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 .
Status of Claims
Claims 1-20 as filed on 04/17/2025 are pending and herewith considered as indicated below.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the elements shown below must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
the plurality of fasteners (Claims 10, and 12, Lines 2, respectively)
The solar roofing system (as used throughout)
The roof deck (as used throughout)
The at least nailable photovoltaic shingle (as used throughout)
The one solar cell (as used throughout)
The backsheet (as used throughout)
Non-photovoltaic shingle (as used in claim 13)
Additionally, as per the specifications, pages 41-44, each description of the figures indicates the drawings are geared towards the embossed roofing shingle. None of the other claimed elements are disclosed as being shown in the figures.
Fig. 1-7 are objected to because they including photographs and/or shading. Photographs, including photocopies of photographs, are not ordinarily permitted in utility and design patent applications unless the photographs are the only practicable medium for illustrating the claimed invention. The use of shading may be used if it aids in understanding the invention and if it does not reduce legibility. Such shading is preferred in the case of parts shown in perspective, but NOT for cross sections. See MPEP § 608.02. In the instant case, legibility is reduced.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 12 objected to under 37 CFR 1.75 as being a substantial duplicate of claim 10. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Applicant is advised that should claim 10 be found allowable, claim 12 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
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.
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.
Claim 1-2, 10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Felton (US 12395116 B2) in view of Bunea et al. (US 20220393637 A1)(Herein Bunea).
In regards to Claim 1, Felton discloses
A solar roofing system [Abstract, “solar roofs”], comprising:
a roof deck [Col 4; Lines 57-59];
at least one nailable [Col 3; Line 16 “Nailing Strip”] photovoltaic shingle (101/102/103) [Fig 1] [Col 3; Lines 13-16] installed on the roof deck [Col 4, Lines 57-59], the at least one nailable [Col 3; Line 16 “Nailing Strip”] photovoltaic shingle comprising (101/102/103) [Fig 1] [Col 3; Lines 13-16]
at least one solar cell (201) [Fig 2] [Col 3; Lines 26-27], and
a backsheet (202) [Fig 2] [Col 3; Lines 29-30] under [Col 3; Lines 25-30 disclosing attaching the solar cell to the backsheet] the at least one solar cell (201) [Fig 2] [Col 3; Lines 26-27],
wherein the backsheet (202) [Fig 2] [Col 3; Lines 29-30] is mechanically attached [Mechanically Attached Via (102), Col 3; Lines 21-23 disclosing “one contiguous piece”] to the roof deck [Col 4, Lines 57-59]
However, fails to disclose
a plurality of embossed roofing shingles installed on the roof deck adjacent to the at least one nailable photovoltaic shingle on the roof deck,
wherein the plurality of embossed roofing shingles comprising a first embossed roofing shingle,
wherein the first embossed roofing shingle comprises:
a first layer, and
a second layer under the first layer,
wherein the first layer comprises an embossed surface,
wherein the first layer comprises a thermoplastic polyolefin, and
wherein the first layer is exposed to the environment
Furthermore, Bunea discloses
a plurality [Abstract, “a plurality of roofing modules”] of embossed roofing shingles (10) [Fig 1] [0131, “the roofing module 10 is textured”] installed [0057] on the roof deck [Col 4, Lines 57-59, Felton] adjacent [Abstract, “The roofing modules are configured to be installed on the roof deck of a structure proximate to the photovoltaic modules”] to the at least one nailable [Col 3; Line 16 “Nailing Strip” , Felton] photovoltaic shingle (101/102/103, Felton) [Fig 1] [Col 3; Lines 13-16] on the roof deck [Col 4, Lines 57-59, Felton],
wherein the plurality [Abstract, “a plurality of roofing modules”] of embossed roofing shingles (10) [Fig 1] [0131, “the roofing module 10 is textured”] comprising a first embossed roofing shingle (10) [Fig 1] [0131, “the roofing module 10 is textured”],
wherein the first embossed roofing shingle (10) [Fig 1] [0131, “the roofing module 10 is textured”] comprises:
a first layer (16) [Fig 1], and
a second layer (28) [Fig 1] under the first layer (16) [Fig 1],
wherein the first layer (16) [Fig 1] comprises an embossed surface [0131, “the roofing module 10 is textured”],
wherein the first layer (16) [Fig 1] comprises a thermoplastic polyolefin [0004-0005], and
wherein the first layer (16) [Fig 1] is exposed to the environment [0057, “the first surface 19 is an upper, sun facing-side surface of the roofing module 10”].
