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
Election/Restriction
Claims 7-10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 3/30/2026.
Applicant's election with traverse of invention I, claims 1-6, and 11-12 in the reply filed on 3/30/2026 is acknowledged. The traversal is on the ground(s) that there is no serious examination burden presented by the different groups. This is not found persuasive because the photovoltaic system of invention I can be controlled without one or more measurements of the detected irradiance and the temperature at said at least one panel, and measurements.
The requirement is still deemed proper and is therefore made FINAL.
112f
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
(f) Element in Claim for a Combination. - An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Use of the word “means” (or “step for”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function.
Absence of the word “means” (or “step for”) in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that function.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation:
In claim 3, the limitation of “means of the first and second assemblies on a first side of the panel” will be interpreted as a connection of first and second photovoltaic assemblies [0008].
The limitation “forming second parallel bi-junction solar cells by means of the third and fourth assemblies on a second side of the panel.” will be interpreted as a connection of third and fourth photovoltaic assemblies [0008].
In claim 5, the limitation of “a frame provided with turning means for turning the panel” will be interpreted as a structure capable of turning the panels [Fig. 2B, 0039].
The limitation of “wherein the converter module comprises means for monitoring the irradiance detected by the panel” will be interpreted as a module the provides measurements of the detected irradiance [0046], the limitation of “means for monitoring weather data” will be interpreted as a module that provides measurements of weather data [0046] , the limitation of “means for monitoring the degradation of the absorbers for example perovskite type absorbers” will be interpreted as a module that provides the measurement of the degradation of the absorbers [0049], , the limitation of “means for controlling said turning means which are configured to turn said panel over in the event of a degradation exceeding a defined threshold in those among said first or third photovoltaic stacks with perovskite absorber that are positioned on the sunlight side in order to position them on the shadow side and to position the others among said first and third photovoltaic stacks with perovskite absorber on the sunlight side” will be interpreted as a module for operating the panel [Fig. 3, 0010]
Regarding Claim 6, the limitation of “comprises means for measuring the current/voltage, in darkness, of said photovoltaic stacks with perovskite absorber that are connected to it.” will be interpreted as a module that measures current in the darkness [0042].
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112 , sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Examiner suggests deleting the limitation of “means” from the claim limitations.
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 1-6 and 11-12 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.
Regarding Claim 1, the phrase "in particular" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding Claim 3, the limitation of “the first and second assemblies” lacks antecedent basis.
The limitation of “the third and fourth assemblies” lacks antecedent basis.
Regarding Claim 4, the limitation of “the shadow side” lacks antecedent basis.
Regarding Claim 5, the limitation of “it” is unclear as what “it” is referring to.
The limitation of “the shadow side” lacks antecedent basis.
The limitation of “those” is unclears as to what it is referring to.
The limitation of “the others” lacks antecedent basis.
Regarding Claim 6, the limitation of “it” is unclear as what “it” is referring to.
Regarding Claim 11, the limitation of “its” is unclear as what “its” is referring to.
Claims 2, 4, and 12 are as also rejected since the claims depend on claim 1.
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Khanam (US Pub No. 2023/0361229) in view of VanSant (Joule 5, 514–518, March 17, 2021 Elsevier Inc.), and Snaith (US Pub No. 2021/0399246)
Regarding Claim 1, Khanam et al. teaches a photovoltaic assembly comprising, a first, second, third and fourth photovoltaic stack [0015], each photovoltaic stack comprises a first and second selective extraction layer [each layer comprises a hole transport layer, and a electron transport layer, 0015] on a medium insulating layer [substrate, 0063].
Khanam et al. is silent on a first, second, third, fourth, fifth, sixth, seventh, eighth electrode for connecting the first and second transparent electrical contact layer of each photovoltaic stack., the different in bandgaps between the different photovoltaic stacks.
Snaith et al. teaches a recombination layer between each photovoltaic stack of a tandem solar cell, the recombination layer provides a reduction in internal reflective losses and an increase in power conversion efficiency [0022].
