DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office Action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/08/2026 has been entered.
This communication is a Non-Final rejection Office Action on the merits. Claim(s) 1, 15, and 16 have been amended. Claims 1-20 are now pending and have been considered below.
Response to Amendment
The previous 35 USC 112 rejections are withdrawn in light of applicant's amendments.
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 of this title, 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(s) 1-14, are rejected under 35 U.S.C. 103 as being unpatentable over Creasy et al. (U.S. Pub. No. 2022/0294386) in view of Hobson (U.S. Patent No. 4,037,513).
Regarding claim 1, Creasy et al. teaches a coupling system for use with a solar tracker (clamp assembly for PV module support; abstract), comprising: a support rail (1400) including a pair of opposed flanges (1412) disposed in spaced relation to one another and defining a channel therebetween (figure 14A), each of the pair of opposed flanges including a respective slot defined therethrough (slot through which clip 1430 extends; figure 14A); and a coupling clip (1430), the coupling clip configured to be received within each of the slots of the pair of opposed flanges (figure 14A) and a portion of a module rail received within the channel of the support rail (the clip is capable of being received in a portion of a module rail received within the channel of the support rail, since a module rail is not being positively claimed) wherein the coupling clip includes at least one protrusion (bulb-shaped protrusion; figure 14A) disposed on a proximal portion thereof (figure 14A), and the at least one protrusion configured to engage a portion of an opposite flange of the pair of opposed flanges to inhibit distal movement of the coupling clip to selectively couple the module rail to the support rail (figure 14A).
Creasy et al. does not specifically disclose the coupling clip includes at least one resilient finger disposed on a distal end portion, the at least one resilient finger comprising a first integral fold of coupling clip material along a first axis to extend the at least one resilient finger out from a body of the coupling clip at the first axis, the at least one resilient finger configured to engage a portion of a flange of the pair of opposed flanges to inhibit proximal movement of the coupling clip, at least one protrusion comprising a second integral fold of coupling clip material along the first axis to extend the at least one protrusion out from a body of the coupling clip at the first axis and in a same direction out from the body as the at least one resilient finger.
Hobson discloses a heavy duty cotter pin (abstract) including a coupling clip (15) with at least one resilient finger (23) disposed on a distal end portion (figure 1), the at least one resilient finger comprising a first integral fold of coupling clip material (where 23 extends out from 19) along a first axis (axis of 19) to extend the at least one resilient finger out from a body of the coupling clip at the first axis (figure 2), the at least one resilient finger configured to engage a portion of a flange of the pair of opposed flanges to inhibit proximal movement of the coupling clip (in the combination, it is understood that the finger of Hobson would be configured to engage a portion of a flange of the pair of opposed flanges of Creasy et al. to inhibit proximal movement of the coupling clip), at least one protrusion (17) comprising a second integral fold of coupling clip material (where 17 extends out from 19) along the first axis (axis of 19) to extend the at least one protrusion out from a body of the coupling clip at the first axis (figure 2) and in a same direction out from the body as the at least one resilient finger (figure 2).
Therefore, from the teaching of Hobson, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the photovoltaic support of Creasy et al. such that the coupling clip includes at least one resilient finger disposed on a distal end portion, the at least one resilient finger comprising a first integral fold of coupling clip material along a first axis to extend the at least one resilient finger out from a body of the coupling clip at the first axis, the at least one resilient finger configured to engage a portion of a flange of the pair of opposed flanges to inhibit proximal movement of the coupling clip, at least one protrusion comprising a second integral fold of coupling clip material along the first axis to extend the at least one protrusion out from a body of the coupling clip at the first axis and in a same direction out from the body as the at least one resilient finger, as taught by Hobson, in order to simplify the insertion and securement of the fastener providing a quick fastening, thereby reducing time and facilitating the assembly of the photovoltaic support structure.
Regarding claim 2, Hobson in the combination discloses the at least one resilient finger is movable between a deployed movement inhibiting position (after it is inserted through the flanges of Creasy et al. it would be in a deployed movement inhibiting position) and a retracted clip receiving position (when it is ready to be inserted into or removed from the flanges).
Regarding claim 3, Hobson in the combination discloses the at least one resilient finger is biased to the deployed movement inhibiting position (it is understood that due to its spring-like nature, the finger is capable of being biased to the deployed movement inhibiting position).
