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
Claim(s) 1-20 are currently pending.
Claim Rejections - 35 USC § 112
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.
Claims 17-20 are 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.
Regarding claim 17
The limitation “a fastener disposed in the mounting hole and passing through the avoidance hole, the avoidance hole being configured to avoid the fastener, and the fastener being configured to fix the connector on the mounting base” is unclear and therefore renders the claim indefinite. The claim requires the fastener to pass through the avoidance hole while simultaneously requiring the avoidance hole to be configured to “avoid” the fastener. Therefore, it is unclear how the avoidance hole is configured to avoid the fastener because the claim requires the fastener to pass through the avoidance hole. Appropriate correction and clarification is required.
Regarding claims 18-20
Claims 18-20 are rejected at least for their dependency on claim 17.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-6, 9, 10, 12, 13 and 17-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2004060262 A, OHORI et al. (hereinafter “Ohori”).
Regarding claim 1
Ohori teaches a photovoltaic assembly (corresponding to solar cell panel 1 and mounting structure shown in Fig. 13) [paras. 0021-0022], comprising:
a photovoltaic member (corresponding to solar panel 1) comprising a first side edge (see side noted as 1S in Fig. 1 below), a second side edge (see side noted as 2S in Fig. 1 below), a third side edge (see side noted as 3S in Fig. 1 below), and a fourth side edge (see side noted as 4S in Fig. 1 below), the second side edge (2S) and the third side edge (3S) being a pair of opposite side edges of the photovoltaic member (1) [Fig. 1], the first side edge (1S) and the fourth side edge (4S) being another pair of opposite side edges of the photovoltaic member (1) [Fig. 1], the first side edge (1S) being connected to one same side of the second side edge (2S) and the third side edge (3S) [Fig. 1], and the fourth side edge (4S) being connected to another same side of the second side edge (2S) and the third side edge (3S) [Fig. 1 and para. 0022];
a first mounting base (corresponding to ridge side frame 4 and panel holding plate 14) disposed at the photovoltaic member (1) and located at the first side edge (1S) [Figs. 1-2 and 13, para. 0024]; and
a second mounting base (corresponding to panel fixing member 13) having a mounting groove (corresponding to ridge-side frame receiving portion 13a) [Fig. 13 and para. 0038], the first mounting base (4 & 14) being capable of being inserted into the mounting groove (13a) in a direction from the fourth side edge (4S) to the first side edge (1S) and being withdrawn from the mounting groove (13a) in a direction from the first side edge (1S) to the fourth side edge (4S) (the ridge-side frame 4 is inserted into the ridge-side frame receiving portion 13a of the panel fixing member 13, wherein the solar panels 1 can be easily replaced and removed from the panel fixing member 13 when a failure is detected) [paras. 0041 and 0069], and the second mounting base (13) being detachably engaged with the first mounting base (4 & 14) and configured to fix the photovoltaic assembly [para. 0041].
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Annotated Fig. 1
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Fig. 13
Regarding claim 2
Ohori teaches the photovoltaic assembly as set forth above, wherein:
the first mounting base (4 & 14) comprises a protrusion (panel holding plate 14), the protrusion (14) and the second mounting base (13) being distributed in the direction from the fourth side edge (4S) to the first side edge (1S) [Fig. 13, paras. 0038-0039]; and
the photovoltaic assembly further comprises a first screw (mounting screw 32), the protrusion (14) and the second mounting base (13) being connected to and engaged with each other through the first screw (32) [Fig. 13 and para. 0041].
Regarding claim 3
Ohori teaches the photovoltaic assembly as set forth above, further comprising a connector (eave-side frame 5) disposed at the first mounting base (4 & 14) or the second mounting base (13) [Fig. 13 and para. 0024], the connector (5) comprising a pressing arm (upper portion of U-shaped groove 5a) configured to press and cover another photovoltaic member (upper overlapping solar panel 1) [Fig. 13 and para. 0024].
