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 Interpretation
It is noted that the limitation “seamlessly spliced” recited in claims 8 and 18 is interpreted in a manner consistent with the description of paragraph [0057] of the as-filed specification.
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 (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 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, 4, 6, and 8-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cheng et al. (WO 2019/196332 A1 – see attached machine translation).
Regarding claim 1, Cheng discloses a curved photovoltaic member ([0001])
comprising: a solar cell having a light receiving surface and a back surface opposite to the light receiving surface ([0010], [0011]), the solar cell being configured to convert light energy into electric energy ([0010] discloses a photovoltaic cell module); a front plate located at a side of the solar cell where the light receiving surface is located ([0010]); a conductive layer electrically connected to the solar cell and located at a side of the solar cell where the back surface is located ([0069], [0070], diode 22); and a back plate located at a side of the conductive layer away from the solar cell ([0071] – flexible backsheet 3), wherein the front plate, the solar cell, the conductive layer, and the back plate are sequentially laminated ([0077] – [0097]), wherein each of the front plate, the solar cell, and the back plate is in a shape with a curved surface ([0079]), wherein a longitudinal projection of the curved surface is a curve constituted by a plurality of curve segments connected in sequence (Fig. 1).
Regarding claim 4, Cheng discloses all the claim limitations as set forth above. Cheng further discloses the longitudinal projection of the curved surface is the curve constituted by the plurality of curve segments connected in sequence (Fig. 1), two adjacent curve segments of the plurality of curve segments have opposite bending directions (Fig. 1), and the plurality of curve segments have a same bending radius ([0045] discloses consistent undulations).
Regarding claim 6, Cheng discloses all the claim limitations as set forth above. Cheng further discloses the solar cell is a one-piece solar cell ([0069] – the disclosed flexible thin-film solar cell composed of multiple flexible thin-film solar cells interconnected and arranged into the required specifications satisfies the limitation requiring a one-piece solar cell).
Regarding claim 8, Cheng discloses all the claim limitations as set forth above. Cheng further discloses two adjacent solar cells are seamlessly spliced ([0069] – 21 in Fig. 1).
Regarding claim 9, Cheng discloses all the claim limitations as set forth above. Cheng further discloses a first adhesive layer (4 in Fig. 1) and a second adhesive layer (5 in Fig. 1), the first adhesive layer being configured to connect the front plate and the solar cell (4 in relation to 1 and 21 in Fig. 1), and the second adhesive layer being configured to connect the solar cell, the conductive layer, and the back plate (5 in relation to 21, 22, and 3 in Fig. 1).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Cheng et al. (WO 2019/196332 A1 – see attached machine translation) as applied to claim 1 above, in view of Goh et al. (US 2014/0093762).
Regarding claim 2, Cheng discloses all the claim limitations as set forth above.
While Cheng does not explicitly disclose the solar cell has a bending radius from 25 mm to 200 mm, Goh discloses if the radius of curvature is too small, stress is concentrated on the middle part of the battery cell, and if the radius of curvature is too large, it is difficult to control the radius of curvature ([0030]).
As the concentration of the stress and degree of control are variables that can be modified, among others, by adjusting said bending radius, with said stress concentration and degree of control both increasing as the bending radius is decreased, the precise bending radius would have been considered a result effective variable by one having ordinary skill in the art at the time the invention was made. As such, without showing unexpected results, the claimed bending radius cannot be considered critical. Accordingly, one of ordinary skill in the art at the time the invention was made would have optimized, by routine experimentation, the bending radius in the apparatus of Cheng, to obtain the desired balance between the concentration of the stress and the degree of control (In re Boesch, 617 F.2d. 272, 205 USPQ 215 (CCPA 1980)), since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. (In re Aller, 105 USPQ 223).
Claims 5, 7, 11, and 14-19 are rejected under 35 U.S.C. 103 as being unpatentable over Cheng et al. (WO 2019/196332 A1 – see attached machine translation) as applied to claim 1 above, in view of Li et al. (CN219180524U – see attached machine translation).