Regarding claim 4, Hobson in the combination discloses as the at least one resilient finger is being received at the respective slot defined at each of the pair of opposed flanges, the bias of the resilient finger is overcome to cause the resilient finger to move from the deployed movement inhibiting position to the retracted clip receiving position (it is understood that due to its spring-like nature, as the resilient finger is being received at the respective slot defined at each of the pair of opposed flanges, the bias of the resilient finger would be overcome to cause the resilient finger to move from the deployed movement inhibiting position to the retracted clip receiving position).
Regarding claim 5, Hobson in the combination discloses as the at least one resilient finger is being received at the respective slot defined at each of the pair of opposed flanges the at least one resilient finger is at the retracted clip receiving position and when the at least one resilient finger is spaced apart from the respective slot defined at each of the pair of opposed flanges the resilient finger is at the deployed movement inhibiting position (it is understood that due to its spring-like nature, as the at least one resilient finger is being received at the respective slot defined at each of the pair of opposed flanges, the at least one resilient finger would be at the retracted clip receiving position and when the at least one resilient finger is spaced apart from the respective slot defined at each of the pair of opposed flanges the at least one resilient finger would be at the deployed movement inhibiting position).
Regarding claim 6, Hobson in the combination discloses contact between the at least one resilient finger and each of the pair of opposed flanges at the location of the respective slot causes the bias of the at least one resilient finger to be overcome and cause the at least one resilient finger to move from the deployed movement inhibiting position to the retracted clip receiving position (it is understood that due to its spring-like nature, contact between the at least one resilient finger and each of the pair of opposed flanges at the location of the respective slot would cause the bias of the at least one resilient finger to be overcome and cause the at least one resilient finger to move from the deployed movement inhibiting position to the retracted clip receiving position).
Regarding claim 7, Creasy et al. teaches the protrusion is non-movable relative to the coupling clip (it is unitary and therefore non-movable relative to the coupling clip; figure 14A).
Regarding claim 8, Creasy et al. and Hobson in the combination disclose the at least one resilient finger and the protrusion are configured such that the coupling clip is: (i) receivable within each of the slots of the pair of opposed flanges when the coupling clip is inserted therethrough in a direction where the at least one resilient finger leads the protrusion (in the combination, it is understood that due to its spring-like nature, the Creasy et al. modified clip would be receivable within each of the slots of the pair of opposed flanges when the coupling clip is inserted therethrough in a direction where the at least one resilient finger leads the protrusion), (ii) prevented from reception within each of the slots of the pair of opposed flanges when the coupling clip is inserted therethrough in an opposite direction where the protrusion leads the at least one resilient finger (it is understood that the protrusion of Creasy et al. would cause the clip to be prevented from reception within each of the slots of the pair of opposed flanges when the coupling clip is inserted therethrough in an opposite direction where the protrusion leads the at least one resilient finger).
Regarding claim 9, Hobson in the combination discloses when the at least one resilient finger is at the deployed movement inhibiting position, the at least one resilient finger extends out from a body of the coupling clip opposite the insertion direction where the at least one resilient finger leads the protrusion (figure 1).
Regarding claim 10, Hobson in the combination disclose the protrusion extends out from a body of the coupling clip a distance to create an interference stop at the protrusion between one of the slots of one of the pair of opposed flanges (in the combination, it is understood that the protrusion 23 would extend out from a body of the coupling clip a distance to create an interference stop at the protrusion between one of the slots of one of the pair of opposed flanges; figure 1), and wherein the integral fold of coupling clip material is a planar member (figure 3).
Regarding claim 11, Hobson in the combination discloses, when the at least one resilient finger is at the deployed movement inhibiting position, the at least one resilient finger extends out from a body of the coupling clip in a direction toward the protrusion (as illustrated, the folded portion at 23 extends out from a body of the coupling clip in a direction toward the protrusion 17; figure 2).
Regarding claim 12, Hobson in the combination discloses, when the at least one resilient finger is at the deployed movement inhibiting position, the at least one resilient finger extends out from the distal end portion of the coupling clip at a skewed orientation so as to extend out in a direction toward the proximal end portion of the coupling clip (it is understood that when the at least one resilient finger is at the deployed movement inhibiting position, as in after it has been inserted into the flange, the at least one resilient finger would extend out from the distal end portion of the coupling clip at a skewed orientation so as to extend out in a direction toward the proximal end portion of the coupling clip).
Regarding claim 13, Creasy et al. teaches a body of the support rail defines a saddle shape (lower bottom shape of 1000; figure 10A) that includes a torque tube receiving recess that is configured to interface with a torque tube (it is understood that the recess is capable of receiving and interfacing with a torque tube; the examiner notes that a torque tube is not being positively claimed).
