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 .
Claim Interpretation
With regard to the limitations “folding surface” and “unfolding surface;” the limitations are interpreted in a manner consistent with the description of paragraph [0033] of the as-filed specification.
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.
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.
Claims 1-4, 7, and 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Huang (CN 110303895 A – see attached machine translation) in view of Bilson et al. (US 2023/0128626) and further in view of Sadeghpour et al. (US 2025/0080039).
Regarding claim 1, Huang discloses a photovoltaic device ([0024]; Fig. 1)
comprising: a first solar panel assembly ([0020]; 8 and 92 in Fig. 1) and a second solar panel assembly ([0020]; 7 and 91 in Fig. 1).
Huang does not explicitly disclose an upper cover.
Bilson discloses a solar array assembly and further discloses solar portions on opposite sides of a frame ([0048]).
It would have been obvious to one of ordinary skill in the art at the time the invention to form the third photovoltaic panel of Huang (9 in Fig. 1) such that the outer photovoltaic panel (91 in Fig. 1) and the inner photovoltaic panel (92 in Fig. 1) are on opposite sides of a frame, as disclosed by Bilson, because as evidenced by Bilson, forming a photovoltaic panel with solar portions on opposite sides of a frame amounts to the use of a known configuration in the art, and one skilled in the art would have a reasonable expectation of success when forming the third photovoltaic panel of Huang such that the outer and inner photovoltaic panels are on opposite sides of a frame based on the teaching of Bilson.
Modified Huang discloses an upper cover (frame of modified Huang between 91 and 92 in Fig. 1 of Huang satisfies the limitation requiring an upper cover).
Modified Huang does not explicitly disclose a base.
Bilson discloses a solar array assembly and further discloses solar portions on opposite sides of a frame ([0048]).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to form the first and second photovoltaic panels of Huang (7 and 8 in Fig. 1) with solar portions on opposite sides of a frame, as disclosed by Bilson, because forming a photovoltaic panel with solar portions on both sides of a frame would allow photovoltaic energy production from both side of the photovoltaic panel.
Modified Huang discloses a base (frame of modified Huang in the first photovoltaic panel of Huang (7 in Fig. 1) satisfies the limitation requiring a base).
Modified Huang discloses the upper cover (frame of modified Huang between 91 and 92 in Fig. 1 of Huang) rotatably connected (Huang - [0020]; 5 in Fig. 1) to the base (frame of modified Huang in the first photovoltaic panel of Huang (7 in Fig. 1)).
Modified Huang does not explicitly disclose the first solar panel assembly made of a perovskite material.
Sadeghpour discloses a solar panel array and further discloses the solar panels do not only use silicon wafers, but can also be CIGS solar panels or use perovskites ([0073]).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to use perovskite material, as disclosed by Sadeghpour, to form the first solar panel assembly of modified Huang, because as evidenced by Sadeghpour, the use of perovskite material in solar panels amounts to the use of a known material in the art for its intended purpose to achieve an expected result, and one skilled in the art would have a reasonable expectation of success when forming the first solar panel assembly of modified Huang with perovskite material based on the teaching of Sadeghpour.
Modified Huang discloses the first solar panel assembly (Huang - [0020]; 8 and 92 in Fig. 1) made of a perovskite material (Sadeghpour [0073]; as set forth in modified Huang above) is disposed on an inner folding surface of the base (Huang – 8 in Fig. 1 on the frame of 7 (as set forth in modified Huang above) in the folded state) and an inner folding surface of the upper cover (Huang – 92 in Fig. 1), and a second solar panel assembly is disposed on an outer unfolding surface of the base (solar panel below the frame of 7 in modified Huang as set forth above) and an outer unfolding surface of the upper cover (Huang – 91 in Fig. 1).
With regard to the limitation “mobile power supply,” the limitation is directed to the manner in which the apparatus is intended to be used, and a recitation directed to the manner in which a claimed apparatus is intended to be used does not distinguish the claimed apparatus from the prior art, if the prior art has the capability to so perform. See MPEP 2111.02, 2112.01 and 2114-2115.