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the solar roofing system by Felton to further include a plurality of embossed roofing shingles installed on the roof deck adjacent to the at least one nailable photovoltaic shingle on the roof deck, wherein the plurality of embossed roofing shingles comprising a first embossed roofing shingle, wherein the first embossed roofing shingle comprises: a first layer, and a second layer under the first layer, wherein the first layer comprises an embossed surface, wherein the first layer comprises a thermoplastic polyolefin, and wherein the first layer is exposed to the environment as disclosed by Bunea. When modified, the embossed roofing shingle with all limitations allow for use in regards to flexible and cuttable roofing modules aesthetically matched with photovoltaic modules [0002]. Additionally, the embossed surface allows to impart an appearance of and aesthetically match the photovoltaic modules [0131] and the thermoplastic polyolefin increases durability, flexibility and weather resistance.
In regards to Claim 2, Felton as modified discloses
The solar roofing system [Abstract, “solar roofs”] according to claim 1,
However, fails to disclose
wherein the second layer comprises an adhesive
Furthermore, Bunea discloses
wherein the second layer (28, Bunea) [Fig 1] comprises an adhesive (34) [Fig 1] [0093, “in some embodiments, the first layer 30 is attached to the second layer 32 by a second adhesive layer 34.”]
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the Solar roofing system by Felton to further include wherein the second layer comprises an adhesive as disclosed by Bunea. When modified, the adhesive allows for attachment as is the intended use of an adhesive, furthermore, allowing ease of bonding dissimilar materials (i.e., different material types) and providing sealing capabilities.
In regards to Claim(s) 10 and 12, Felton as modified discloses
The solar roofing system [Abstract, “solar roofs”] of claim 1, further comprising:
a plurality of fasteners [Not shown, Col 9; Line 20-24 “insets in the nailing strip (501) to accommodate typical roofing screws with washers as well as the inset (502)”] [Fig 5],
wherein the plurality of fasteners [Not shown, Col 9; Line 20-24 “insets in the nailing strip (501) to accommodate typical roofing screws with washers as well as the inset (502)”] [Fig 5] comprises at least a first fastener and a second fastener [Fig 5, Showing two insets (502), used for screws],
wherein the first fastener [Fig 5, Showing two insets (502), used for screws] penetrates the roof deck [Col 4, Lines 57-59] and the at least one nailable [Col 3; Line 16 “Nailing Strip”] photovoltaic shingle (101/102/103) [Fig 1] [Col 3; Lines 13-16],
However, fails to disclose
wherein the second fastener penetrates the first embossed roofing shingle.
However, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the second fastener of Felton to penetrate the first embossed roofing shingle in order to fasten the embossed roofing shingle to the roof deck. When modified, the fastener would penetrate the embossed roofing shingle, as is the intended purpose of a fastener as used by Felton. As it has been held that choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success is within the level of ordinary skill in the art. See MPEP 2143 (E).
Claims 5-6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Felton (US 12395116 B2) in view of Bunea et al. (US 20220393637 A1)(Herein Bunea) and Bunea et al. (US 20220393637 A1)(Herein Bunea Secondary)
In regards to Claim 5, Felton as modified discloses
The solar roofing system [Abstract, “solar roofs”] of claim 1, wherein the first embossed roofing shingle (10, Bunea) [Fig 1]
However, fails to disclose
a third layer under the second layer,
wherein the third layer comprises a scrim layer
Furthermore, Bunea Secondary discloses
a third layer (512) [Fig 9] under the second layer (28, Bunea) [Fig 1],
wherein the third layer (512) [Fig 9] comprises a scrim layer [0199, “In some embodiments, the third layer 512 includes a scrim”]
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the solar roofing system by Felton to further include a third layer under the second layer, wherein the third layer comprises a scrim layer as disclosed by Bunea. When modified, the three layer with all limitations allows for an addition strength, stability, and durability. Furthermore, boosting tensile strength and tearing resistance leading to an overall stronger and more durable product.