Regarding claim 5, Cheng discloses all the claim limitations as set forth above.
While Cheng does disclose arranging diodes 22 and electrode leads on the
arranged flexible thin-film solar cells 21 ([0082]; 21 and 22 in Fig. 1), and further discloses arranging diodes and positive and negative leads in strings on the arranged flexible thin-film solar cells 21 to form a photovoltaic module ([0082]; 21 and 22 in Fig. 1); Cheng does not explicitly disclose the positive and negative electrodes at the back surface of the solar cell, the conductive layer being connected to the positive electrode of one of two adjacent solar cells and the negative electrode of another of the two adjacent solar cells.
Li discloses a curved photovoltaic member ([n0007]) comprising: a solar cell having a light receiving surface and a back surface opposite to the light receiving surface (n0014]), the solar cell being configured to convert light energy into electric energy ([n0014] discloses solar cells), and further discloses the solar cell comprises a positive electrode and a negative electrode that are disposed on the back surface (Li - [n0025] discloses back contact (IBC) cells), the conductive layer being connected to the positive electrode of one of two adjacent solar cells and the negative electrode of another of the two adjacent solar cells (Li – [n0025] discloses a series and parallel design according to the output requirements).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to form the curved photovoltaic member of Cheng such that the positive and negative electrodes are disposed on the back surface, and the conductive layer being connected to the positive electrode and negative electrodes of adjacent cells, as disclosed by Li, because as evidenced by Li, the use of serially-connected back contact solar cells in a photovoltaic module amounts to the use of a known configuration in the art for its intended purpose to achieve an expected result, and one skilled in the art would have a reasonable expectation of success when using serially-contacted back contact solar cells in the photovoltaic module of Cheng based on the teaching of Li.
Regarding claim 7, Cheng discloses all the claim limitations as set forth above.
While Cheng does disclose a plurality of solar cells is arranged at intervals ([0069] – the disclosed multiple flexible thin-film solar cells interconnected and arranged into the required specifications satisfies the limitation requiring a plurality of solar cells arranged at intervals); Cheng does not explicitly disclose the curved photovoltaic member further comprises a shielding member, wherein the shielding member is disposed at light receiving surfaces of two adjacent solar cells of the plurality of solar cells, and an interval between the two adjacent solar cells is shielded by the shielding member.
Li discloses a curved photovoltaic member ([n0007]) comprising: a solar cell having a light receiving surface and a back surface opposite to the light receiving surface (n0014]), the solar cell being configured to convert light energy into electric energy ([n0014] discloses solar cells), and further discloses the curved photovoltaic member comprises a shielding member (Li – 5 in Figures 1 and 2), wherein the shielding member is disposed at light receiving surfaces of two adjacent solar cells of the plurality of the solar cells (Li – 5 in Fig. 2; it is noted that the limitation “disposed at” does not require direct physical contact or the absence of intermediate components), and an interval between the two adjacent solar cells is shielded by the shielding member (Li – 5 in Fig. 2 shields an interval between adjacent cells; it is noted that shielding of the interval between the adjacent cells of Fig. 2 of Li can occur from the top or bottom directions, or from the side directions, as the claim does not specify the direction in which the shielding occurs).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to include a shielding member, as disclosed by Li, in the curved photovoltaic member of Cheng, because as taught by Li, sealing strip 5 can be a waterproof sealing strip and is used to seal the edges thereby protecting the photovoltaic modules ([n0029]).