Since Khanam et al. teaches four photovoltaic stacks, it would have been obvious to one of ordinary skill in the art before the filing of the invention to apply the recombination layer of Snaith et al. between each photovoltaic stack of Khanam et al. in order to provide a reduction in internal reflective losses and an increase in power conversion efficiency [0022].
VanSant et al. teaches a tandem solar cell where a one of the photovoltaic stacks comprises electrodes on a top and bottom of the photovoltaic stack [Fig. 1, see top cell in 4T, top of page 515].
Since modified Khanam et al. teaches the use of four photovoltaic stacks in a tandem solar cell, it would have been obvious to one of ordinary skill in the art before the filing of the invention to modify each photovoltaic stack of Khanam et al. with the electrodes as shown in the photovoltaic stack of VanSant et al., where the photovoltaic stack comprises electrodes on the top and bottom of the stack, as it is merely the selection of a conventional engineering design and one of ordinary skill would have a reasonable expectation of success in doing so.
The combination of familiar elements is likely to be obvious when it does no more than yield predictable results. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, A.).
As a result of the combination, Khanam et al. teaches a first, second, third, and fourth photovoltaic stack, each comprising a active layer sandwiched between a first and second selective charge extraction layer, the first and second electrode on the first and second selective charge extraction layer of the first photovoltaic stack, the third and fourth electrode on the first and second selective charge extraction layer of the second photovoltaic stack, the fifth and sixth electrode on the first and second selective charge extraction layer of the third photovoltaic stack, the seventh and eighth electrode on the first and second selective charge extraction layer of the fourth photovoltaic stack. The recombination layer of Snaith et al. is the first transparent insulating layer and is provided between each photovoltaic stack of modified Khanam et al., where modified Khanam teaches the first transparent electrical contact layer and second transparent electrical contact layers are the first and second electrode of Khanam et al. [0065] and the ITO NPs and PEDOT:PSS of Snaith et al. The first and second electrode of Khanam et al. would be the transparent electrical contact layers connected to the first and eighth electrode, the internal ITO NPS and PEDOT:PSS of Snaith et al. would be the transparent electrical contact layers connected to the second through seventh electrodes, respectively. The first, second, third, and fourth photovoltaic stack can be made of a perovskite [0015]. Since modified Khanam et al. teaches a tandem cell, it would have been obvious to one of ordinary skill in the art before the filing of the invention to modify each photovoltaic stack with a different band gap in order to capture different spectrums of light.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Khanam (US Pub No. 2023/0361229) in view of VanSant (Joule 5, 514–518, March 17, 2021 Elsevier Inc.), and Snaith (US Pub No. 2021/0399246) as applied above in addressing claim 1, in further view of Shen (US Pub No. 2025/0228059)
Regarding Claim 2, within the combination above, modified Khanam et al. is silent on wherein the first and third photovoltaic stacks each comprises:
one or more first protection and passivation layers between said first selective charge extraction
layers and said perovskite absorber,
one or more second protection and passivation layers between said one or more second
selective charge extraction layers and said perovskite absorber
Shen et al. teaches the use of a passivation layer between an absorber layer used to prevent recombination of photogenerated charge carriers [0402].
Since modified Khanam et al. teaches use of a photovoltaic stack, it would have been obvious to on of ordinary skill in the art before the filing of the invention to provide the passivation layers of Shen et al. on both sides of the photovoltaic stack of modified Khanam et al. in order to prevent recombination of photogenerated charge carriers [0402].
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Khanam (US Pub No. 2023/0361229) in view of VanSant (Joule 5, 514–518, March 17, 2021 Elsevier Inc.), and Snaith (US Pub No. 2021/0399246) applied above in addressing claim 1, in further view of Huang (US Pub No. 2023/0110770)
Regarding Claim 3, within the combination above, modified Khanam et al. is silent on further comprising an electrical connection device configured for: connecting the first electrode and the third electrode, and connecting the second electrode and the fourth electrode, of said assemblies and forming first parallel bi-junction solar cells by means of the first and second assemblies on a first side of the panel, connecting the fifth electrode and the seventh electrode, and connecting the sixth electrode and the eighth electrode, and forming second parallel bi-junction solar cells by means of the third and fourth assemblies on a second side of the panel.