In regards to Claim 6, Felton as modified discloses
The solar roofing system [Abstract, “solar roofs”] of claim 5
Bunea secondary discloses
wherein the scrim layer comprises fiberglass [0199, “In some embodiments, the scrim may be made from polyesters, polyethylene, carbon fiber, fiberglass, aramids, and combinations thereof.”]
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the solar roofing system by Felton to further include wherein the scrim layer comprises fiberglass as disclosed by Bunea Secondary. When modified, the scrim layer comprising fiberglass is known to be higher strength and better durability than that of a regular scrim.
In regards to Claim 8, Felton discloses
The solar roofing system [Abstract, “solar roofs”] of claim 1, wherein the first embossed roofing shingle (10, Bunea) [Fig 1]
However, fails to disclose
a third layer under the second layer,
wherein the third layer comprises a fire-retardant layer.
Furthermore, Bunea Secondary discloses
a third layer (512) [Fig 9] under the second layer (28, Bunea) [Fig 1],
wherein the third layer (512) [Fig 9] comprises a fire-retardant layer [0199, “In some embodiments, the third layer 512 is a flame retardant layer.”]
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the solar roofing system by Felton to further include a third layer under the second layer, wherein the third layer comprises a fire-retardant layer as disclosed by Bunea Secondary. When modified, the fire-retardant layer with all limitations allows for slowing down/stopping fires as is the intended purpose of a fire-retardant.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Felton (US 12395116 B2) in view of Bunea et al. (US 20220393637 A1)(Herein Bunea) and Bunea et al. (US 20220393637 A1)(Herein Bunea Secondary) and Coninx et al. (US 20100130080 A1)(Herein Coninx)
In regards to Claim 7, Felton as modified discloses
The solar roofing system [Abstract, “solar roofs”] of claim 5
Coninx discloses
wherein the scrim layer comprises a fiberglass- reinforced scrim layer [0001, “shingle”] [0044, “Most preferably, it is made of a scrim, preferably reinforced, in combination with a fleece, preferably non-woven. Preferably, the scrim is a net made of polyester, fibreglass or a combination of both.”]
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the solar roofing system by Felton to further include wherein the scrim layer comprises fiberglass-reinforced scrim as disclosed by Coninx. When modified, the scrim layer comprising fiberglass is known to be higher strength and better durability than that of a regular scrim.
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Felton (US 12395116 B2) in view of Bunea et al. (US 20220393637 A1)(Herein Bunea) and Boss et al. (US 20200040582 A1)
In regards to Claim 3, Felton as modified discloses
The solar roofing system [Abstract, “solar roofs”] according to claim 1, wherein the second layer (28) [Fig 1]
However, fails to disclose
wherein the second layer comprises a butyl adhesive
Furthermore, Boss discloses
wherein the second layer (28, Bunea) [Fig 1] comprises a butyl adhesive (14) [Fig 3] [0124, “Suitable sealant materials include bitumen-based sealants, polymer-modified bitumen sealants, butyl adhesives”]
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the solar roofing system by Felton to further include wherein the second layer comprises a butyl adhesive as disclosed by Boss. When modified, the butyl adhesive allows for facilitating permeant connection, as disclosed by Boss [0100, “The first back sealant line 14 provides adhesion between the shingle and the roof deck 22”]. Additionally, the use of a butyl adhesive in comparison to a regular or ordinary adhesive allows for superior water proofing, long-term flexibility, durability allowing for ease of sealing, vibration damping and harsh-environment applications.
In regards to Claim 4, Felton as modified discloses
The solar roofing system [Abstract, “solar roofs”] of claim 1, wherein the second layer (28, Bunea) [Fig 1]
However, fails to disclose
wherein the second layer adheres the first embossed roofing shingle to the roof deck.
Furthermore, Boss discloses
wherein the second layer (28, Bunea) [Fig 1] adheres [0100, “The first back sealant line 14 provides adhesion between the shingle and the roof deck 22”] the first embossed roofing shingle (10, Bunea) [Fig 1] to the roof deck [Col 4, Lines 57-59].
