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
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.
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, & 4-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nivelle et al (PGPub 2023/0194361) (Nivelle) in view of Gostein et al (PGPub 2019/0273466) (Gostein).
Regarding Claim 1, Nivelle discloses a photovoltaic module (Fig. 1b), comprising:
a photovoltaic cell comprising first (24), second (22, top layer) and third (22, bottom layer) polymer layers (Paragraphs 63 & 64), the first polymer layer being between the second and third polymer layers (See fig. 1b); and
a first sensor (16) disposed in the first polymer layer at a first position;
Nivelle fails to explicitly disclose using a first optical sensor;
However, Gostein discloses a system for measuring soiling on PV modules including using a pair of optical sensors (106 & 108, Figs. 5A & 5B, Paragraph 35);
Further, it would be obvious to include said optical sensors in the first polymer layer as claimed in combination with Nivelle;
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Nivelle with a first optical sensor because monitoring soiling level can help diagnose problems with a solar cell’s efficiency caused by soiling of the cell.
Regarding Claim 4, Nivelle as modified by Gostein discloses the aforementioned. Further, Nivelle discloses wherein the photovoltaic cell comprises a material capable of converting sunlight into electricity (Paragraph 110).
Regarding Claim 5, Nivelle as modified by Gostein discloses the aforementioned. Further, Nivelle discloses wherein the first polymer layer has a thickness of 0.2 mm to 1 mm (Paragraph 16).
Regarding Claim 6, Nivelle as modified by Gostein discloses the aforementioned. Further, Gostein shows a second optical sensor (106) disposed in the first polymer layer at a second position different from the first position. Gostein shows multiple irradiance detectors (106, Fig. 5A) thus the limitation would be obvious in combination.
The reason for combination remains the same.
Regarding Claims 7, Nivelle as modified by Gostein discloses the aforementioned but fails to explicitly disclose a moisture sensor disposed in the first polymer layer at a second position different from the first position;
However, the examiner takes official notice this would be obvious to one of ordinary skill in the art;
Therefore, it would be obvious to one of ordinary skill at the time the invention was filed to modify Nivelle with a moisture sensor disposed in the first polymer layer at a second position different from the first position because moisture can seep into the encapsulation polymers when damage occurs and can lead to corrosion of the cells as well as damage to the encapsulant thus monitoring for it is important to catch a problem before the damage occurs.
Regarding Claim 8, Nivelle as modified by Gostein discloses the aforementioned. Further, Nivelle discloses a temperature sensor (16, Paragraph 74);
Nivelle does not explicitly disclose that the temperature sensor is disposed in the second polymer layer;
However, the examiner takes official notice this would be obvious to one of ordinary skill in the art;
Therefore, it would be obvious to one of ordinary skill at the time the invention was filed to modify Nivelle as modified by Gostein with the temperature sensor is disposed in the second polymer layer because it is a trivial change and might be done for such reasons as using multiple sensors to monitor a temperature gradient throughout the device or monitoring the temperature of that layer as it might effect the transmittance of light through that layer.
Regarding Claim 9, Nivelle as modified by Gostein discloses the aforementioned. Further, Nivelle discloses wherein the second polymer layer has a thickness of 0.2 mm to 1 mm (Paragraph 16).
Regarding Claim 10, Nivelle as modified by Gostein discloses the aforementioned but fails to explicitly disclose a fuse box wherein: the photovoltaic cell is between the first polymer layer and the second polymer layer; and the fuse box is below the second polymer layer;
However, the examiner takes official notice this would be obvious to one of ordinary skill in the art;
Therefore, it would be obvious to one of ordinary skill at the time the invention was filed to modify Nivelle as modified by Gostein with a fuse box wherein: the photovoltaic cell is between the first polymer layer and the second polymer layer; and the fuse box is below the second polymer layer because a fuse box is a very common element for transferring the electricity generated by the PV cells outside of the cell and the placement would be chosen based upon packaging design.
Regarding Claim 11, Nivelle as modified by Gostein discloses the aforementioned. Nivelle does disclose a photovoltaic module configured to convert sunlight into electricity (Paragraph 110); and a photovoltaic modules comprises the photovoltaic module of claim 1 (in combination with Nivelle);
Nivelle fails to explicitly disclose a plurality of photovoltaic modules;
However, Gostein does show such an array (Fig. 1, Paragraph 31);
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Nivelle with a plurality of photovoltaic modules because such an array is used to capture as much sunlight as possible to convert into electricity while being in a frame that allows for easy installation and coverage of an area.
Claim(s) 2 & 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nivelle in view of Gostein and further in view of Liao et al (PGPub 2017/0190598) (Liao).
Regarding Claims 2 & 3, Nivelle as modified by Gostein discloses the aforementioned but fails to explicitly disclose wherein the first optical sensor further comprises an antenna configured to transmit data measured by the first optical sensor; and a data acquisition system comprising a receiver configured to receive data transmitted by the antenna;
However, Liao discloses the concept of an optical sensor (150, Paragraph 27) with an antenna attached (see fig. 1) to wirelessly transmit the data measured (Paragraph 28); and
a data acquisition system (100) comprising a receiver configured to receive data transmitted by the antenna (Paragraph 28);
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Nivelle as modified by Gostein with wherein the first optical sensor further comprises an antenna configured to transmit data measured by the first optical sensor; and a data acquisition system comprising a receiver configured to receive data transmitted by the antenna because remote transmission of data from a sensor wirelessly allows for greater flexibility of the placement of the sensor without the cost and maintenance of a wire to transmit the data.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHON COOK whose telephone number is (571)270-1323. The examiner can normally be reached 11am-7pm.
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/JONATHON COOK/Examiner, Art Unit 2877 September 29, 2026
/Kara E. Geisel/Supervisory Patent Examiner, Art Unit 2877
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