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 .
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.
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 11-12 and 20 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.
Claim 11 contains the limitation “among two adjacent irregularities, the first surface of one irregularity and the second surface of the other one irregularity are connected to each other”. Claim 1, from which claim 11 depends, requires “wherein the plurality of irregularities are spaced a predetermined non-zero distance from each other in the third direction”. The structure required is unclear. How can the irregularities be spaced a non-zero distance from each other and also have connected first and second surfaces? Appropriate clarification is required. Since it is unclear what structure is required by the claim, claim 11 will not be further treated on the merits.
Claim 12 contains the limitation “wherein the plurality of irregularities are continuously arranged in the second direction and the third direction”. Claim 1, from which claim 12 depends, requires “wherein the plurality of irregularities are spaced a predetermined non-zero distance from each other in the third direction”. The structure required is unclear. How can the irregularities be spaced a non-zero distance from each other in the third direction and also be “continuously arranged” in the third direction? What structure is required by “continuously arranged”? Appropriate clarification is required. Since it is unclear what structure is required by the claim, claim 12 will not be further treated on the merits.
Claim 20 contains the limitation “wherein the irregularities are arranged such that first and second surfaces of adjacent irregularities are connected, forming a continuous pattern across a surface of the cover plate”. Claim 19, from which claim 20 depends, requires “wherein the plurality of irregularities are spaced a predetermined non-zero distance from each other in the third direction”. The structure required is unclear. How can the irregularities be spaced a non-zero distance from each other and also have connected first and second surfaces? Additionally, what is required by a “continuous patten”? How can the pattern be continuous if the irregularities are spaced apart from each other? Appropriate clarification is required. For the purpose of this Office Action, claim 20 will be treated as if it only reads “wherein a coating layer is applied on a surface of the irregularities, the coating layer having a refractive index lower than that of the material of the cover plate”.
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.
The factual inquiries 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 1-6, 8, 14, 16, 17, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Shin et al. (KR 20210118641A, see English machine translation previously provided for mapping) in view of Zhang et al. (US 2014/0311566) and Schiavoni et al. (US 2009/0320899).
Regarding claim 1, Shin discloses a solar cell module in Figure 2 comprising:
a solar cell (30) configured to absorb sunlight ([27] and [50]); and
a cover plate (pattern structure layer 10) configured to cover the solar cell ([34]-[35]), wherein the cover plate (10) is formed of a polymer material ([35]),
wherein the cover plate comprises an optical pattern part comprising a plurality of irregularities (triangular shaped patterns) having an asymmetrical shape with respect to a first direction perpendicular to the solar cell (Figure 2, [27] and [31], the shape of the pattern structure can be a right triangle which is an asymmetric shaped pattern).
Shin does not disclose a glass plate stacked between the solar cell and the cover plate.
Zhang discloses a texturized front cover plate (101) for a solar cell (106, [114]-[116]) wherein the cover plate (101) is formed of a polymer material ([31]) and a glass plate (104, [115]) stacked between the solar cell (106) and the cover plate (101) (Figures 5 and 7 and [114]-[116]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to add a glass plate stacked between the solar cell and the cover plate in the device of Shin, as taught by Zhang, in order to protect the solar cell from damage. Such a modification would amount to nothing more than the combination of prior art elements according to known methods to yield predictable results.
Shin additionally discloses that each of the plurality of irregularities has a shape extending in a second direction perpendicular to the first direction (Figure 2); wherein the plurality of irregularities are arranged in a third direction intersecting the first direction and the second direction (The irregularities are three dimensional and are necessarily arranged in three directions).
Modified Shin does not disclose that the plurality of irregularities are spaced a predetermined non-zero distance from each other in the third direction.
Schiavoni discloses a transparent cover plate for a photovoltaic cell (abstract and Figure 7) comprising a plurality of asymmetrical shaped irregularities ([21]-[22]) which are spaced a predetermined non-zero distance from each other (Figure 7 and [21]-[22]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the device of Shin such that the plurality of irregularities are spaced a predetermined non-zero distance from each other in the third direction, as taught by Schiavoni, because such a modification improves the appearance of the device to an observer (Schiavoni, [22]).
Regarding claim 2, modified Shin discloses all of the claim limitations as set forth above. Shin additionally discloses the cover plate comprises a base part configured to cover the solar cell (bottom surface of layer 10 reads on base part, Figure 2), the optical pattern part (triangular shapes) protrudes from the base part, and the base part and the optical pattern part are integrally formed (Figure 2).
Regarding claim 3, modified Shin discloses all of the claim limitations as set forth above. Shin additionally discloses that the solar cell (30) is positioned on one surface of the base part (bottom or base part), and the optical pattern part is formed on the other surface opposite to the one surface of the base part (optical pattern is formed on top surface of base part as shown in Figure 2).
