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 .
Election/Restrictions
Claims 4-9 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 8/27/2025.
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 1-3 are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors.
It is assumed claim 1 recites, in combination, a clamping device, roof crossbar, and a solar roof panel, the solar roof panel connected on the roof crossbar with the clamping device.
It is assumed claim 2 recites the combination clamping device, roof crossbar, and solar roof panel of claim 1, the clamping device further comprising a fixed block comprising a push plate within the block, a push plate surface contacting a clip, and a fixed block positioning portion.
It is assumed claim 3 recites the combination clamping device, roof crossbar, and solar roof panel of claim 2, wherein an adjustment screw extends partially through the fixed block and is threaded into the push plate to actuate the clip, and a threaded rod is threaded into the fixed block, a bottom end of the threaded rod including a positioning disc.
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.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Shen (12,187,237) in view of Van Straten (12,202,441).
1. Shen, figs. 4-5, teaches, as best understood, in combination, a portable clamping device 3, roof crossbar, fig. 11, and a mounted accessory (carrier), the accessory connected on the roof crossbar with the clamping device. Shen does not teach that the mounted accessory is a mounted solar panel. Van Straten teaches that it is old in the art to mount a solar panel 114 to a roof crossbar, fig. 7. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention for the Shen mounted accessory to be a mounted solar panel “for providing solar power to battery systems provided on vehicles”, col. 1, lines 25-26.
The claim is understood to be drawn to, in combination, a portable clamping device, roof crossbar, and roof solar panel because the applicant has positively recited claim elements other than the clamping device. The claim recites panel and crossbar “connected” by the clamping device clamping component. In re Larsen, 10 Fed. App’x 890 (Fed. Cir. 2001)
Claims 2-3 - are rejected under 35 U.S.C. 103 as being unpatentable over Shen in view of Van Straten and in further view of Taylor (8,740,163).
2. Shen in view of Van Straten teaches, as best understood, the combination clamping device, roof crossbar, and solar roof panel of claim 1, the clamping device further comprising a fixed block 301 comprising a push plate 5 within the block, a push plate surface contacting a clip 302. Shen in view of Van Straten does not teaches a fixed block positioning portion of the fixed block. Taylor, figs. 2-3, teaches a positioning portion of (13, 21A, 21B, 22) of a fixed block 17. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have a such a positioning portion on the Shen fixed block to firmly secure the Van Straten solar panel.
3. Shen in view of Van Straten teaches, as best understood, the combination clamping device, roof crossbar, and solar roof panel of claim 2, the Shen clamping device further comprising an adjustment screw 4 extends partially through the fixed block and is threaded into the push plate to actuate the clip, fig. 4, Taylor further teaching a threaded rod threaded into a fixed block 17, a bottom end of the threaded rod including a positioning disc 21B.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL J KENNY whose telephone number is (571)272-9951. The examiner can normally be reached Monday-Friday 8am-5pm.
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/DANIEL J KENNY/ Examiner, Art Unit 3633