DETAILED ACTION
Response to Amendment
The amendment of March 17, 2026 is considered herein.
Claims 1, 10, 11, 14, 15, and 17 have been amended.
Claim 13 has been cancelled and claim 21 added.
Claims 1-12 and 14-21 are pending.
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.
Claim 14 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 14 refers to “the first tab” and “the second tab” of the first and second mounts but the only first and second tabs are detailed relative to the first and second bases (claim 10). Since claim 10 teaches the tabs to engage with the first and second mounts, it is unclear how the tabs can be both part of the base, the mount and be the component that engages with the mount or if there are other tabs present. Please amend the claims to either require the tabs to be part of the mounts, consistent with claim 10, or amend the claim to remove these requirements.
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.
Claim(s) 1-4, and 6-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by MCPHEETERS et al (US Patent 9,813,013).
Regarding claim 1, MCPHEETERS et al teaches a mounting system (100, figures 2, 3a-c) for a solar panel module (110), comprising:
a first mount (left mount 130b/120b of figures 3a-c) including:
a top having a first receptacle (portion formed between the clip portion and rail 130 of figure 9A) to receive a first side of a bottom of a solar panel module (112, figure 9A), a top of the solar panel module at the first side being disposable above the first receptacle (figure 9A), and
a bottom (121 (figure 2)) to reside on a surface (104, figure 4); and
a second mount (second mount from the left 130a/120a of figures 3a-c) including:
a lower member (121/120) having:
a top (121/124, figure 6), and
a bottom (122, figure 6) to reside on the surface (106, figure 4), and
an upper member (123/124/150/130/clip of figure 9a, as shown in figures 2, 4-9a) having:
a top (130/150/clip) including a second receptacle (portion formed between the clip portion and rail 130 of figure 9A) to receive a second side of the bottom of the solar panel module (112, figure 9a) opposite the first side of the solar panel module (wherein engagement of opposite ends with two mounts is shown in figure 3a-c), the top of the solar panel module at the second side being disposable above the first receptacle (see figures 3a-c, wherein the top of panel 110a on the right is above the first receptacle (the clip of 130b), wherein this relationship is present as shown and when considered relative to the ground and relative to the surface claimed above), and
a bottom (123) coupled to the top of the lower member (121/122/124).
Regarding claim 2, MCPHEETERS et al teaches (in figures 6 and 7) the top of the lower member (124) includes a hole (hole for receiving fastener c.4, l.52-64); and the mounting system further comprises a fastener (126) threaded into the hole (see citation above), the fastener (126) being configured to couple the lower member (including 124) and the upper member (including 123) together.
Regarding claim 3, MCPHEETERS et al teaches the upper member (including 123) includes a slot (123d, figure 5) through which the fastener (126) is at least partially disposed (see figures 6 and 7).
Regarding claim 4, MCPHEETERS et al teaches the first mount (left mount of figure 3a-c) includes one or more first prongs (clip portion shown in figures 9a-d to engage with frame 112) that engage with the first side of the solar panel module (engagement with the first panel shown in figures 3a-3c on the left side and the details in figures 9a-9d); and the second mount (second mount from left of figures 3a-c) includes one or more second prongs (clip portion shown in figures 9a-d to engage with frame 112) that engage with the second side of the solar panel module (engagement with the second side of the first panel shown in figures 3a-c).
Regarding claim 6, MCPHEETERS et al teaches the first mount (left mount comprising components 120/130/150 etc of figures 3a-c through 9a-c) further includes:
a main back plate (130, figures 9a-c shows a generally x-axis extension);
an upper plate (vertical, left portion at the rear of the clip receptacle, best seen in figures 9a-d) extending transverse to the main back plate (vertical, transverse to the horizontal plane of back plate 130);
a frame catch plate (horizontal, top portion within the clip receptacle, best seen in figures 9a-c) extending substantially parallel to the upper plate (horizontal, parallel to the horizontal plane of the back plate 130);
a left flange plate (vertical portion on the left side of the clip receptacle, best seen in figures 9a-d) extending transverse to the main back plate (vertical, transverse to the horizontal plane of back plate 130);
a right flange plate (123e, best seen in figures 6 and 7) extending transverse to the main back plate (vertical, transverse to the horizontal plane of back plate 130);
a lower support plate (151a, vertically extending textured portion, best seen in figure 8) extending transverse to the main back plate (vertical, transverse to the horizontal plane of back plate 130); and
a base catch plate (123a, best seen in figures 6 and 7) extending transverse to the lower support plate (extending horizontal, transverse to the vertical portion 151a).
Regarding claim 7, MCPHEETERS et al teaches the upper plate (vertical, left portion at the rear of the clip receptacle, best seen in figures 9a-d) and the frame catch plate (horizontal, top portion within the clip receptacle, best seen in figures 9a-d) at least partially form the first receptacle (see figures 9a-d).
