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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant's arguments filed 06/17/2026 have been fully considered but they are not persuasive. The applicant argues, on pp. 13-14 of the remarks, that Jones cannot provide for the limitations of claims 10 and 15 because the gutter taught by Jones does not structurally support the panels or support the panel total load. The examiner respectfully disagrees. The annotated examiner’s interpretation of the gutter is provided in the annotated Fig. below. The first and second side of the gutters structurally support the panels via intermediary purlins 102, furthermore the first and second ends of the gutters are supported by beams and columns 103 and 104 because beams and columns 103 and 104 support the entire canopy structure including the gutters.
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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) 10-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jones et. al (US 2020/0115906 A1).
With respect to claim 10 Jones discloses a gutter comprising: a first lateral side connected to an edge of a first row of solar panels, the first lateral side bearing a solar panel first row total load; a second lateral side connected to an edge of a second row of solar panels, the second lateral side bearing a solar panel second row total load; and a horizontal channel [reference character 110] disposed between the first lateral side and the second lateral side.
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With respect to claim 11 Jones discloses that the gutter is structurally supported by a structural frame [reference character 103-104], the structural frame comprising: a first column [reference character 104], a first column lower end connected to a foundation system [see paragraph 0029], a second column [also reference character 104], a second column lower end connected to the foundation system [see paragraph 0029]; a first beam [reference character 103] connected to a first column upper end [see Fig. 6]; a second beam connected to a second column upper end [see Fig. 6].
With respect to claim 12 Jones discloses that the first row of solar panels is tilted so that precipitation runs off of the first row of solar panels into the gutter and the second row of solar panels is tilted in an opposite direction to the first row of solar panels so that precipitation runs off of the second row of solar panels into the gutter [see Fig. 2].
With respect to claim 13 Jones discloses that a total environmental load on the canopy is reduced by tilting the first solar panel at the sloping angle and tilting the second solar panel at the reflected sloping angle [see Fig. 2, note that the tilt of the solar panels would allow for snow, dirt, and debris to be washed off of the panels and into the gutter].
With respect to claim 14 Jones discloses a first projection [reference character 102 in Fig. 2] on the first lateral side, the first projection fastened to the first row of solar panels; a second projection [also reference character 102 in Fig. 2] on the second lateral side, the second projection fastened to the second row of solar panels.
Claim(s) 15-17 and 21-22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jones et. al (US 2020/0115906 A1).
With respect to claim 15 Jones discloses a structural support gutter system, comprising: a gutter disposed between a first row of solar panels [reference character 101] and a second row of solar panels [also reference character 101], the gutter adjacent to a solar panel first row long edge and a solar panel second row long edge [see Fig. 2], the gutter providing structural support to the first row of solar panels and the second row of solar panels [see Fig. 2], the gutter comprising: a first side; a second side; and a precipitation channel [reference character 110]; and a support structure supporting the gutter, comprising: a first beam [reference character 103] connected to and structurally supporting a first end of the gutter; a second beam [also reference character 103 see Fig. 6] connected to and structurally supporting a second end of the gutter; a first column [reference character 104] connected to and structurally supporting the first beam; and a second column [also reference character 104 see Fig. 6] connected to and structurally supporting the second beam.
With respect to claim 16 Jones discloses that the first row of solar panels comprises a grouping of solar panels that is one solar panel wide and more than one solar panel long [see annotated Fig. below].
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With respect to claim 17 Jones discloses that the second row of solar panels is equal in length and width to the first row of solar panels [see annotated Fig. above].
With respect to claim 20 Jones discloses that the gutter further comprises: a first flange [reference character 102] on the first side, the first flange forming an angle with the first side and disposed along the first side, the first flange extending below the first row of solar panels and providing means to attach the first side to the first row of solar panels [see Fig. 2]; and a second flange [also reference character 102] on the second side, the second flange forming an angle with the second side and disposed along the second side, the second flange extending below the second row of solar panels and providing means to attach the second side to the second row of solar panels [see Fig. 2].
