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 .
Status of Claims
Claims 1-10 are pending and examined below.
Claim Rejections - 35 USC § 112
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.
Claim 5 recites the limitation "adhesive portion" in lines 1-2 and line 3. There is indefinite antecedent basis for this limitation in the claim. Specifically, claim 1 recites “an adhesive portion comprising a plurality of fixing adhesive points”. It is unclear whether the adhesive portion of claim 5 is the same adhesive portion recited in claim 1.
Claim Interpretation
The examiner is interpreting an adhesive portion to refer to the same structure in both claim 1 and claim 5. This interpretation is supported by applicant’s specification, see page 2, para [0007]).
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.
Claims 1, 5, 6 and 9 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Jang et al. (US 2019/0074395).
Regarding claim 1, Jang discloses a solar cell structure (see fig. 1), comprising:
a solar cell (10) (see fig. 1, para [0085]-[0086]);
an adhesive portion (43, insulating layer) comprising a plurality of fixing adhesive points (shown in fig. 24) which are provided on a surface of the solar cell (10) at intervals in a first direction (see fig. 24, para [0201]); and
a conductive component (25; comprising 21 and/or 23), a surface of the conductive component (25) facing the solar cell being provided with a plurality of first contact regions (43) and a plurality of second contact regions (41, conductive layer),
the plurality of first contact regions and the plurality of second contact regions being arranged alternately in the first direction (shown in fig. 24);
wherein the conductive component (25) is fixed to the plurality of fixing adhesive points (43) through the plurality of first contact regions (43),
the plurality of fixing adhesive points (43, insulating layer) electrically isolate the solar cell (10) from the conductive component (25) in the plurality of first contact regions [0199]-[0207]),
the conductive component (25) is electrically in contact with a region on the solar cell other than the plurality of fixing adhesive points (43) through the plurality of second contact regions (41, conductive layer), to form a discontinuous contact between the conductive component and the solar cell (see para [0085]-[0086], [0199]-[0207]).
Regarding claim 5, Jang disclose a solar cell structure according to claim 1, wherein there exists a plurality of adhesive portions (43) which are provided on the surface of the solar cell at intervals in a second direction perpendicular to the first direction, and each adhesive portion is connected to a conductive component (25) (see discussion of claim 1, fig. 24, para [0199]-[0207]).
Regarding claim 6, Jang discloses a solar cell structure according to claim 1, wherein a fixing adhesive point (43) at least partially covers the conductive component in a circumferential direction (at least bottom surface reads on at least partially) of the conductive component (25) (shown in fig. 25) ; and/or
the conductive component (25) comprises an electric conductor (core) and a metal solder (coating), the metal solder coats an outer side of the electric conductor (shown in fig. 6, see para [0101-[0103]), and
the metal solder (coating) is electrically in contact with the solar cell (10) in a second contact region (41) (shown in figs. 24-25, see para [0199]-[0207]).
Regarding claim 9, Jang discloses a solar cell structure according to claim 1, wherein a distance between any two adjacent first contact regions in the first direction is the same and/or different; and/or
sizes of the plurality of first contact regions in the first direction are the same and/or different (shown in fig. 24, see para [0199]-[0207]). Specifically, the distance is the same or it is different, and the size is the same or it is different.
It is the examiner’s position that the recited limitation is disclosed by Jang is due to the distance between adjacent first contact regions and size of first contact regions being one of the same or different is inherent. See MPEP § 2112.
Claim Rejections - 35 USC § 103
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.
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.
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 non-obviousness.
Claims 2-4 and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Jang et al. as applied to claim 1 above, and further as follows:
Regarding claim 2, Jang discloses a solar cell structure according to claim 1, wherein the solar cell (10) is provided with a plurality of gridlines (11/13), the plurality of gridlines are provided on the surface of the solar cell (10) at intervals in the first direction, the plurality of gridlines extend in a second direction perpendicular to the first direction (shown in fig. 24), and
a connection region (45) on the solar cell is formed between every two adjacent gridlines (shown in fig. 24);
the plurality of fixing adhesive points (43) are provided in a plurality of connection regions and/or on the plurality of gridlines (specifically on the grid lines, shown in fig. 24), and the conductive component (25) is electrically, through the plurality of second contact regions (41), in contact with the plurality of gridlines (11/13) and the plurality of connection regions (45) on the solar cell other than the plurality of fixing adhesive points (shown in fig. 24, para [0199]-[0207]). Specifically, Jang discloses the connection region (45) may comprise the material of adhesive points (43) or the second contact regions (41).
It would be obvious to a person having ordinary skill in the art to modify Jang to provide connection regions (45) with any configuration of the material of first contact region (43, isolating) or the second contact region (41, electrical connection) as the court has held it would be obvious to a person having ordinary skill in the art as Jang discloses choosing from a finite number of identified, predictable solutions i.e., material of first contact region (43) or material of second contact region (41), one of ordinary skill in the art would have found obvious to pursue the known options with a reasonable expectation of success. See MPEP § 2143.
Regarding claim 3, Jang discloses a solar cell structure according to claim 2, wherein each connection region (45) is provided with a fixing adhesive point; or
a part of the connection regions are provided with the fixing adhesive points (see discussion of claim 2), at least a part of the fixing adhesive points are arranged adjacent to each other, and/or
at least a part of the fixing adhesive points are spaced from each other by at least one connection region (shown in fig. 24, i.e., connection regions (45) are adjacent to each other in the second direction and spaced from each other by grid lines (11/13, i.e., first and second connection points), further each connection region (45) is between a first connection region (43, therefore adjacent), and a second connection point (41, therefore spaced apart), see para [0199]-[0207]).