Regarding claim 4
Ohori teaches the photovoltaic assembly as set forth above, wherein: the connector (5) is detachably disposed (via screw 32) at the first mounting base (4 & 14) and located at a side of the first mounting base (4 & 14) away from the second mounting base (13) [Fig. 13 and paras. 0038-0041]; and
the photovoltaic assembly further comprises a first screw (32), the connector (5) and the first mounting base (4 & 14) being connected to and engaged with each other through the first screw (32) [Fig. 13 and para. 0041].
Regarding claim 5
Ohori teaches the photovoltaic assembly as set forth above, wherein: the first mounting base (4 & 14) comprises a protrusion (panel holding plate 14), the protrusion (14) and the second mounting base (13) being distributed in the direction from the fourth side edge (4S) to the first side edge (1S) [Fig. 13, paras. 0038-0039]; and the connector (5), the protrusion (14), and the second mounting base (13) are connected to and engaged with each other through the first screw (32) [Fig. 13 and paras. 0041-0042].
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Fig. 13
Regarding claim 6
Ohori teaches the photovoltaic assembly as set forth above, wherein the connector (5) further comprises:
a fixing plate connected to the first mounting base (4 & 14) or the second mounting base (13) [see annotated Fig. 2 below; see also Fig. 13];
a first connecting plate disposed on a side of the fixing plate away from the second mounting base (13) [see annotated Fig. 2 below; see also Fig. 13]; and
a second connecting plate disposed on the first connecting plate [Fig. 2 below], the pressing arm being disposed at the second connecting plate [Fig. 2 below; see also Fig. 13], an accommodation groove (5a) being enclosed by the first connecting plate [see annotated Fig. 2 below; see also Fig. 13], the second connecting plate, and the pressing arm, and the accommodation groove (5a) being configured to accommodate another photovoltaic member (1) [Figs. 2 and 13, paras. 0024-0025].
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Fig. 2
Regarding claim 9
Ohori teaches the photovoltaic assembly as set forth above, wherein the first mounting base (4 & 14) has a guide slope (see rounded portion of 4) at an end capable of being inserted into the mounting groove (13a) [Figs. 2 and 13].
Regarding claim 10
Ohori teaches the photovoltaic assembly as set forth above, further comprising:
a waterproof member (corresponding to sealing member 7) disposed at a light-receiving side of the photovoltaic member (1) [Fig. 13 and para. 0025], the waterproof member (7) and the first mounting base (4 & 14) being arranged side by side in a width direction of the photovoltaic member (1) [Figs. 2 and 13, para. 0035], and the waterproof member (7) being located at a level higher than or same as the protrusion (14) (under broadest reasonable interpretation, the claim does not require the recited “level” to correspond to a vertical elevation or height) [Fig. 13], wherein when two photovoltaic assemblies (1) are engaged with each other in the direction from the first side edge (1S) to the fourth side edge (4S) [Fig. 13], the waterproof member (7) of one of the two photovoltaic assemblies (See bottom solar panel 1) is pressed and covered by the photovoltaic member (See upper solar panel 1) of the other one of the two photovoltaic assemblies [Figure 13].
Regarding claim 12
Ohori teaches the photovoltaic assembly as set forth above, wherein the second mounting base (13) comprises:
a base body (see annotated Fig. 13 below) detachably (via screw 32) connected to the first mounting base (4 & 14, the panel fixing member 13 as a whole is connected to the first mounting base via screw 32) [Fig. 13 and paras. 0038-0039];
an extension portion (13b) disposed at a side of the base body away from the photovoltaic member (1) and configured to fix the photovoltaic member (via screw/rivet 31) [Fig. 13 and para. 0045]; and
a hook portion (corresponding to U-shaped frame receiving portion 13a) disposed at the extension portion and protruding towards a backlight surface of the photovoltaic member (1) [Fig. 13 and paras. 0040-0041].
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Fig. 13
Regarding claim 13
Ohori teaches the photovoltaic assembly as set forth above, further comprising a flexible gasket (corresponding to sealing member 7) arranged between the photovoltaic member (1) and the first mounting base (4), the photovoltaic member (1) being embedded into the first mounting base (4) [Figs. 2 and 13, para. 0025].