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the solar roofing system by Felton to further include wherein the second layer adheres the first embossed roofing shingle to the roof deck as disclosed by Boss. When modified, the adhesive allows for facilitating permeant connection, as disclosed by Boss [0100, “The first back sealant line 14 provides adhesion between the shingle and the roof deck 22”]
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Felton (US 12395116 B2) in view of Bunea et al. (US 20220393637 A1)(Herein Bunea) and Coninx et al. (US 20100130080 A1)(Herein Coninx)
In regards to Claim 11, Felton as modified discloses
The solar roofing system [Abstract, “solar roofs”] of claim 1, wherein the first embossed roofing shingle (10) [Fig 1] [0131, “the roofing module 10 is textured”]
However, fails to disclose
a third under the second layer,
wherein the third layer comprises a torchable membrane layer melted to the roof deck.
Furthermore, Coninx discloses
a third layer (3) [Fig 1] under the second layer (28, Bunea) [Fig 1],
wherein the third layer (3) [Fig 1] comprises a torchable membrane layer [0058, “When the torch-on method is used full bonding may be achieved by reactivating the surface on the underside of the roofing membrane with a gas torch.”] melted to the roof deck [Col 4, Lines 57-59, Felton] .
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the solar roof system by Felton to further include a third under the second layer, wherein the third layer comprises a torchable membrane layer melted to the roof deck as disclosed by Coninx. When modified, the torchable membrane with all limitations allows for full bonding as disclosed by Coninx [See 0058, “When the torch-on method is used full bonding may be achieved by reactivating the surface on the underside of the roofing membrane with a gas torch”]
Claims 9 is rejected under 35 U.S.C. 103 as being unpatentable over Felton (US 12395116 B2) in view of Bunea et al. (US 20220393637 A1)(Herein Bunea) and Lawrence Grubka (WO 2008082550 A1)(Herein Grubka)
In regards to Claim 9, Felton as modified discloses
The solar roofing system [Abstract, “solar roofs”] of claim 1, wherein the first embossed roofing shingle (10, Bunea) [Fig 1]
However, fails to disclose
a third layer under the second layer,
wherein the third layer comprises a shingle membrane layer
Furthermore, Grubka discloses
a third layer (20) [Fig 2] under the second layer (28, Bunea) [Fig 1],
wherein the third layer (20) [Fig 2] comprises a shingle membrane layer (20) [Fig 2] [The underlayment, indicated generally at 20, is used under the shingles 10 discussed above, as shown in Figure 2].
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the solar roofing system by Felton to further include a third layer under the second layer, wherein the third layer comprises a shingle membrane layer as disclosed by Grubka. When modified, the third layer with all limitations allows for separation and protection of the roof shingles.
Claims 13-16 is rejected under 35 U.S.C. 103 as being unpatentable over Felton (US 12395116 B2) in view of Bunea et al. (US 20220393637 A1)(Herein Bunea) and Yang et al. (US 20210095474 A1)(Herein Yang)
In regards to Claim 13, Felton discloses
A solar roofing system [Abstract, “solar roofs”], comprising:
a roof deck [Col 4, Lines 57-59];
at least one nailable [Col 3; Line 16 “Nailing Strip”] photovoltaic shingle (101/102/103) [Fig 1] [Col 3; Lines 13-16] installed on the roof deck [Col 4, Lines 57-59], the at least one nailable [Col 3; Line 16 “Nailing Strip”] photovoltaic shingle (101/102/103) [Fig 1] [Col 3; Lines 13-16] comprising
at least one solar cell (201) [Fig 2] [Col 3; Lines 26-27], and
a backsheet (202) [Fig 2] [Col 3; Lines 29-30] under [Col 3; Lines 25-30 disclosing attaching the solar cell to the backsheet] the at least one solar cell (201) [Fig 2] [Col 3; Lines 26-27], wherein the backsheet (202) [Fig 2] [Col 3; Lines 29-30] is mechanically attached [Mechanically Attached Via (102), Col 3; Lines 21-23 disclosing “one contiguous piece”] to the roof deck [Col 4, Lines 57-59];
However, fails to disclose
and at least one non-photovoltaic shingle installed on the roof deck adjacent to the at least one nailable photovoltaic shingle on the roof deck; and
an embossed membrane installed between the roof deck and at least one of the at least one nailable photovoltaic shingle and the at least one non-photovoltaic shingle,
wherein the embossed membrane comprises:
a first layer, and
a second layer under the first layer,
wherein the first layer comprises an embossed surface, wherein the first layer comprises a thermoplastic polyolefin, and wherein the second layer is between the first layer and the roof deck.