Additionally, statements in the preamble reciting the purpose or intended use of the claimed invention which do not result in a structural difference (or, in the case of process claims, manipulative difference) between the claimed invention and the prior art do not limit the claim and do not distinguish over the prior art apparatus (or process). See, e.g., In re Otto, 312 F.2d 937, 938, 136 USPQ 458, 459 (CCPA 1963); In re Sinex, 309 F.2d 488, 492, 135 USPQ 302, 305 (CCPA 1962). If a prior art structure is capable of performing the intended use as recited in the preamble, then it meets the claim. See, e.g., In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997) and cases cited therein, as it has been held that the recitation of a new intended use for an old product does not make a claim to that old product patentable. In re Schreiber, 44 USPQ2d 1429 (Fed. Cir. 1997). See also MPEP § 2111.02, §2112.02 and 2114-2115.
While modified Huang does disclose the capability of the first, second and third photovoltaic panels to be in a folded state, and further discloses the three photovoltaic panels on the same plane receiving light over a large area (Huang – [0032]); the limitation “capable of flipping relative to the base to form a folded configuration,” is directed to the manner in which the apparatus is intended to be used, and it is noted that a limitation directed to the manner in which an apparatus is intended to be used does not distinguish the claimed apparatus from the prior art, if the prior art has the capability to so perform. See MPEP 2111.02, 2112.01 and 2114-2115.
Regarding claim 2, modified Huang discloses all the claim limitations as set forth above.
Modified Huang does not explicitly disclose the second solar panel assembly is a polycrystalline or monocrystalline silicon solar panel assembly.
Sadeghpour discloses a solar panel array and further discloses solar panels made of monocrystalline or polycrystalline silicon cells ([0073]).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to form the second solar panel assembly of modified Huang with monocrystalline or polycrystalline silicon cells, because as taught by Sadeghpour, the cells are known for high energy conversion efficiency ([0073]).
Additionally, Sadeghpour discloses the solar panels do not only use silicon wafers, but can also be CIGS solar panels or use perovskites ([0073]), and based on the teaching of Sadeghpour, the use of silicon, CIGS, or perovskite material amounts to the choice from among known materials in the art used in solar panels, and one skilled in the art would have a reasonable expectation of success when using any of the disclosed materials in the second solar panel assembly of modified Huang based on the teaching of Sadeghpour.
Regarding claim 3, modified Huang discloses all the claim limitations as set forth above. Modified Huang further discloses the first solar panel assembly comprises an upper-cover inner-side solar panel disposed on the inner folding surface of the upper cover (Huang – 92 in Fig. 1 in relation to the frame as set forth in modified Huang above) and a base inner-side solar panel disposed on the inner folding surface of the base (Huang – 8 in Fig. 1 in the folded state satisfies the limitation “a base inner-side solar panel disposed on the inner folding surface of the base;” it is further noted that the base is the frame in 7 as set forth in modified Huang above), with the upper-cover inner-side solar panel and the base inner-side solar panel facing each other in the folded configuration (Huang – [0032]; 92 in relation to 8 in Fig. 1 in the folded state); and the second solar panel assembly comprises an upper-cover backside solar panel (Huang – 91 in Fig. 1) disposed on the outer unfolding surface of the upper cover (91 in Fig. 1 of Huang in relation to the frame between 91 and 92 as set forth in modified Huang above) and a base backside solar panel (bottom solar panel of 7 in modified Huang as set forth above) disposed on the outer unfolding surface of the base (bottom solar panel of 7 in relation to the frame between the upper and lower solar panels of 7 as set forth in modified Huang above), with the upper-cover backside solar panel and the base backside solar panel facing away from each other in the folded configuration (Huang – [0032]; 91 in relation to bottom panel of 7 in modified Huang in the folded state).
Regarding claims 4, 11, and 12, modified Huang discloses all the claim limitations as set forth above.
Modified Huang does not explicitly disclose a power management module disposed within the upper cover and/or the base, and an output interface electrically connected to the power management module provided on the upper cover and/or the base, the first solar panel assembly and the second solar panel assembly are respectively electrically connected to the power management module.
Sadeghpour discloses a solar panel array and further discloses junction boxes stored in the solar module frame ([0080]). Sadeghpour further discloses the junction boxes include bypass diodes ([0075]).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to include a junction box, as disclosed by Sadeghpour, in the frames of modified Huang, because as taught by Sadeghpour, the junction boxes contain a diode such that electrical current can bypass a faulty region of a solar panel ([0075]).