With respect to claim 21 Jones discloses that the support structure supporting the gutter further comprises: a plurality of purlins [reference character 102] spanning between the first beam and second beam and providing structural support to the solar panel first row and the solar panel second row.
With respect to claim 22 Jones disclose that the gutter provides structural support to a first portion of a total solar panel load [at the valley of the adjacent panels] and the plurality of purlins provides structural support to a second portion of the total solar panel load [at the apex of the adjacent panels].
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.
Claim(s) 1-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jones et. al (US 2020/0115906 A1) in view of McClellan et. al (US 2011/0302857 A1).
With respect to claim 1 Jones discloses a gutter system for a solar panel array, comprising: a canopy [reference character 100] raised above the ground including a canopy beam [reference character 103] forming a frame on at least two sides of the canopy, wherein the solar panel array forms a roof of the canopy; and a first gutter [see annotated Fig. below], comprising: a first side [see annotated Fig. below] of the first gutter structurally supporting a first solar panel [reference character 101] against the canopy beam; a second side [see annotated Fig. below] of the first gutter structurally supporting a second solar panel [also reference character 101] against the canopy beam; and a precipitation channel [reference character 110] disposed between the first side and the second side of the first gutter.
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Jones does not disclose that a first side of the first gutter extends between a first solar panel and the canopy beam, wherein the first side of the first gutter structurally supporting a supports the first solar panel against the canopy beam; a second side of the first gutter extends between a second solar panel and the canopy beam, wherein the second side of the first gutter structurally supporting a supports the second solar panel against the canopy beam.
McClellan discloses a solar panel array which includes a solar panel module [reference character 11] a support beam [reference character 10] and a gutter [reference character 70] which extends from a bottom of the solar panel array to the support beam [see Figs. 3-4 and 8].
It would have been obvious to one of ordinary skill in the art at the time of the filing date of the invention to modify the system taught y Jones by extending the gutter from the bottom of the solar panel to the support beam, as taught by McClellan, in order to ensure complete collection of rainwater and reduce the number of support components.
With respect to claim 2 Jones discloses a first flange on the first side of the first gutter, the first flange perpendicular to the first side and connecting the first side with the first solar panel; and a second flange on the second side of the first gutter, the second flange perpendicular to the second side and connecting the second side with the second solar panel [see annotated Fig. below].
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With respect to claim 3 Jones discloses that the first solar panel is tilted at a sloping angle causing precipitation to run off of the first solar panel into the first gutter, the second solar panel is tilted at a reflected sloping angle causing precipitation to run off of the second solar panel into the first gutter [see Fig. 2].
With respect to claim 4 Jones discloses that a total environmental load on the canopy is reduced by tilting the first solar panel at the sloping angle and tilting the second solar panel at the reflected sloping angle [see Fig. 2, note that the tilt of the solar panels would allow for snow, dirt, and debris to be washed off of the panels and into the gutter].
With respect to claim 5 Jones discloses that the canopy beams are structurally supported by at least two vertical columns [reference character 104, see Fig. 6] connected a lower end to a foundational system [see paragraph 0029].
With respect to claim 6 Jones discloses a plurality of purlins [reference character 102] spanning between the canopy beams and providing structural support to the first solar panel and the second solar panel.
With respect to claim 7 Jones discloses that the first gutter provides structural support to a first portion of a total solar panel load [at the valley of the adjacent panels] and the plurality of purlins provides structural support to a second portion of the total solar panel load [at the apex of the adjacent panels].
Allowable Subject Matter
Claims 8-9 and 18-19 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.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VIVEK K SHIRSAT whose telephone number is (571)272-3722. The examiner can normally be reached M-F 9:00AM-5:20AM.
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, Helena Kosanovic can be reached at 571-272-9059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VIVEK K SHIRSAT/Primary Examiner, Art Unit 3762
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