Regarding claim 14, Creasy et al. teaches the respective slot defined through each of the pair of opposed flanges is located between the torque tube receiving recess and a top end of each of the pair of opposed flanges (figure 14A).
Claim(s) 15-20, are rejected under 35 U.S.C. 103 as being unpatentable over Creasy et al. (U.S. Pub. No. 2022/0294386) in view of Corio (U.S. Patent No. 10,917,039), and in view of Hobson (U.S. Patent No. 4,037,513).
Regarding claim 15, Creasy et al. teaches a coupling system for use with a solar tracker (clamp assembly for PV module support; abstract), comprising: a support rail (1400) including a pair of opposed flanges (1412) disposed in spaced relation to one another and defining a channel therebetween (figure 14A), each of the pair of opposed flanges including a respective slot defined therethrough (slot through which clip 1430 extends; figure 14A), wherein a body of the support rail defines a saddle shape (lower bottom shape of 1000; figure 10A) that includes a torque tube receiving recess that is configured to interface with a torque tube (it is understood that the recess is capable of receiving and interfacing with a torque tube; the examiner notes that a torque tube is not being positively claimed), and wherein the respective slot defined through each of the pair of opposed flanges is located between the torque tube receiving recess and a top end of each of the pair of opposed flanges (figure 14A); and a coupling clip (1430), the coupling clip configured to be received within each of the slots of the pair of opposed flanges (figure 14A) and a portion of a module rail received within the channel of the support rail (the clip is capable of being received in a portion of a module rail received within the channel of the support rail, since a module rail is not being positively claimed).
Creasy et al. does not specifically disclose an attachment member extending out from the torque tube receiving recess, the attachment member and the torque tube recess configured to bound a perimeter of the torque tube.
Corio discloses a solar mounting bracket (title) including an attachment member (14) extending out from the torque tube receiving recess (figure 8), the attachment member and the torque tube recess configured to bound a perimeter of the torque tube (in the combination, it is understood that the attachment member of Corio and the torque tube recess of Creasy et al. would be configured to bound a perimeter of the torque tube).
Therefore, from the teaching of Corio, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the photovoltaic support of Creasy et al. to include an attachment member extending out from the torque tube receiving recess, the attachment member and the torque tube recess configured to bound a perimeter of the torque tube, as taught by Corio in order to reduce the number of parts required for securing a torque tube to the saddle member, in order to reduce costs and facilitate assembly.
In addition, Creasy et al. does not specifically disclose the coupling clip includes a resilient wedge finger disposed on a distal end portion, the resilient wedge finger comprising a first integral fold of coupling clip material along a first axis to extend the at least one resilient finger out from a body of the coupling clip at the first axis, the at least one resilient finger configured to engage at least a portion of a flange of the pair of opposed flanges to inhibit proximal movement of the coupling clip, the protrusion comprising a second integral fold of coupling clip material along the first axis to extend the protrusion out from a body of the coupling clip at the first axis and in a same direction out from the body as the at least one resilient finger.
Hobson discloses a heavy duty cotter pin (abstract) including a coupling clip (15) with a resilient wedge resilient finger (23) disposed on a distal end portion (figure 1), the resilient wedge finger comprising a first integral fold of coupling clip material (where 23 extends out from 19) along a first axis (axis of 19) to extend the at least one resilient finger out from a body of the coupling clip at the first axis (figure 2), the at least one resilient finger configured to engage a portion of a flange of the pair of opposed flanges to inhibit proximal movement of the coupling clip (in the combination, it is understood that the finger of Hobson would be configured to engage a portion of a flange of the pair of opposed flanges of Creasy et al. to inhibit proximal movement of the coupling clip), a protrusion (17) comprising a second integral fold of coupling clip material (where 17 extends out from 19) along the first axis (axis of 19) to extend the protrusion out from a body of the coupling clip at the first axis (figure 2) and in a same direction out from the body as the at least one resilient finger (figure 2).
Therefore, from the teaching of Hobson, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the photovoltaic support of Creasy et al. such that the coupling clip includes a resilient wedge finger disposed on a distal end portion, the resilient wedge finger comprising a first integral fold of coupling clip material along a first axis to extend the at least one resilient finger out from a body of the coupling clip at the first axis, the at least one resilient finger configured to engage at least a portion of a flange of the pair of opposed flanges to inhibit proximal movement of the coupling clip, the protrusion comprising a second integral fold of coupling clip material along the first axis to extend the protrusion out from a body of the coupling clip at the first axis and in a same direction out from the body as the at least one resilient finger, as taught by Hobson, in order to simplify the insertion and securement of the fastener providing a quick fastening, thereby reducing time and facilitating the assembly of the photovoltaic support structure.