It is noted that the limitation “power management module” is satisfied by the disclosure of a bypass diode in modified Huang because the disclosed bypass diode has the capability of performing the function claimed.
Modified Huang discloses an output interface electrically connected to the power management module is provided on the upper cover and/or the base (Sadeghpour – [0075] discloses each junction box is connected to a charge controller; it is noted that the interface from the junction box which is connected to a charge controller satisfies the limitation “an output interface”).
Modified Huang does not explicitly disclose the first solar panel assembly and the second solar panel assembly are respectively electrically connected to the power management module.
Sadeghpour discloses electrically connected solar panels in the solar module array ([0075]).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to electrically connect, as disclosed by Sadeghpour, the photovoltaic panels of modified Huang, because as evidenced by Sadeghpour, electrically connecting photovoltaic panels of a solar module array amounts to the use of a known configuration in the art, and one skilled in the art would have a reasonable expectation of success when electrically connecting the photovoltaic panels of modified Huang based on the teaching of Sadeghpour.
Regarding claim 7, modified Huang discloses all the claim limitations as set forth above. Modified Huang further discloses a rotation mechanism hinged to the upper cover and the base (Huang – [0020], 5 in Fig. 1).
With regard to the limitation “the rotation mechanism is capable of controlling an included angle between the upper cover and the base,” the limitation is directed to the manner in which the apparatus is intended to be used, and it is noted that a limitation directed to the manner in which an apparatus is intended to be used does not distinguish the claimed apparatus from the prior art, if the prior art has the capability to so perform. See MPEP 2111.02, 2112.01 and 2114-2115.
Regarding claim 10, modified Huang discloses all the claim limitations as set forth above. Modified Huang further discloses a support structure provided on the base (Huang – [0020]; 2 in Fig. 1; it is noted that the limitation “provided on” does not require direct physical contact or the absence of intermediate components).
With regard to the limitation “for contact support with an external surface,” the limitation is directed to the manner in which the apparatus is intended to be used, and it is noted that a limitation directed to the manner in which an apparatus is intended to be used does not distinguish the claimed apparatus from the prior art, if the prior art has the capability to so perform. See MPEP 2111.02, 2112.01 and 2114-2115.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Huang (CN 110303895 A – see attached machine translation) in view of Bilson et al. (US 2023/0128626) further in view of Sadeghpour et al. (US 2025/0080039) as applied to claim 4 above, and further in view of Strahm (US 8,492,645).
Regarding claim 5, modified Huang discloses all the claim limitations as set forth
above.
Modified Huang does not explicitly disclose an energy storage module is disposed within the upper cover and/or the base, and the energy storage module is electrically connected to the power management module.
Strahm discloses a solar power system and further discloses an energy storage module disposed within a frame (abstract L12-13).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to include a battery, as disclosed by Strahm, in the frame of modified Huang, because as evidenced by Strahm, including a battery in the frame of a solar power system amounts to the use of a known component in the art for its intended purpose to achieve an expected result, and one skilled in the art would have a reasonable expectation of success when placing a battery in the frame of modified Huang based on the teaching of Strahm.
Modified Huang discloses the energy storage module is electrically connected to the power management module (the disclosed battery is necessarily electrically connected to the photovoltaic panels which the stored power, therefore, the disclosed battery is electrically connected to the bypass diode(s) of the respective panels).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Huang (CN 110303895 A – see attached machine translation) in view of Bilson et al. (US 2023/0128626) further in view of Sadeghpour et al. (US 2025/0080039) as applied to claim 4 above, and further in view of Halpern et al. (US 2011/0220176).
Regarding claim 6, modified Huang discloses all the claim limitations as set forth
above.
Modified Huang does not explicitly disclose a display module electrically connected to the power management module provided on the upper cover and/or the base.
Halpern discloses a solar power generation device and further discloses visual indicators on the moving frame to aid in the proper setting of the angle [0061]).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to include a visual indicator, as disclosed by Halpern, on the frame of modified Huang, because as taught by Halpern, the visual indicator on the moving frame may aid in the proper setting of the angle ([0061]).