Furthermore, Bunea discloses
and at least one non-photovoltaic shingle (10) [Fig 1] [“In some embodiments, the system includes at least one nonactive (i.e., not electrically active) roofing module 10 and at least one electrically active photovoltaic module 50.”] installed on the roof deck [Col 4, Lines 57-59, Felton] adjacent to the at least one nailable [Col 3; Line 16 “Nailing Strip” , Felton] photovoltaic shingle (101/102/103, Felton) [Fig 1] [Col 3; Lines 13-16] on the roof deck [Col 4, Lines 57-59, Felton]; and
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the solar roofing system by Felton to further include and at least one non-photovoltaic shingle installed on the roof deck adjacent to the at least one nailable photovoltaic shingle on the roof deck; as disclosed by Bunea. When modified, non-photovoltaic delivers an aesthetically pleasing match to the photovoltaic shingles [see 0002, bunea]
Furthermore, Yang discloses
an embossed membrane (100) [Fig 1] [0041 and 0061, “embossed patterns”] installed between the roof deck [Col 4, Lines 57-59, Felton] and at least one of the at least one nailable [Col 3; Line 16 “Nailing Strip” , Felton] photovoltaic shingle (101/102/103, Felton) [Fig 1] [Col 3; Lines 13-16] and the at least one non-photovoltaic shingle (28, Bunea) [Fig 1],
wherein the embossed membrane (100) [Fig 1] [0041 and 0061, “embossed patterns”] comprises:
a first layer (120) [Fig 1] , and
a second layer (130) [Fig 1] under the first layer (120) [Fig 1],
wherein the first layer (120) [Fig 1] comprises an embossed surface [0061], wherein the first layer (120) [Fig 1] comprises a thermoplastic polyolefin [0054], and wherein the second layer (130) [Fig 1] is between the first layer (120) [Fig 1] and the roof deck [0075, “Layered composite membranes 100 in accordance with the present disclosure can be installed horizontally across the roof (similar to asphaltic shingles) or can be installed vertically up and down the roof.”] [Col 4, Lines 57-59, Felton].
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the solar roofing system by Felton to further include an embossed membrane installed between the roof deck and at least one of the at least one nailable photovoltaic shingle and the at least one non-photovoltaic shingle, wherein the embossed membrane comprises: a first layer, and a second layer under the first layer, wherein the first layer comprises an embossed surface, wherein the first layer comprises a thermoplastic polyolefin, and wherein the second layer is between the first layer and the roof deck as disclosed by Yang. When modified, the embossed membrane with all limitations allows for protection between the shingles and roof deck, reducing damage and lessening replacement.
In regards to Claim 14, Felton as modified discloses
The solar roofing system [Abstract, “solar roofs”] of claim 13,
However, fails to disclose
wherein the second layer comprises an adhesive.
Furthermore, Yang discloses
wherein the second layer (130) [Fig 1] comprises an adhesive [0068-0069].
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the solar roofing system by Felton to further include wherein the second layer comprises an adhesive as disclosed by Yang. When modified, the adhesive allows for adhesion as is the intended purpose of an adhseive [see 0068-0069]
In regards to Claim 15, Felton as modified discloses
The solar roofing system [Abstract, “solar roofs”] of claim 13,
However, fails to disclose
wherein the second layer comprises a butyl adhesive.
Furthermore, Yang discloses
wherein the second layer (130) [Fig 1] comprises a butyl adhesive [0069, “Specific examples of materials for the adhesive layer 130 include hot melt adhesives such as butyl hot melt adhesives and acrylic hot melt adhesives”] .
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the solar roofing system by Felton to further include wherein wherein the second layer comprises a butyl adhesive as disclosed by Yang. When modified, the adhesive allows for adhesion [see 0068-0069], additionally, as known to one of ordinary skill in the art Butyl adhesive allows for a better adherence comparatively to regular adhesion.
In regards to Claim 16, Felton as modified discloses
The solar roofing system [Abstract, “solar roofs”] of claim 13
However, fails to disclose
wherein the second layer adheres the embossed membrane to the roof deck.
Furthermore, Yang discloses
wherein the second layer (130) [Fig 1] adheres the embossed membrane (100) [Fig 1] [0041 and 0061, “embossed patterns”] to the roof deck [Col 4, Lines 57-59, Felton] [0069, “peel-and-stick”].
