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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 120 as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, Application No. 19/211,737, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. The prior-filed Application No. 19/211,737 does not appear to provide support or enablement with respect to the instant application in any manner. Therefore, the claims are not entitled to the benefit of the prior application and the effective filing date of the application is determined to be 9/19/2025.
Election/Restrictions
Applicant's election with traverse of Species B in the reply filed on 8/5/2026 is acknowledged. The traversal is on the ground(s) that the cooling plate can be used in combination with other embodiments identified as the other species, as described in paragraph [0030]) of the application as filed.
This is not found persuasive because it is unclear how the other species are supposed to be used with the embodiment in Species B, which includes the examples shown in Figures 2A-2D and requires a hard roof, where Figure 2A shows fixations on the outermost edges of the module and Figure 2D shows an intake of airflow between two PV panels. Additionally, one can see that the cooling plate is affixed directly on a hard roof and the PV panel is affixed directly on the cooling plate, where the top of the module comprises a transparent plate or Fresnel lens that is rigid.
Looking at Species A, the embodiment as described in paragraph [0031] and as shown in Figures 1A and 1B require photovoltaic panels attached to a roof made of fabric such as a tarp. However, Species B requires a hard roof, such that it is unclear how the two embodiments are combinable.
Looking at Species C, the embodiment as described in paragraph [0035] requires a transparent film in order to create pockets to insert photovoltaic panels, where the pocket is attached to the roof by sewing, welding, adhesive, stickers, screws, rivets, zipper, or hook and loop. It is unclear how this feature is to be combined with the cooling feature shown in Figures 2A-2D when the top of the module requires a transparent film in order to create the pockets of Species C and a transparent plate or Fresnel lens does not appear to be capable of providing a “pocket” and the embodiment is disclosed to be attached to the roof directly without anything in between. Even then, it is unclear how the pocket is to be attached to the cooling feature by sewing, welding, adhesive, stickers, screws, rivets, zipper, or hook and loop. Furthermore, it does not appear one can weld, screw, or use rivets on a flexible fabric tarp as a roof as described in Species A. It appears this embodiment might be usable on a flexible substrate but not a rigid substrate.
Looking at Species D, the embodiment as described in paragraph [0036] requires a three-sided slotted frame into which the photovoltaic panel may be inserted and a fourth side of the photovoltaic panel is fitted with a stopper. It is unclear how this feature is to be incorporated with the cooling plate feature in Species B when it is also disclosed to be attached to the roof via sewing, welding, adhesive, stickers, screws, rivets, magnets, and/or hook and loop, such that it is not clear how one is to make such attachments on a cooling plate using those methods. Further, it is unclear how this feature is to be combined with the feature in Species C, where Species C utilizes a pocket with a transparent film, where it does not appear a pocket is required when Species D utilizes a three-sided slotted frame. Furthermore, it does not appear one can screw or use rivets on a flexible fabric tarp as a roof as described in Species A.
Looking at Species E, the embodiment as described in paragraph [0037] requires an overlap between photovoltaic panels as shown in Figures 5A and 5B in order to prevent PV panels from being blown off the roof by wind. It is unclear how exactly this embodiment is to be combined with Species C and D that require a pocket and a sealed off slotted frame that would already prevent the PV panels from being blown off the roof by wind. It is also not immediately clear how the cooling plate is to be combined with Species E, especially with the cooling structure of Figure 2D that requires airflow between PV panels. Additionally, Species B states there are fixations all around the outermost perimeter of the PV panels, such that there is no risk for PV panels being blown off the roof by wind. Further, the PV panels are glued down through adhesive and sealed with a transparent plate or Fresnel lens, such that there would not be a need for modifying the embodiment in Species B to prevent the panels from being blown off the roof by wind. As seen in Figure 5A, no fixations are provided for the embodiment and paragraph [0037] states that “Figures 5A and SB show photovoltaic panels, such as photovoltaic panel 504-1 and photovoltaic panel 504-2, attached to a surface, such as a roof 502 of a trailer of a truck, using adhesive. When the truck is in motion, wind may blow over roof 502, as indicated by arrow 508. The blowing wind may exert forces on the photovoltaic panels, such as photovoltaic panel 504-1 and photovoltaic panel 504-2, increasing the risk that one or more photovoltaic panel may become detached from roof 502,” where no other fixation methods are mentioned to be used. Therefore, the feature of Species E would not be combinable with Species B.
Looking at Species F, the embodiment as described in paragraph [0038] requires strip linings attached between photovoltaic panels and to the roof and/or the photovoltaic panels as shown in Figures 6A and 6B. This embodiment clearly requires the PV panels to have a gap between them, such that it is unclear how this feature is to be combined with Species C, D, or E. Paragraph [0038] states the strip lining is to reduce the effects of the wind on the PV panels and is attached by sewing, welding, adhesive, stickers, screws, rivets, magnets, or by hook and loop. None of the embodiments in Species B have PV panels that are separated with a gap except Figure 2D, but it is unclear where the extra air intake between PV panels are to be created when a strip lining is placed between PV panels in order to reduce the effects of wind. Furthermore, it does not appear one can weld, screw, or use rivets on a flexible fabric tarp as a roof as described in Species A.