Huang et al. teaches a tandem solar cell which can be modified to a series or parallel configuration in order to provide the desired voltage or current [0084].
Since modified Khanam et al. teaches the use of a tandem solar cell, it would have been obvious to one of ordinary skill in the art before the filing of the invention to modify the cell of modified Khanam et al. to be in series or parallel with the electrical configuration of Huang et al., through the connections with the electrodes in modified Khanam et al., in order to provide the desire voltage or current [0084]
Allowable Subject Matter
Claims 4-6, and 11-12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Khanam (US Pub No. 2023/0361229), VanSant (Joule 5, 514–518, March 17, 2021 Elsevier Inc.), Snaith (US Pub No. 2021/0399246), and Shen (US Pub No. 2025/0228059) are the closest prior art.
Modified Khanam et al. teaches structural limitations of the claim but does not disclose the limitations of “such that, when the first face of the panel is arranged on the sunlight side and the second face of the panel on the shadow side, said first solar cells form a first current/voltage generator and said second solar cells are in a self- repair mode, and such that, when the device is turned over with the second face on the sunlight side and the first face on the shadow side, said second solar cells form a second voltage/current generator and said first solar cells are in a self-repair mode” in claim 4, “a frame provided with turning means for turning the panel, a converter module with MPPT regulation, and a regeneration module for regenerating said perovskite absorbers, wherein the converter module comprises means for monitoring the irradiance detected by the panel and means for monitoring weather data, means for monitoring the degradation of the absorbers, for example perovskite type absorbers , and means for controlling said turning means which are configured to turn said panel over in the event of a degradation exceeding a defined threshold in those among said first or third photovoltaic stacks with perovskite absorber that are positioned on the sunlight side in order to position them on the shadow side and to position the others among said first and third photovoltaic stacks with perovskite absorber on the sunlight side, the connection device being configured to disconnect those among said first and third photovoltaic stacks that are positioned on the shadow side of the converter module and to connect it to the regeneration module” in claim 5, “wherein the regeneration module comprises at least one of: a device for short-circuiting the electrodes of a photovoltaic stack with perovskite absorber that is connected to it, a device for open-circuiting the electrodes of said photovoltaic stack with perovskite absorber that is connected to it, a device for generating voltage pulses towards the photovoltaic stack with perovskite absorber that is connected to it, and comprises means for measuring the current/voltage, in darkness, of said photovoltaic stacks with perovskite absorber that are connected to it.” in claim 6, “comprising a processor associated with a program memory containing a program provided with instructions for implementing a method for controlling a photovoltaic system comprising a sequence of: one or more measurements of the detected irradiance and the temperature at said at least one panel, and measurements of weather data; a detection of whether it is a day or night situation;
if night is detected:
one or more recordings and analyses of the regeneration of the first and third photovoltaic
stacks with perovskite absorber, estimation of the time required for maximum regeneration of
said stacks, and implementation of regeneration processes for said first and third photovoltaic
stacks with perovskite absorber of said panel;
if day is detected: one or more sequences comprising: regeneration of the shadow-side photovoltaic stacks with
perovskite absorber; estimation of the expected performances of the sunlight-side absorber
photovoltaic stacks with perovskite absorber; measurement of the degradation of the sunlight-
side photovoltaic stacks with perovskite absorber relative to said expected performances; and
estimation of the regeneration rate of the shadow-side photovoltaic stacks with perovskite
absorber of said panel relative to said expected performances in order to detect a regeneration
rate giving a higher performance of the shadow-side photovoltaic stacks with absorber than the
performance of the sunlight-side photovoltaic stacks with perovskite absorber after
degradation ; and a detection such that:
if the regeneration of the shadow-side photovoltaic stacks with perovskite absorber
corresponds to a higher performance than the performance of the sunlight-side photovoltaic
stacks with perovskite absorber after degradation, said panel is turned over by controlling said
turning means;
if the regeneration of the shadow-side photovoltaic stacks with perovskite absorber
remains lower than the performance of the degraded sunlight-side photovoltaic stacks with
perovskite absorber, the panel is maintained in its position.” in claim 11, and “Computer-readable non-transitory storage medium on which the program of claim 11 is stored.” in claim 12.
