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.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Taiwan on 5/21/2024. It is noted, however, that applicant has not filed a certified copy of the TW 113118779 application as required by 37 CFR 1.55.
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 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 non-obviousness.
Claims 1-2 and 4-10 are rejected under 35 U.S.C. 103 as being unpatentable over Buena et al. (US 2018/0006602)
Regarding claim 1, Buena discloses a solar module (see abstract), comprising:
a plurality of solar cells (110) (shown in fig. 1), wherein the plurality of solar cells are welded and connected in series to define a plurality of solar battery string groups (see para [0033]-[0035]), and
the plurality of solar cells (110) are connected in series with a predetermined spacing distance therebetween in a first direction to form each of the plurality of solar battery string groups (shown in figs. 1 and 2, see para [0033]-[0035]),
wherein a width of each of the plurality of solar cells in the first direction is a first length, a length of each of the plurality of solar cells in a second direction is a second length (shown in figs. 1 and 2), and
a carrier plate including a front cover (202) and a back cover (204) (see para [0120]-[0121] and,
wherein the plurality of solar battery string groups are pressed in series or in parallel between the front cover and the back cover via a plurality of bus strips (e.g. ribbon 208, para [0035], or cable 106, para [0049]), wherein the plurality of solar battery string groups on both sides of each of the plurality of bus strips are connected in series, and the plurality is of solar battery string groups are connected in parallel between any two of the plurality of bus strips (see para [0033]-[0049], discloses a plurality of embodiments one being wherein the rows of cells connected in series are connected in series to the adjacent row, para [0033] (physically parallel, electrically series) and [0049], and one wherein the rows with cells connected in series are connected in parallel, para [0049]).
Buena does not disclose a ratio of the second length to the first length is greater than 10.
It is a well-known expedient in the art that solar cells can come in all shapes and sizes.
The court has held differences in a variable (i.e., length/width/ratio) will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical. "[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 MPEP 2144.05.
Therefore, it would be obvious to a person having ordinary skill in the art to optimize the ratio of length to width to accommodate the intended use of the cells and modules.
Regarding claim 2, Buena discloses a solar module of claim 1, wherein the front cover, the back cover and the plurality of solar battery string groups have an adhesive intermediate film therebetween (see para [0029]-[0030]).
Regarding claim 4, Buena discloses a solar module of claim 3, wherein the transparent material is glass or resin (see para [0034]).
Regarding claim 5, Buena discloses a solar module of claim 1, but does not disclose wherein the first length is greater than 7 mm.
It is a well-known expedient in the art that solar cells can come in all shapes and sizes.
The court has held differences in a variable (i.e., length) will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical. "[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 MPEP 2144.05.
Therefore, it would be obvious to a person having ordinary skill in the art to optimize the first length of the solar cell to accommodate the intended use of the cells and modules.
Regarding claim 6, Buena discloses a solar module of claim 1, wherein a total number of the plurality of solar cells in each of the plurality of solar battery string groups does not exceed 100 (shown in fig. 1, total number of cells 110 is 72).
Regarding claim 7, Buena discloses a solar module of claim 1, but does not disclose wherein the predetermined spacing distance is less than 3 mm. The spacing between cells is a result effective variable as it determines the size of the module and percentage of space is energy producing.
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.
Regarding claim 8, Buena discloses a solar module of claim 1, further comprising at least one bypass diode electrically connected between any two of the plurality of bus strips (see para [0049]).
Regarding claim 9, Buena discloses a solar module of claim 8, further comprising a cable electrically connected to one end of the at least one bypass diode (see para [0049]).
Regarding claim 10, solar module of claim 9, further comprising a terminal electrically connected to the other end of the at least one bypass diode (see para [0049]).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Buena et al. as applied to claim 1 above, and further in view of Tao et al. (US 2024/0304742)
Regarding claim 3, Buena discloses a solar module of claim 1, wherein the front cover is made of a transparent material (i.e., glass, see para [0034]) and the back cover is made of a polymer sheet (see para [0034]).
Buena does not specifically disclose the back sheet is a transparent material.
Tao is analogous art to Buena as Tao is directed to solar modules (see abstract). Tao discloses both the front and back sheet may comprise a transparent material, i.e., glass (see abstract and para [0158]).
The Courts have held that it would be obvious to a person having ordinary skill in the art to select a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Babayan et al. (US 2017/0288081) (module with cell strings), Vornbrock et al. (US 2015/0263182) (module with cell strings), Giron et al. (US 2015/0136207) (EP main art reference, module with cell strings), Detrick et al. (US 2021/0143772) (combination of series and parallel), Huang et al. (US 2019/0028057).
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
JAYNE L. MERSHON
Primary Examiner
Art Unit 1721
/JAYNE L MERSHON/ Primary Examiner, Art Unit 1721
Prosecution Insights