Regarding claim 4, modified Shin discloses all of the claim limitations as set forth above. Shin additionally discloses that each of the irregularities comprises a first surface extending from the base part and a second surface extending from the base part such that the second surface is connected to the first surface, and wherein a measure of a first angle formed between the first surface and the base part and a measure of a second angle formed between the second surface and the base part are different from each other (Figure 5 and 6a and [41], the shape of the triangle can be adjusted such that the angles θ1 and θ2 are different from each other).
Regarding claim 5, modified Shin discloses all of the claim limitations as set forth above. Shin additionally discloses that the measure of the first angle is greater than the measure of the second angle (The greater of θ1 and θ2 is interpreted as reading on the first angle).
Regarding claim 6, modified Shin discloses all of the claim limitations as set forth above. Shin additionally discloses that the first angle is about 60 degrees or more and 90 degrees or less ([23], the first angle can be 90 degrees), and the second angle is about 30 degrees or more and 70 degrees or less (when the first angle is 90 degrees according to [23] and [27]-[29], the second angle is necessarily 45 degrees which forms a right triangle).
Regarding claim 8, modified Shin discloses all of the claim limitations as set forth above. Shin additionally discloses that a cross section of the irregularities, which is perpendicular to the second direction, has a triangular shape (Figure 2, [27] and [31]).
Regarding claim 14, modified Shin discloses all of the claim limitations as set forth above. Shin additionally discloses a coating layer provided in the irregularity to prevent reflection of the sunlight (antireflection film, [36]-[38]).
Regarding claims 16 and 17, modified Shin discloses all of the claim limitations as set forth above. Shin additionally discloses that second surface is inclined toward the base part (Figure 2) and the irregularities have a symmetrical shape with respect to a plane formed parallel to the first direction (See plurality of triangles of the same shape in Figure 2 which reads on symmetrical with respect to a plane formed parallel to first direction).
Regarding claim 19, Shin discloses a solar cell module in Figure 2 comprising:
a solar cell (30) ([27] and [50]); and
a cover plate (pattern structure layer 10) configured to cover the solar cell ([34]-[35]), wherein the cover plate (10) is formed of a polymer material ([35]),
wherein the cover plate comprises a plurality of irregularities having a triangular cross-sectional shape with asymmetrical angles (Figure 2, [27] and [31], the shape of the pattern structure can be a right triangle which is an asymmetric shaped pattern with asymmetrical angles), wherein the irregularities are configured to reduce reflection of sunlight at high incident angles by directing sunlight toward the solar cell (30) (Figure 2), wherein a first angle of the triangular cross-section is greater than a second angle of the triangular cross-section, and wherein the second angle of the triangular cross-section is between about 30° and 70° and the first angle is between about 60° and 90° ([23] and [27]-[29], the first angle can be 90 degrees and when the first angle is 90 degrees, the second angle is necessarily 45 degrees which forms a right triangle).
Shin does not disclose a glass plate stacked between the solar cell and the cover plate.
Zhang discloses a texturized front cover plate (101) for a solar cell (106, [114]-[116]) wherein the cover plate (101) is formed of a polymer material ([31]) and a glass plate (104, [115]) stacked between the solar cell (106) and the cover plate (101) (Figures 5 and 7 and [114]-[116]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to add a glass plate stacked between the solar cell and the cover plate in the device of Shin, as taught by Zhang, in order to protect the solar cell from damage. Such a modification would amount to nothing more than the combination of prior art elements according to known methods to yield predictable results.
Shin additionally discloses that each of the plurality of irregularities has a shape extending in a second direction perpendicular to the first direction that is perpendicular to the solar cell (Figure 2); wherein the plurality of irregularities are arranged in a third direction intersecting the first direction and the second direction (The irregularities are three dimensional and are necessarily arranged in three directions).
Modified Shin does not disclose that the plurality of irregularities are spaced a predetermined non-zero distance from each other in the third direction.
Schiavoni discloses a transparent cover plate for a photovoltaic cell (abstract and Figure 7) comprising a plurality of asymmetrical shaped irregularities ([21]-[22]) which are spaced a predetermined non-zero distance from each other (Figure 7 and [21]-[22]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the device of Shin such that the plurality of irregularities are spaced a predetermined non-zero distance from each other in the third direction, as taught by Schiavoni, because such a modification improves the appearance of the device to an observer (Schiavoni, [22]).
Regarding claim 20, modified Shin discloses all of the claim limitations as set forth above. Shin additionally discloses that a coating layer (antireflective film) is applied on a surface of the irregularities, the coating layer having a refractive index lower than that of the material of the cover plate (Figures 6b-c, [36]-[40]).
Response to Arguments
Applicant’s arguments have been considered but are moot as a result of the new grounds of rejection and the addition of the Schiavoni reference.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LINDSEY A BUCK whose telephone number is (571)270-1234. The examiner can normally be reached Monday-Friday 9am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Martin can be reached at (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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/LINDSEY A BUCK/Primary Examiner, Art Unit 1728
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