Regarding claim 16, Hobson in the combination discloses the resilient wedge finger is configured to engage a portion of the pair of opposed flanges to inhibit proximal movement of the coupling clip (in the combination, it is understood that the finger of Hobson would be configured to engage a portion of the pair of opposed flanges to inhibit proximal movement of the coupling clip) and the protrusion is configured to engage a portion of an opposite flange of the pair of opposed flanges to inhibit distal movement of the coupling clip to selectively couple the module rail to the support rail (in the combination, it is understood that the protrusion of Hobson would be configured to engage a portion of an opposite flange of the pair of opposed flanges to inhibit distal movement of the coupling clip to selectively couple the module rail to the support rail).
Regarding claim 17, Hobson in the combination discloses the resilient wedge finger is movable between a deployed movement inhibiting position and a retracted clip receiving position (it is understood that when the finger is inserted into the slot, it’s spring-like nature would put it in a retracted clip receiving position as it slides through the slot, and a deployed movement inhibiting position, after it exits the other side of the slot), and wherein the resilient wedge finger is biased to the deployed movement inhibiting position (it is understood that due to its spring-like nature, the finger is capable of being biased to the deployed movement inhibiting position).
Regarding claim 18, Hobson in the combination discloses as the resilient wedge finger is being received at the respective slot defined at each of the pair of opposed flanges the resilient wedge finger is at the retracted clip receiving position and when the resilient wedge finger is spaced apart from the respective slot defined at each of the pair of opposed flanges the resilient wedge finger is at the deployed movement inhibiting position (it is understood that due to its spring-like nature, as the resilient wedge finger is being received at the respective slot defined at each of the pair of opposed flanges, the resilient wedge finger would be at the retracted clip receiving position and when the resilient wedge finger is spaced apart from the respective slot defined at each of the pair of opposed flanges the resilient wedge finger would be at the deployed movement inhibiting position).
Regarding claim 19, Hobson in the combination discloses the protrusion is non-movable relative to the coupling clip (the protrusion is enlarged and therefore non-movable relative to the coupling clip; figure 1).
Regarding claim 20, Hobson in the combination disclose the resilient wedge finger and the protrusion are configured such that the coupling clip is: (i) receivable within each of the slots of the pair of opposed flanges when the coupling clip is inserted therethrough in a direction where the resilient wedge finger leads the protrusion (in the combination, it is understood that due to its spring-like nature, the clip of Hobson would be receivable within each of the slots of the pair of opposed flanges when the coupling clip is inserted therethrough in a direction where the resilient wedge finger leads the protrusion), (ii) prevented from reception within each of the slots of the pair of opposed flanges when the coupling clip is inserted therethrough in an opposite direction where the protrusion leads the resilient wedge finger (it is understood that the protrusion of Hobson would cause the clip to be prevented from reception within each of the slots of the pair of opposed flanges when the coupling clip is inserted therethrough in an opposite direction where the protrusion leads the resilient wedge finger).
Response to Arguments
Applicant's arguments and amendments have been considered but are moot in view of the new ground(s) of rejection. New reference(s) Hobson (U.S. Patent No. 4,037,513) has been added to overcome the newly added limitations. Applicant’s amendment regarding the at least one resilient finger comprising an a first integral fold of coupling clip material along a first axis to extend the at least one resilient finger out from a body of the coupling clip at the first axis, the at least one resilient finger configured to engage a portion of a flange of the pair of opposed flanges to inhibit proximal movement of the coupling clip, the at least one protrusion comprising a second integral fold of coupling clip material along the first axis to extend the at least one protrusion out from a body of the coupling clip at the first axis and in a same direction out from the body as the at least one resilient finger, the at least one protrusion, overcomes the previous rejection in view of Lary. The argument that Lary fails to teach the new limitations is persuasive since the finger and protrusion do not extend from the same first axis. Therefore, the Lary reference has been withdrawn. The new limitations are overcome in view of new reference Hobson.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAR F HIJAZ whose telephone number is (571)270-5790. The examiner can normally be reached on 8-6 EST Monday-Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached on (571) 270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OMAR F HIJAZ/Examiner, Art Unit 3633