Regarding claim 11, Cheng discloses a surface comprising a plurality of curved photovoltaic members ([0069] discloses the flexible thin-film solar cell 21 is composed of multiple flexible thin-film solar cells interconnected and arranged into the required specifications), adjacent curved photovoltaic members being connected to each other ([0069]), each of the plurality of curved photovoltaic members comprising: a solar cell having a light receiving surface and a back surface opposite to the light receiving surface ([0010], [0011]), the solar cell being configured to convert light energy into electric energy ([0010] discloses a photovoltaic cell module); a front plate located at a side of the solar cell where the light receiving surface is located ([0010]); a conductive layer electrically connected to the solar cell and located at a side of the solar cell where the back surface is located ([0069], [0070], diode 22); and a back plate located at a side of the conductive layer away from the solar cell ([0071] – flexible backsheet 3), wherein the front plate, the solar cell, the conductive layer, and the back plate are sequentially laminated ([0077] – [0097]), wherein each of the front plate, the solar cell, and the back plate is in a shape with a curved surface ([0079]), wherein a longitudinal projection of the curved surface is a curve constituted by a plurality of curve segments connected in sequence (Fig. 1).
Cheng does not explicitly disclose a photovoltaic building surface.
Li discloses a curved photovoltaic member ([n0007]) comprising: a solar cell having a light receiving surface and a back surface opposite to the light receiving surface (n0014]), the solar cell being configured to convert light energy into electric energy ([n0014] discloses solar cells), and further discloses a photovoltaic building surface ([n0003]).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to include the curved photovoltaic members of Cheng in a photovoltaic building surface, as disclosed by Li, because as evidenced by Li, the use of a curved photovoltaic member in a photovoltaic building surface amounts to the use of a known component in the art for its intended purpose to achieve an expected result, and one skilled in the art would have a reasonable expectation of success when including the curved photovoltaic members of Cheng in a photovoltaic building surface based on the teaching of Li.
Regarding claim 14, modified Cheng discloses all the claim limitations as set forth above. Modified Cheng further discloses the longitudinal projection of the curved surface is the curve constituted by the plurality of curve segments connected in sequence (Cheng - Fig. 1), two adjacent curve segments of the plurality of curve segments have opposite bending directions (Cheng - Fig. 1), and the plurality of curve segments have a same bending radius (Cheng - [0045] discloses consistent undulations).
Regarding claim 15, modified Cheng discloses all the claim limitations as set
forth above.
While modified Cheng does disclose arranging diodes 22 and electrode leads on
the arranged flexible thin-film solar cells 21 (Cheng - [0082]; 21 and 22 in Fig. 1), and further discloses arranging diodes and positive and negative leads in strings on the arranged flexible thin-film solar cells 21 to form a photovoltaic module (Cheng - [0082]; 21 and 22 in Fig. 1); modified Cheng does not explicitly disclose the positive and negative electrodes at the back surface of the solar cell, the conductive layer being connected to the positive electrode of one of two adjacent solar cells and the negative electrode of another of the two adjacent solar cells.
Li discloses a curved photovoltaic member ([n0007]) comprising: a solar cell having a light receiving surface and a back surface opposite to the light receiving surface (n0014]), the solar cell being configured to convert light energy into electric energy ([n0014] discloses solar cells), and further discloses the solar cell comprises a positive electrode and a negative electrode that are disposed on the back surface (Li - [n0025] discloses back contact (IBC) cells), the conductive layer being connected to the positive electrode of one of two adjacent solar cells and the negative electrode of another of the two adjacent solar cells (Li – [n0025] discloses a series and parallel design according to the output requirements).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to form the curved photovoltaic member of modified Cheng such that the positive and negative electrodes are disposed on the back surface, and the conductive layer being connected to the positive electrode and negative electrodes of adjacent cells, as disclosed by Li, because as evidenced by Li, the use of serially-connected back contact solar cells in a photovoltaic module amounts to the use of a known configuration in the art for its intended purpose to achieve an expected result, and one skilled in the art would have a reasonable expectation of success when using serially-contacted back contact solar cells in the photovoltaic module of modified Cheng based on the teaching of Li.
Regarding claim 16, modified Cheng discloses all the claim limitations as set forth above. Modified Cheng further discloses the solar cell is a one-piece solar cell (Cheng - [0069], the disclosed flexible thin-film solar cell composed of multiple flexible thin-film solar cells interconnected and arranged into the required specifications satisfies the limitation requiring a one-piece solar cell).