Regarding claim 17
Ohori teaches a mounting assembly, comprising: a mounting base (corresponding to panel fixing member 13 and panel holding plate 14) configured to mount a photovoltaic member (see bottom solar panel 1) [Fig. 13 and paras. 0038-0041], the mounting base (13 + 14) having a mounting hole (13e) and an avoidance hole (14c) [Fig. 13 and para. 0041], the mounting hole (13e) is in communication with the avoidance hole (14c) [Fig. 13 and para. 0041];
a connector (eaves-side frame 5) comprising a pressing arm (upper portion of U-shaped groove 5a) configured to press and cover another photovoltaic member (upper overlapping solar panel 1) [Fig. 13 and para. 0024];
a fastener (32) disposed in the mounting hole (13e) and passing through the avoidance hole (14c) [Fig. 13 and para. 0041], and the fastener (32) being configured to fix the connector (5) on the mounting base (13 and 14) [Fig. 13 and paras. 0038-0041].
Regarding claim 18
Ohori teaches the mounting assembly as set forth above, wherein the mounting hole (13e) comprises a first mounting hole and a second mounting hole (corresponding to mounting hole 13e within panel fixing member 13 and screw hole 5b) [Fig. 13, paras. 0038 and 0041], the avoidance hole (14c) being located between the first mounting hole (13e) and the second mounting hole (5b), and the fastener (32) being disposed in the first mounting hole (13e) and the second mounting hole (5b) [Fig. 13 and para. 0038].
Regarding claim 19
Ohori teaches the mounting assembly as set forth above, wherein: the avoidance hole (14c) penetrates through the mounting base (penetrates portion 14 of the mounting base) [Fig. 13 and paras. 0038-0041].
Regarding claim 20
Ohori teaches the mounting assembly as set forth above, wherein: the mounting hole (13e) is a screw hole (mounting hole receives a screw), and the fastener is a bolt; or the fastener is a self-tapping screw [Fig. 13 and paras. 0038-0041].
Claim Rejections - 35 USC § 103
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.
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.
Claim(s) 11 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ohori as applied to claims 1-6, 9, 10, 12 and 13 above.
Regarding claim 11
Ohori teaches the photovoltaic assembly as set forth above, wherein the waterproof member (7) comprises a rubber waterproof member and a silicone waterproof member (known sealing materials used for joint between a solar panel and a rail include synthetic resin adhesives such as silicone) [para. 0003].
It would have been obvious to one of ordinary skill in the art to choose from the known sealing materials disclosed in Ohori, which include silicone, with reasonable expectation of success to achieve the function of sealing [see MPEP 2143]. Since Ohori teaches that silicone is a known sealing material, said material is not of innovation but of ordinary skill and common sense [see MPEP 2143].
Furthermore, because the sealing member (7) of Ohori comprises the same material as claimed, the claimed properties or functions (i.e., waterproofness) are presumed to be inherent. The court has held that products of identical chemical composition cannot have mutually exclusive properties. A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990)
Regarding claim 14
Ohori teaches the photovoltaic assembly as set forth above, wherein the flexible gasket (7) is made of rubber or silicone (known sealing materials used for joint between a solar panel and a rail include synthetic resin adhesives such as silicone) [para. 0003].
It would have been obvious to one of ordinary skill in the art to choose from the known sealing materials disclosed in Ohori, which include silicone, with reasonable expectation of success to achieve the function of sealing [see MPEP 2143]. Since Ohori teaches that silicone is a known sealing material, said material is not of innovation but of ordinary skill and common sense [see MPEP 2143].
Claim(s) 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ohori in view of CN 116667768 A, Lai et al. (hereinafter “Lai”).
