of the photovoltaic shade structure to a second outer edge of the photovoltaic shade structure (i.e.; front to back in Fig. 5).
In regards to claim 6, Dickey does not teach a gutter configured to route rainwater to an outer edge of the photovoltaic shade structure. Oudheusden teaches a photovoltaic shade structure including a gutter (110) configured to route rainwater to an outer edge of the photovoltaic shade structure.
It would be obvious to one of ordinary skill in the art before the effective filing date and with reasonable expectation of success to modify Dickey’s shad structure to include a gutter configured to route rainwater to an outer edge of the photovoltaic shade structure. The motivation would be for the purpose of collecting rain, snow and ice as taught by Oudheusden (Para. 0018).
In regards to claim 14, Dickey does not teach a sealant joining adjacent surfaces of two of the solar panels, the sealant preventing water from passing therethrough. Oudheusden teaches a photovoltaic shade structure including a sealant (210, Fig. 2A) joining adjacent surfaces of two of the solar panels (120), the sealant preventing water from passing therethrough.
It would be obvious to one of ordinary skill in the art before the effective filing date and with reasonable expectation of success to modify Dickey’s shad structure to include a sealant joining adjacent surfaces of two of the solar panels, the sealant preventing water from passing therethrough. The motivation would be for the purpose of preventing rain, snow and ice from running between the rows of solar panels as taught by Oudheusden (Para. 0031).
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Dickey et al. (US Pub. No. 2016/0190974 A1) in view of Jones et al. (US Pat. No. 10,920,424 B2).
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In regards to claim 7, Dickey does not teach each of the beams is formed of multiple members. Jones teaches a photovoltaic shade structure including beams (103) formed of multiple members (M; see annotation above).
It would be obvious to one of ordinary skill in the art before the effective filing date and with reasonable expectation of success to modify Dickey’s beams to each be formed of multiple members as taught by Jones. The motivation would be for the purpose of using I-beams to reduce material weight.
In regards to claim 8, in modifying Dickey, Jones teaches at least one of the beams (Jones: 103) comprises a gap (G; seen annotation above) formed between two of its multiple members (M), the gap capable of being used for routing electrical wiring from the solar panels to an electrical load or to power storage (e.g.; within the gap).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Dickey et al. (US Pub. No. 2016/0190974 A1) in view of Poivet (US Pat. No. 11,063,553 B2).
In regards to claim 13, Dickey does not teach a beam wrap substantially covering one of the posts. Poivet teaches a photovoltaic shade structure including a beam wrap (23) covering one of the posts (5).
It would be obvious to one of ordinary skill in the art before the effective filing date and with reasonable expectation of success to modify Dickey’s shade structure to include a beam wrap substantially covering one of the pots. The motivation would be for the purpose of protection, aesthetical reinforcement or other functions as taught by Poivet (Col 15, Lines 6-9).
Claims 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Dickey et al. (US Pub. No. 2016/0190974 A1) in view of Von Deylen (US Pat. No. 11,811,358 B2).
In regards to claim 15, Dickey does not teach a clamp configured to push two of the solar panels toward one another and to secure the two solar panels to one of the joists. Von Deylen teaches a clamp (25) configured to push two solar panels (9) toward one another and to secure the two solar panels to one of the joists (19) (i.e.; the barbs 55 resist movement of the solar panel away from the bolt 33 while the legs 53 provide a biasing force that presses the bottom 83 of the bracket 79 in a direction towards the top bracket 27 of the clamp; Col 7, Lines 19-37).
It would be obvious to one of ordinary skill in the art before the effective filing date and with reasonable expectation of success to modify Dickey’s shade structure to include a clamp configured to push two of the solar panels toward one another and to secure the two solar panels to one of the joists. The motivation would be for the purpose of providing a biasing force to help secure the solar module in the clamp as taught by Deylen (Col 7, Lines 31-32).
In regards to claim 16, in modifying Dickey, Deylen teaches the clamp (Deylen: 25) is secured to the joist using one or more threaded fasteners (Bolt 33 of Deylen).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see the PTO-892 for additional prior art related to the Applicant’s disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STANTON L KRYCINSKI whose telephone number is (571)270-5381. The examiner can normally be reached Monday-Friday, 10:00AM-5:00PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at (571)272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Stanton L Krycinski/Primary Examiner, Art Unit 3631