Regarding claim 17, modified Cheng discloses all the claim limitations as set forth above.
While modified Cheng does disclose a plurality of solar cells is arranged at intervals (Cheng - [0069], the disclosed multiple flexible thin-film solar cells interconnected and arranged into the required specifications satisfies the limitation requiring a plurality of solar cells arranged at intervals); modified Cheng does not explicitly disclose the curved photovoltaic member further comprises a shielding member, wherein the shielding member is disposed at light receiving surfaces of two adjacent solar cells of the plurality of solar cells, and an interval between the two adjacent solar cells is shielded by the shielding member.
Li discloses a curved photovoltaic member ([n0007]) comprising: a solar cell having a light receiving surface and a back surface opposite to the light receiving surface (n0014]), the solar cell being configured to convert light energy into electric energy ([n0014] discloses solar cells), and further discloses the curved photovoltaic member comprises a shielding member (Li – 5 in Figures 1 and 2), wherein the shielding member is disposed at light receiving surfaces of two adjacent solar cells of the plurality of the solar cells (Li – 5 in Fig. 2; it is noted that the limitation “disposed at” does not require direct physical contact or the absence of intermediate components), and an interval between the two adjacent solar cells is shielded by the shielding member (Li – 5 in Fig. 2 shields an interval between adjacent cells; it is noted that shielding of the interval between the adjacent cells of Fig. 2 of Li can occur from the top or bottom directions, or from the side directions, as the claim does not specify the direction in which the shielding occurs).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to include a shielding member, as disclosed by Li, in the curved photovoltaic member of modified Cheng, because as taught by Li, sealing strip 5 can be a waterproof sealing strip and is used to seal the edges thereby protecting the photovoltaic modules ([n0029]).
Regarding claim 18, modified Cheng discloses all the claim limitations as set forth above. Modified Cheng further discloses two adjacent solar cells are seamlessly spliced (Cheng - [0069], 21 in Fig. 1).
Regarding claim 19, modified Cheng discloses all the claim limitations as set forth above. Modified Cheng further discloses a first adhesive layer (Cheng - 4 in Fig. 1) and a second adhesive layer (Cheng - 5 in Fig. 1), the first adhesive layer being configured to connect the front plate and the solar cell (Cheng - 4 in relation to 1 and 21 in Fig. 1), and the second adhesive layer being configured to connect the solar cell, the conductive layer, and the back plate (Cheng - 5 in relation to 21, 22, and 3 in Fig. 1).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Cheng et al. (WO 2019/196332 A1 – see attached machine translation) as applied to claim 1 above, in view of Li et al. (CN219180524U – see attached machine translation) and further in view of Zhang et al. (CN 214956902U – see attached machine translation).
Regarding claim 10, Cheng discloses all the claim limitations as set forth above.
Cheng does not explicitly disclose the conductive layer is black.
Li discloses a curved photovoltaic member ([n0007]) comprising: a solar cell having a light receiving surface and a back surface opposite to the light receiving surface (n0014]), the solar cell being configured to convert light energy into electric energy ([n0014] discloses solar cells), and further discloses the solar cell comprises a positive electrode and a negative electrode that are disposed on the back surface (Li - [n0025] discloses back contact (IBC) cells), the conductive layer being connected to the positive electrode of one of two adjacent solar cells and the negative electrode of another of the two adjacent solar cells (Li – [n0025] discloses a series and parallel design according to the output requirements).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to form the curved photovoltaic member of Cheng such that the positive and negative electrodes are disposed on the back surface, and the conductive layer being connected to the positive electrode and negative electrodes of adjacent cells, as disclosed by Li, because as evidenced by Li, the use of serially-connected back contact solar cells in a photovoltaic module amounts to the use of a known configuration in the art for its intended purpose to achieve an expected result, and one skilled in the art would have a reasonable expectation of success when using serially-contacted back contact solar cells in the photovoltaic module of Cheng based on the teaching of Li.