Looking at Species G, the embodiment as described in paragraph [0039] requires securing rings attached to the roof, wherein the securing ring is made of fabric and has a shape of the letter H and as shown in Figure 7. However, it is unclear how this feature is to be combined with the features in Species B, C, D, E and F, where the PV panel in Species G is attached to the roof only through the securing rings. In Species B, the PV panel is secured to the cooling plate and subsequently the hard roof using adhesive, Species C and D are already secured to the roof via the methods as set forth above, and Species E requires an overlap of the PV panels that Species G does not require, and Species F is also disclosed to be secured using the above methods. Species A utilizes adhesives between the layers to secure the flexible PV. It is therefore unclear why securing rings would be needed to attach the PV panels when they are already secured to the roof.
Looking at Species H, the embodiment as described in paragraphs [0024]-[0029] and as shown in Figure 8 requires a mounting frame for mounting the photovoltaic panels, wherein the mounting frame is attached directly to the frame of the trailer. It is unclear how this is combined with the other embodiments when the previous embodiment all describe being attached to the roof of the truck via sewing, welding, adhesive, stickers, screws, rivets, magnets, and/or hook and loop, such that the mounting frame would not be needed as the PV panels are attached to the roof of the truck and not the frame of the truck.
Therefore, it does not appear that the embodiments are combinable with each other as asserted or that the feature of Species B is combinable with all of the other features.
It is further noted that paragraph [0033] states the cooling plate 208 is attached to the roof using adhesive or stickers and the PV panel is attached to the cooling plate using adhesive or stickers, such that additional methods of attachment described in other embodiments is not needed.
It is also noted that the use of sewing, hook and loop, and zippers is disclosed in paragraph [0005] of the instant specification to be usable on a flexible surface, such that it is unclear how one is to sew or use zippers or hook and loop fasteners to attach the PV panels or the cooling plate onto a rigid roof. Therefore, it is clear the mentioning of sewing, hook and loop, and zippers for the embodiments in Species A, C, D, F, and G is referring to a fabric roof and not a rigid hard roof as elected by Applicant in Species B.
The requirement is still deemed proper and is therefore made FINAL.
Claims 2, 3, 4, 5, 6, 10, 11, 12, and 13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Species A (claims 2 and 3), Species C (claim 4), Species D (claims 10 and 11), Species E (claims 5 and 6), Species F (claim 12), and Species G (claim 13), there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 8/5/2026.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 7-9 and 14 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites “the one or more photovoltaic panels are attached to the surface by one or more of: sewing, welding, hook and loop fasteners, zippers, adhesive, belts, or speed tape.” However, the instant specification has only disclosed in paragraph [0005] that “[t]he surface may be a flexible surface (e.g., made from fabric), and the photovoltaic panels may be attached to the photovoltaic panel by sewing, welding, hook and loop, zippers, adhesive, belts, or speed tape. The surface may be a rigid surface, and the photovoltaic panels may be attached to the photovoltaic panel by, screws, bolts, rivets, welding, belts, adhesive, or speed tape,” such that zippers, sewing, hook and loop fasteners are only disclosed for a flexible fabric surface and not the rigid and hard surface required by Species B as elected by Applicant.
Therefore, the limitations fail to comply with the written description requirement.
It is also unclear how one is to sew, zipper, or hook and loop to a rigid surface as stated.
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.
Claim(s) 1, 7-9, and 14 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Zhu et al. (AU 2020/349748).
Regarding claim 1, Zhu discloses an apparatus (see Figure 7) comprising a surface (purlin 23 of the roof) and one or more photovoltaic panels (9) attached to the surface (see Figure 7), and the one or more photovoltaic panels are attached to the surface by one or more of: welding, adhesive, belts, or speed tape (it is disclosed the photovoltaic module 9 is adhered to the carrier board area 3 by adhesive tape; [0069]).
Regarding claim 7, Zhu discloses all the claim limitations as set forth above, and further discloses a cooling plate between the surface and the one or more photovoltaic panels (tile forming plate; see Figure 5).
Regarding claim 8, Zhu discloses all the claim limitations as set forth above, and further discloses the cooling plate allows air to flow between the surface and the one or more photovoltaic panels ([0026] and [0064]).
Regarding claim 9, Zhu discloses all the claim limitations as set forth above, and further discloses the cooling plate comprises an air intake opening (11 and 21) between adjacent photovoltaic panels ([0068]; see Figure 12).
Regarding claim 14, Zhu discloses all the claim limitations as set forth above, and further discloses a transparent film (16) attached to panel surfaces of the photovoltaic panels ([0071]; see Figure 14).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINA CHERN whose telephone number is (408)918-7559. The examiner can normally be reached Monday-Friday, 9:30 AM-5:30 PM PT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Niki Bakhtiari can be reached at 571-272-3433. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTINA CHERN/ Primary Examiner, Art Unit 1722
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