Regarding claim 15
Ohori teaches a photovoltaic device (corresponding to a solar panel device comprising a plurality of overlapping solar cell panels 1) [Fig. 13 and paras. 0021-0022], comprising:
at least one photovoltaic assembly (corresponding to solar cell panel 1 and mounting structure shown in Fig. 13) [paras. 0021-0022], wherein each photovoltaic assembly comprises:
a photovoltaic member (corresponding to solar panel 1) comprising a first side edge (see side noted as 1S in Fig. 1 below), a second side edge (see side noted as 2S in Fig. 1 below), a third side edge (see side noted as 3S in Fig. 1 below), and a fourth side edge (see side noted as 4S in Fig. 1 below), the second side edge (2S) and the third side edge (3S) being a pair of opposite side edges of the photovoltaic member (1) [Fig. 1], the first side edge (1S) and the fourth side edge (4S) being another pair of opposite side edges of the photovoltaic member (1) [Fig. 1], the first side edge (1S) being connected to one same side of the second side edge (2S) and the third side edge (3S) [Fig. 1], and the fourth side edge (4S) being connected to another same side of the second side edge (2S) and the third side edge (3S) [Fig. 1 and para. 0022];
a first mounting base (corresponding to ridge side frame 4 and panel holding plate 14) disposed at the photovoltaic member (1) and located at the first side edge (1S) [Figs. 1-2 and 13, para. 0024]; and
a second mounting base (corresponding to panel fixing member 13) having a mounting groove (corresponding to ridge-side frame receiving portion 13a) [Fig. 13 and para. 0038], the first mounting base (4 & 14) being capable of being inserted into the mounting groove (13a) in a direction from the fourth side edge (4S) to the first side edge (1S) and being withdrawn from the mounting groove (13a) in a direction from the first side edge (1S) to the fourth side edge (4S) (the ridge-side frame 4 is inserted into the ridge-side frame receiving portion 13a of the panel fixing member 13, wherein the solar panels 1 can be easily replaced and removed from the panel fixing member 13 when a failure is detected) [paras. 0041 and 0069], and the second mounting base (13) being detachably engaged with the first mounting base (4 & 14) and configured to fix the photovoltaic assembly [para. 0041].
Ohori does not teach at least one keel, wherein the second mounting base of the photovoltaic assembly is connected to the keel.
Lai teaches a photovoltaic device comprising a second mounting base (corresponding to photovoltaic connecting piece 100) connected to a keel (corresponding to fixed piece 400 comprising a keel) so that the photovoltaic component is not easy to shake, improving the mounting stability of the photovoltaic component [Figs. 1-2, Pages 4 and 7].
Ohori and Lai are analogous inventions in the field of photovoltaic devices. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the photovoltaic assemblies of Ohori such that the second mounting base of the photovoltaic assembly is connected to the keel, as disclosed in Lai, for the purpose of improving the stability of the photovoltaic component.
Regarding claim 16
Modified Ohori teaches the photovoltaic device as set forth above, wherein: the at least one keel comprises at least two keels (a keel is disposed on each of the photovoltaic assemblies in order to avoid shaking of the solar panels) [Lai, Figs. 1-2 , pages 4 and 7]; and
the at least one photovoltaic assembly comprises at least two photovoltaic assemblies (plural adjacent assemblies are provided) [Ohori, Fig. 13], wherein each of the at least two photovoltaic assemblies further comprises a connector (eave-side frame 5) [Ohori, Fig. 13 and para. 0024], the connector (5) comprising a pressing arm (upper portion of U-shaped groove 5a) [Ohori, Fig. 13 and para. 0024], and wherein for adjacent photovoltaic assemblies of the at least two photovoltaic assemblies, the fourth side edge (4S) of one photovoltaic assembly overlaps the first side edge (1S) of an adjacent photovoltaic assembly [Ohori, Fig. 13], and the fourth side edge (4S) of the adjacent photovoltaic assembly is pressed and covered by the pressing arm (5a) of the one photovoltaic assembly [Ohoti, Fig. 13].
Allowable Subject Matter
Claims 7 and 8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claims 7-8
Ohori discloses the mounting groove (ridge-side frame receiving portion 13a) comprises a first section and a second section, the first section and the second section being distributed in the direction from the fourth side edge to the first side edge [Fig. 13].
However, Ohori does not teach the first section having a greater height than the second section in a direction from the pressing arm to the first mounting base; and the first mounting base comprises a boss, the boss being located in the second section when the first mounting base is inserted in the mounting groove, as required by the claim.
Lai does not alleviate the deficiencies in Ohori.
Claim 8 is allowed for its dependency on claim 7.
Conclusion
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/MAYLA GONZALEZ RAMOS/Primary Examiner, Art Unit 1721
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