These references, nor any other reference or combination of references in the prior art suggest or render obvious the limitations of “such that, when the first face of the panel is arranged on the sunlight side and the second face of the panel on the shadow side, said first solar cells form a first current/voltage generator and said second solar cells are in a self- repair mode, and such that, when the device is turned over with the second face on the sunlight side and the first face on the shadow side, said second solar cells form a second voltage/current generator and said first solar cells are in a self-repair mode” in claim 4, “a frame provided with turning means for turning the panel, a converter module with MPPT regulation, and a regeneration module for regenerating said perovskite absorbers, wherein the converter module comprises means for monitoring the irradiance detected by the panel and means for monitoring weather data, means for monitoring the degradation of the absorbers, for example perovskite type absorbers , and means for controlling said turning means which are configured to turn said panel over in the event of a degradation exceeding a defined threshold in those among said first or third photovoltaic stacks with perovskite absorber that are positioned on the sunlight side in order to position them on the shadow side and to position the others among said first and third photovoltaic stacks with perovskite absorber on the sunlight side, the connection device being configured to disconnect those among said first and third photovoltaic stacks that are positioned on the shadow side of the converter module and to connect it to the regeneration module” in claim 5, “wherein the regeneration module comprises at least one of: a device for short-circuiting the electrodes of a photovoltaic stack with perovskite absorber that is connected to it, a device for open-circuiting the electrodes of said photovoltaic stack with perovskite absorber that is connected to it, a device for generating voltage pulses towards the photovoltaic stack with perovskite absorber that is connected to it, and comprises means for measuring the current/voltage, in darkness, of said photovoltaic stacks with perovskite absorber that are connected to it.” in claim 6, “comprising a processor associated with a program memory containing a program provided with instructions for implementing a method for controlling a photovoltaic system comprising a sequence of: one or more measurements of the detected irradiance and the temperature at said at least one panel, and measurements of weather data; a detection of whether it is a day or night situation;
if night is detected:
one or more recordings and analyses of the regeneration of the first and third photovoltaic
stacks with perovskite absorber, estimation of the time required for maximum regeneration of
said stacks, and implementation of regeneration processes for said first and third photovoltaic
stacks with perovskite absorber of said panel;
if day is detected: one or more sequences comprising: regeneration of the shadow-side photovoltaic stacks with
perovskite absorber; estimation of the expected performances of the sunlight-side absorber
photovoltaic stacks with perovskite absorber; measurement of the degradation of the sunlight-
side photovoltaic stacks with perovskite absorber relative to said expected performances; and
estimation of the regeneration rate of the shadow-side photovoltaic stacks with perovskite
absorber of said panel relative to said expected performances in order to detect a regeneration
rate giving a higher performance of the shadow-side photovoltaic stacks with absorber than the
performance of the sunlight-side photovoltaic stacks with perovskite absorber after
degradation ; and a detection such that:
if the regeneration of the shadow-side photovoltaic stacks with perovskite absorber
corresponds to a higher performance than the performance of the sunlight-side photovoltaic
stacks with perovskite absorber after degradation, said panel is turned over by controlling said
turning means;
if the regeneration of the shadow-side photovoltaic stacks with perovskite absorber
remains lower than the performance of the degraded sunlight-side photovoltaic stacks with
perovskite absorber, the panel is maintained in its position.” in claim 11, and “Computer-readable non-transitory storage medium on which the program of claim 11 is stored.” in claim 12 in conjunction with the remaining limitation of the claims.
Therefore; claim 1 is allowed once the rejections under 35 USC 112 are overcome and the limitations of claims 4-6 and 11-12 are incorporated into claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL Y SUN whose telephone number is (571)270-0557. The examiner can normally be reached 9AM-7PM.
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/MICHAEL Y SUN/Primary Examiner, Art Unit 1728
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