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the solar roofing system by Felton to further include wherein the second layer adheres the embossed membrane to the roof deck as disclosed by Yang. When modified, second layer with all limitations allows for securement and attachment [see 0068-0069].
Claims 17-19 is rejected under 35 U.S.C. 103 as being unpatentable over Felton (US 12395116 B2) in view of Bunea et al. (US 20220393637 A1)(Herein Bunea), Yang et al. (US 20210095474 A1)(Herein Yang) and Bunea et al. (US 20220393637 A1)(Herein Bunea Secondary)
In regards to Claim 17, Felton as modified discloses
The solar roofing system [Abstract, “solar roofs”] of claim 13, wherein the embossed membrane (100) [Fig 1] [0041 and 0061, “embossed patterns”]
However, fails to disclose
wherein the embossed membrane further comprises:
a third layer under the second layer,
wherein the third layer comprises a scrim layer.
Furthermore, Bunea Secondary discloses
a third layer (512) [Fig 9] under the second layer (130, Yang) [Fig 1],
wherein the third layer (512) [Fig 9] comprises a scrim layer [0199, “In some embodiments, the third layer 512 includes a scrim”]
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the solar roofing system by Felton to further include a third layer under the second layer, wherein the third layer comprises a scrim layer as disclosed by Bunea Secondary. When modified, the third layer with all limitations allows for an addition strength, stability, and durability. Furthermore, boosting tensile strength and tearing resistance leading to an overall stronger and more durable product.
In regards to Claim 18, Felton as modified discloses
The solar roofing system [Abstract, “solar roofs”] of claim 17, wherein the scrim layer comprises fiberglass [0199, “In some embodiments, the scrim may be made from polyesters, polyethylene, carbon fiber, fiberglass, aramids, and combinations thereof.”]
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the solar roofing system by Felton to further include wherein the scrim layer comprises fiberglass as disclosed by Bunea Secondary. When modified, the scrim layer comprising fiberglass is known to be higher strength and better durability than that of a regular scrim.
In regards to Claim 19, Felton as modified discloses
The solar roofing system [Abstract, “solar roofs”] of claim 13, wherein the embossed membrane (100) [Fig 1] [0041 and 0061, “embossed patterns”] further comprises:
However, fails to disclose
a third layer under the second layer,
wherein the third layer comprises a fire-retardant layer.
Furthermore, Bunea Secondary discloses
a third layer (512) [Fig 9] under the second layer (130, Yang) [Fig 1],
wherein the third layer (512) [Fig 9] comprises a fire-retardant layer [0199, “In some embodiments, the third layer 512 is a flame retardant layer.”]
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the solar roofing system by Felton to further include a third layer under the second layer, wherein the third layer comprises a fire-retardant layer as disclosed by Bunea Secondary. When modified the fire-retardant layer with all limitations allows for slowing down/stopping fires as is the intended purpose of a fire-retardant.
Claims 20 is rejected under 35 U.S.C. 103 as being unpatentable over Felton (US 12395116 B2) in view of Bunea et al. (US 20220393637 A1)(Herein Bunea), Yang et al. (US 20210095474 A1)(Herein Yang) and Lawrence Grubka (WO 2008082550 A1)(Herein Grubka0
In regards to Claim 20, Felton as modified discloses
The solar roofing system [Abstract, “solar roofs”] of claim 13, wherein the first embossed membrane (100) [Fig 1] [0041 and 0061, “embossed patterns”]
However, fails to disclose
a third layer under the second layer,
wherein the third layer comprises a shingle membrane layer
Furthermore, Grubka discloses
a third layer (20) [Fig 2] under the second layer (130, Yang) [Fig 1],
wherein the third layer (20) [Fig 2] comprises a shingle membrane layer (20) [Fig 2] [The underlayment, indicated generally at 20, is used under the shingles 10 discussed above, Figure 2].
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the solar roofing system by Felton to further include a third layer under the second layer, wherein the third layer comprises a shingle membrane layer as disclosed by Grubka. When modified, the third layer with all limitations allows for separation and protection of the roof shingles.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. See PTO 892.
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/Z.K.A./Examiner, Art Unit 3635
/KYLE J. WALRAED-SULLIVAN/Primary Examiner, Art Unit 3635
