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 § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 5 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 5 defines the connector as including an electrode. This is new matter as the specification, nor the original claims, recite the connector as including an electrode.
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.
Claim 5 is 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.
Applicant claims an interconnector in the preamble, then proceeds to recite limitations for structure that is not part of the interconnector device claimed. This leads to indefiniteness as the claim is not clear that an interconnector is the device being claimed, rather than a device incorporating all the recited structure.
Applicant recites the electrode as part of the connector, i.e., “the first connector includes the first electrode” and “the second connector includes the third electrode”. Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “connector” in claim 5 is used by the claim to mean “including an electrode,” while the accepted meaning is not inclusive of an electrode. The term is indefinite because the specification does not clearly redefine the term.
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.
(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.
Claim 5 is rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Inaba et al. (US 2019/0131473).
Regarding claim 5, Inaba discloses an interconnector the interconnector comprising:
a first interconnector (212) including a first electrode (212a), a second electrode (also identified as 212a), and a first connector (flexible portion 212b) connecting the first electrode and the second electrode (shown in fig. 3, see para [0038]-[0040]); and
a second interconnector (also identified as 212, shown in fig. 3) including a third electrode (also identified as 212a), a fourth electrode (also identified as 212a), and a second connector (also identified as flexible portion 212b) connecting the third electrode and the fourth electrode (shown in fig. 3, para [0038]-[0040]),
wherein the first connector (212) includes a first expanding and contracting portion (flexible portion 212b) that is expandable and contractible in a direction connecting the first electrode and the second electrode, and the second connector (also identified as 212) includes a second expanding and contracting portion (also identified as flexible portion 212b) that is expandable and contractible in a direction connecting the third electrode and the second electrode (see para [0038]-[0040] and [0044]).
The limitations that the first interconnector’s first electrode is connected to the first busbar electrode and second electrode is connected to the fourth busbar electrode, and
the second interconnector’s third electrode is connected to a second busbar electrode, the fourth electrode is connected to a third busbar electrode are intended use and is given weight to the extent that the prior art is able to perform the intended use. As evidence that Inaba is able to perform the intended use, see rejection of claim 1 of the previous office action, mailed 11/26/2025.
The amended limitations “the first photovoltaic cell includes a first semiconductor substrate including a first substrate front surface on which the first busbar electrode and the second busbar electrode are located and a first substrate back surface;the second photovoltaic cell includes a second semiconductor substrate including a second substrate front surface and a second substrate back surface on which the third busbar electrode and the fourth busbar electrode are located:
each of the first busbar electrode and the second busbar electrode includes a first protruding end portion protruding beyond the first semiconductor substrate toward the second photovoltaic cell:
each of the third busbar electrode and the fourth busbar electrode includes a second protruding end portion protruding beyond the second semiconductor substrate toward the first photovoltaic cell;
the first connector includes the first electrode having a first insertion hole in which the first protruding end portion of the first busbar electrode is inserted from above, and the second electrode having a second insertion hole in which the second protruding end portion of the fourth busbar electrode is inserted from below; and
the second connector includes the third electrode having a third insertion hole in which the second protruding end portion of the third busbar electrode is inserted from below, and the fourth electrode having a fourth insertion hole in which the first protruding end portion of the second busbar electrode is inserted from above.” are intended use and are given weight that the connector a Fukatsu is able to perform the intended use. It is the examiner’s position that the connector of Fukatsu is able to perform the intended use.
The preamble statement that the interconnector “allows a first photovoltaic cell and a second photovoltaic cell located adjacent to and spaced apart from the first photovoltaic cell in a first direction to be electrically connected, the first photovoltaic cell including a first busbar electrode and a second busbar electrode that are located adjacent to and spaced apart from each other in a second direction substantially perpendicular to the first direction, and the second photovoltaic cell including a third busbar electrode and a fourth busbar electrode that are located adjacent to and spaced apart from each other in the second direction, the third busbar electrode being located next to the first busbar electrode substantially linearly in the first direction, and the fourth busbar electrode being located next to the second busbar electrode substantially linearly in the first direction” is intended use and is not considered a limitation and is of no significance to claim construction. See Shoes by Firebug LLC v. Stride Rite Children’s Grp., LLC, 962 F.3d 1362, 2020 USPQ2d 10701 (Fed. Cir. 2020). See also MPEP § 2112.02 II.
Allowable Subject Matter
Claims 1 and 2 are allowed.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
The following is a statement of reasons for the indication of allowable subject matter:
The prior art does not disclose all the limitations of independent claim 1. Specifically, the prior art does not disclose wherein each of the first busbar electrode and the second busbar electrode includes a first protruding end portion protruding beyond the first semiconductor substrate toward the second photovoltaic cell, each of the third busbar electrode and the fourth busbar electrode includes a second protruding end portion protruding beyond the second semiconductor substrate toward the first photovoltaic cell, the first connector includes the first electrode having a first insertion hole in which the first protruding end portion of the first busbar electrode is inserted from above, and the second electrode having a second insertion hole in which the second protruding end portion of the fourth busbar electrode is inserted from below, and the second connector includes the third electrode having a third insertion hole in which the second protruding end portion of the third busbar electrode is inserted from above, and the fourth electrode having a fourth insertion hole in which the first protruding end portion of the second busbar electrode is inserted from below.
Inaba does disclose an interconnector for the solar cell to external circuitry, wherein an interconnector (tab lines 220 and 230) has through holes (221a and 231a) (see para [0040]-[0041]). Further, Inaba disclose wherein external circuitry connects by inserting a lead (boss 121a) is inserted into the through holes for electrical connection. But there is no motivation to modify the interconnectors (212) between solar cells without hindsight, simply to make the connection similar to that claimed, specifically the interconnectors are provided with stress relief.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Tourino et al. (US 2017/0040479).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAYNE L MERSHON whose telephone number is (571)270-7869. The examiner can normally be reached 10:00 to 6:00 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allison Bourke can be reached at (303) 297-4684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JAYNE L. MERSHON
Primary Examiner
Art Unit 1721
/JAYNE L MERSHON/ Primary Examiner, Art Unit 1721