It is noted that with regard to the limitation “electrically connected to the power management module,” while modified Huang does not explicitly disclose an electrical connection between the visual indicators and the photovoltaic panels, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to electrically connect the photovoltaic panels of modified Huang to the visual indicators, because as taught by Sadeghpour, a control system can communicate with external devices ([0044]).
Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Huang (CN 110303895 A – see attached machine translation) in view of Bilson et al. (US 2023/0128626) further in view of Sadeghpour et al. (US 2025/0080039) as applied to claim 7 above, further in view of Van Straten (US 2017/0222475) further in view of Smith et al. (US 2013/0186450), and further in view of Sakai (US 2005/0092356).
Regarding claim 8, modified Huang discloses all the claim limitations as set forth
above.
While modified Huang does disclose the rotation mechanism comprises a motorized shaft (Huang – [0007]), modified Huang does not explicitly disclose the motorized shaft electrically connected to the power management module.
Van Straten discloses a solar panel assembly and further discloses a power management module ([0054] – controller) electrically connected to actuators to position the solar panels in a desired position ([0054]).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to include a controller, as disclosed by Van Straten, to control the motorized shaft of modified Huang, because as taught by Van Straten, the controller provides an output to position the solar panels in a desired position ([0054]).
Modified Huang does not explicitly disclose the controller is in the frame.
Smith discloses a solar power system and further discloses the control wiring and control box of each solar panel in the frame ([0033]).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to place the controller of modified Huang in the frame, as disclosed by Smith, because as evidenced by Smith, the placement of a controller in the frame of a solar power system amounts to the use of a known configuration in the art, and one skilled in the art would have a reasonable expectation of success when placing the controller of modified Huang in the frame based on the teaching of Smith.
It has been held that rearranging parts of an invention involves only routine skill in the art while the device having the claimed dimensions would not perform differently than the prior art device, In re Japikse, 86 USPQ 70.
While modified Huang does disclose an output interface electrically connected to the power management module provided on the upper cover and/or the base (Van Straten – [0054], the disclosed output of the controller satisfies the limitation “output interface”); modified Huang does not explicitly disclose the first and second solar panel assemblies are respectively electrically connected to the power management module.
Sakai discloses a stand-alone power supply system and further discloses an electrical connection between a solar cell module and a controller controlling the solar cell module ([0005]).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to electrically connect the first and second solar panel assemblies of modified Huang to the controller, as disclosed by Sakai, because as evidenced by Sakai, electrically connecting a controller to a solar cell module amounts to the use of a known configuration in the art, and one skilled in the art would have a reasonable expectation of success when electrically connecting the first and second solar panel assemblies of modified Huang to the controller based on the teaching of Sakai.
With regard to the limitation “the power management module is capable of controlling a rotation of the motorized shaft to deploy the upper cover and the base relative to each other when a power generation capacity of the photovoltaic module power supply device falls below a preset threshold;” a controller is capable of performing the function claimed, and the limitation is directed to the manner in which the apparatus is intended to be used, and it is noted that a limitation directed to the manner in which an apparatus is intended to be used does not distinguish the claimed apparatus from the prior art, if the prior art has the capability to so perform. See MPEP 2111.02, 2112.01 and 2114-2115.
Regarding claim 9, modified Huang discloses all the claim limitations as set forth above. Modified Huang further discloses a photosensitive module further provided on the upper cover and/or the base, the photosensitive module is electrically connected to the power management module (Van Straten – [0054] discloses light sensors or photosensors located on the solar panels or frame).
With regard to the limitations “capable of sensing ambient light intensity” and “the power management module is capable of controlling the rotation of the motorized shaft to fold or deploy the upper cover and the base based on the ambient light intensity sensed by the photosensitive module,” the limitations are directed to the manner in which the apparatus is intended to be used, and it is noted that a limitation directed to the manner in which an apparatus is intended to be used does not distinguish the claimed apparatus from the prior art, if the prior art has the capability to so perform. See MPEP 2111.02, 2112.01 and 2114-2115.
Conclusion
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/TAMIR AYAD/Primary Examiner, Art Unit 1726
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