Modified Cheng does not explicitly disclose the conductive layer (IBC back contact of modified Li) is black.
Zhang discloses an all-black, high-efficiency, high-reliability IBC back contact component ([n0001]).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to form the IBC back contact of modified Cheng with an all-black IBC back contact component, as disclosed by Zhang, because as taught by Zhang, the IBC back contact component has high-efficiency and high reliability ([n0001]).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Cheng et al. (WO 2019/196332 A1 – see attached machine translation) in view of Li et al. (CN219180524U – see attached machine translation) as applied to claim 11 above, and further in view of Goh et al. (US 2014/0093762).
Regarding claim 12, modified Cheng discloses all the claim limitations as set
forth above.
While modified Cheng does not explicitly disclose the solar cell has a bending radius from 25 mm to 200 mm, Goh discloses if the radius of curvature is too small, stress is concentrated on the middle part of the battery cell, and if the radius of curvature is too large, it is difficult to control the radius of curvature ([0030]).
As the concentration of the stress and degree of control are variables that can be modified, among others, by adjusting said bending radius, with said stress concentration and degree of control both increasing as the bending radius is decreased, the precise bending radius would have been considered a result effective variable by one having ordinary skill in the art at the time the invention was made. As such, without showing unexpected results, the claimed bending radius cannot be considered critical. Accordingly, one of ordinary skill in the art at the time the invention was made would have optimized, by routine experimentation, the bending radius in the apparatus of modified Cheng to obtain the desired balance between the concentration of the stress and the degree of control (In re Boesch, 617 F.2d. 272, 205 USPQ 215 (CCPA 1980)), since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. (In re Aller, 105 USPQ 223).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Cheng et al. (WO 2019/196332 A1 – see attached machine translation) in view of Li et al. (CN219180524U – see attached machine translation) as applied to claim 11 above, and further in view of Zhang et al. (CN 214956902U – see attached machine translation).
Regarding claim 20, modified Cheng discloses all the claim limitations as set forth above.
Modified Cheng does not explicitly disclose the conductive layer is black.
Li discloses a curved photovoltaic member ([n0007]) comprising: a solar cell having a light receiving surface and a back surface opposite to the light receiving surface (n0014]), the solar cell being configured to convert light energy into electric energy ([n0014] discloses solar cells), and further discloses the solar cell comprises a positive electrode and a negative electrode that are disposed on the back surface (Li - [n0025] discloses back contact (IBC) cells), the conductive layer being connected to the positive electrode of one of two adjacent solar cells and the negative electrode of another of the two adjacent solar cells (Li – [n0025] discloses a series and parallel design according to the output requirements).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to form the curved photovoltaic member of modified Cheng such that the positive and negative electrodes are disposed on the back surface, and the conductive layer being connected to the positive electrode and negative electrodes of adjacent cells, as disclosed by Li, because as evidenced by Li, the use of serially-connected back contact solar cells in a photovoltaic module amounts to the use of a known configuration in the art for its intended purpose to achieve an expected result, and one skilled in the art would have a reasonable expectation of success when using serially-contacted back contact solar cells in the photovoltaic module of modified Cheng based on the teaching of Li.
Modified Cheng does not explicitly disclose the conductive layer (IBC back contact of modified Li) is black.
Zhang discloses an all-black, high-efficiency, high-reliability IBC back contact component ([n0001]).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to form the IBC back contact of modified Cheng with an all-black IBC back contact component, as disclosed by Zhang, because as taught by Zhang, the IBC back contact component has high-efficiency and high reliability ([n0001]).
Response to Arguments
Applicant’s arguments with respect to claims 1-2, 4-12, and 14-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
It is noted that the claim amendments overcome the double patenting and 112
rejection set forth in the previous office action.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/TAMIR AYAD/Primary Examiner, Art Unit 1726