Regarding claim 4, Jang discloses a solar cell structure according to claim 2, wherein each gridline (11/13) is provided with a fixing adhesive point (43); or
a part of the gridlines (11/13) are provided with the fixing adhesive points (43), at least a part of the fixing adhesive points (43) are arranged adjacent to each other, or
at least a part of the fixing adhesive points (43) are spaced from each other by at least one gridline (11/13) (shown in fig. 24, see para [0199]-[0207]). Specifically, each of the gridlines (11/13) comprise a fixing adhesive point (43) and at least a part of the fixing adhesive points (43) are separated by a grid line in at least the first direction. See discussion of claim 2.
Regarding claim 7, Jang discloses a solar cell structure according to claim 1, wherein the plurality of fixing adhesive points has the same shape and/or different shapes (shown in fig. 24, para [0199]-[0207]).
Jang does not disclose a shape of a fixing adhesive point (43) is a hemispherical shape, a square shape, a shape formed by splicing straight lines, a shape formed by splicing curves, or a shape formed by splicing straight lines and curves. Jang does disclose the fixing adhesive point as rectangular (shown in fig. 24).
It would be obvious to a person having ordinary skill in the art to modify the rectangular shape of the fixing adhesive point (43) to be anyone of a hemispherical shape, a square shape, a shape formed by splicing straight lines, a shape formed by splicing curves, or a shape formed by splicing straight lines and curves as one skilled in the art would be motivated to utilized a shape that fit with the design of the solar cell. The court has held a change in shape is a matter of engineering choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant. See MPEP § 2144.04.
Regarding claim 8, Jang discloses a solar cell structure according to claim 1, but does not disclose wherein a ratio of a sum of lengths of the first contact regions in the first direction to a length of the solar cell is less than or equal to 50%; and/or a ratio of the sum of lengths of the first contact regions in the first direction to the length of the solar cell is greater than or equal to 1%.
The ratio of the sum of the lengths of the first contact regions to the length of the solar cell is a result effective variable as the adhesive must be sufficient in amount to fix the conductive component and small enough to leave room for the conductive contact of the conductive component to the grid lines.
The court has held that absent criticality or unexpected results, it would be obvious for a person having ordinary skill in the art to optimize a result effective variable for the intended use of the device. Differences in said result effective variable will not support the patentability of subject matter encompassed by the prior art. “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). See also MPEP § 2144.05.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Jang et al. (US 2019/0074395) in view of Zhou et al. (US 9,935,222).
Regarding claim 10, Jang discloses a photovoltaic module (see abstract), comprising:
a solar cell string (shown in fig. 1);
wherein the solar cell string comprises a plurality of solar cell structures (shown in fig. 1), and the plurality of solar cell structures are connected to each other in series to form the solar cell string (shown in fig. 1, see para [0007], [0086]-[0089]);
wherein a solar cell structure (shown in fig. 1) comprises:
a solar cell (10) (see fig. 1, para [0085]-[0086]);
an adhesive portion (43, insulating layer) comprising a plurality of fixing adhesive points (shown in fig. 24) which are provided on a surface of the solar cell (10) at intervals in a first direction (see fig. 24, para [0201]); and
a conductive component (25; comprising 21 and/or 23), a surface of the conductive component (25) facing the solar cell being provided with a plurality of first contact regions (43) and a plurality of second contact regions (41, conductive layer),
the plurality of first contact regions and the plurality of second contact regions being arranged alternately in the first direction (shown in fig. 24);
wherein the conductive component (25) is fixed to the plurality of fixing adhesive points (43) through the plurality of first contact regions (43),
the plurality of fixing adhesive points (43, insulating layer) electrically isolate the solar cell (10) from the conductive component (25) in the plurality of first contact regions [0199]-[0207]),
the conductive component (25) is electrically in contact with a region on the solar cell other than the plurality of fixing adhesive points (43) through the plurality of second contact regions (41, conductive layer), to form a discontinuous contact between the conductive component and the solar cell (see para [0085]-[0086], [0199]-[0207]).
Jang does not disclose the photovoltaic module comprises a cover plate, and a backplane, wherein the cover plate and the backplane are provided on both sides of the solar cell string, the cover plate, the backplane, and the solar cell string are encapsulated through an encapsulation process.
Zhou is analogous art to Jang as Zhou is directed to a photovoltaic module (see abstract). Zhou discloses how to form a photovoltaic module from a solar cell string, (see col. 28, lines 57-59). Zhou discloses wherein a photovoltaic module comprises a cover plate, and a backplane, wherein the cover plate and the backplane are provided on both sides of the solar cell string, the cover plate, the backplane, and the solar cell string are encapsulated through an encapsulation process (see col. 28, line 57 through col. 29, line 44).
It would be obvious to a person having ordinary skill in the art to modify the solar cell strings of Jang by forming a photovoltaic module comprising a cover plate, and a backplane, wherein the cover plate and the backplane are provided on both sides of the solar cell string, the cover plate, the backplane, and the solar cell string are encapsulated through an encapsulation process as the court has held it would be obvious to a person having ordinary skill in the art to combine prior art elements (the series connected string of solar cells of Jang and the front and back cover plates and encapsulation of Zhou) according to known methods (as disclosed by Zhou) wherein the result is predictable (i.e., a completed photovoltaic module).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kim et al. (US 2015/0243818), discloses the solar cell string of the independent claims.
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