Regarding claim 8, MCPHEETERS et al teaches wherein the upper member (123/124/150/130/clip of figure 9a, as shown in figures 2, 4-9a) includes:
a main back plate (130, figures 9a-c shows a generally x-axis extension);
an upper plate (vertical, left portion at the rear of the clip receptacle, best seen in figures 9a-d) extending transverse to the main back plate (vertical, transverse to the horizontal plane of back plate 130);
a frame catch plate (horizontal, top portion within the clip receptacle, best seen in figures 9a-c) extending substantially parallel to the upper plate (horizontal, parallel to the horizontal plane of the back plate 130);
a left flange plate (vertical portion on the left side of the clip receptacle, best seen in figures 9a-d) extending transverse to the main back plate (vertical, transverse to the horizontal plane of back plate 130);
a right flange plate (123e, best seen in figures 6 and 7) extending transverse to the main back plate (vertical, transverse to the horizontal plane of back plate 130);
Regarding claim 9, MCPHEETERS et al teaches the upper plate (vertical, left portion at the rear of the clip receptacle, best seen in figures 9a-d) and the frame catch plate (horizontal, top portion within the clip receptacle, best seen in figures 9a-d) at least partially form the first receptacle (see figures 9a-d).
Claim(s) 10-16, and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by NISHIO (US PG PUB 2015/0188483A1).
Regarding claim 10, NISHIO teaches a mounting system for a solar panel module (figures 14 and 15), comprising:
a first mount (32A and right component of figure 15) for supporting a solar panel module a first distance above a surface (distance to opening 100A from bottom of component 36),
the first mount including:
a receptacle (100A) to receive a first side of the solar panel module (see figure 14 for reception of panel 10 in receptacle 100A), and
one or more prongs (101p or 102e) to engage the solar panel module along the first side (paragraph [0089] or [0061], respectively); and
a second mount (33A, 30bA and left component of figure 15) for supporting the solar panel module a second distance above the surface (distance to opening 200 from bottom of component 36), the second distance being greater than the first distance (shown to be different heights in figure 14),
the second mount including:
a receptacle (200) to receive a second side of the solar panel module (see figure 14 for reception of panel 10 in receptacle 200), opposite the first side of the solar panel module (see figure 15), and
one or more prongs (202e or 201e) to engage the solar panel module along the second side (contact, interpreted as engagement, shown in figure 14).
a first base (36/37/38/39) including:
a bottom (37, see figures 3 and 4 for specifics),
a receptacle (opening of 37) to receive a portion of the first mount (32/32A, figures 3, 4 and 14/15),
a first tab (right side of 37 and 38 extending to wrap around mount 32 on the right) extending from the bottom of the first base to engage a first side of the first mount (see figures 3, 4 and 15), and
a second tab (left side of 37 extending to wrap around mount 32 on the left) extending from the bottom of the first base to engage a second side of the first mount (see figures 3, 4, and 15); and
a second base (36/37/38/39 on other side of figure 15) including:
a bottom (37, see figures 3 and 4 for specifics),
a receptacle (opening of 37) to receive a portion of the second mount (32/32A, figures 3, 4 and 14/15),
a first tab (left side of 37 extending to wrap around mount 32 on the left side) extending from the bottom of the second base to engage a first side of the second mount (see figures 3, 4 and 15), and
a second tab (right side of 37 and 38 extending to wrap around mount 32 on the right) extending from the bottom of the second base to engage a second side of the second mount (see figures 3, 4, and 15).
Regarding claim 11, MCPHEETERS et al teaches the first mount (32A and right component of figure 15) is located along the first side of the solar panel module (see figure 15), between a first bracket (one side of the slit of 36, see figures 3 and 4, at component 32A) and a second bracket (other side of the slit of 36, see figures 3 and 4, at component 32A) that support the solar panel module to the surface (bottom of component 36, see figures 3/4); and
the second mount (33A and left component of figure 15) is located along the second side of the solar panel module (see figure 15), between a third bracket (one side of the slit of 36, see figures 3 and 4, at component 33A) and a fourth bracket (other side of the slit of 36, see figures 3 and 4, at component 33A) that support the solar panel module to the surface (bottom of component 36, see figures 3/4).
Regarding claim 12, MCPHEETERS et al teaches the second mount (33A/30bA) includes a lower member (36/37/38/39) and an upper member (33A) removably coupled to the lower member (see figures 3/4), the upper member (33A) including the receptacle (200) of the second mount (33A). Of note, there is no exclusionary language requiring these to be separate components from the base or mount above or discuss engagement of the components of claim 10 relative to these components, allowing for components to be interpreted as multiple things.
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Regarding claim 14, for the purpose of this action, in light of the 35 USC 112(b) rejection of this claim above, the tabs are interpreted to be part of the first and second bases, not the mounts. With this in mind, MCPHEETERS et al teaches the first mount includes:
the first mount (right side of figure 15) includes:
a main back plate (component A from annotated figure above) having a channel (portion between components F and G),
a lower support plate (central portion of component F from annotated figure above) extending from the main back plate (A, see annotated figure), and
a base catch plate (leftmost portion of component F from annotated figure above) extending from the lower support plate (central portion of component F);
the second mount (left side of figure 15) includes a stem (component A from annotated figure 14 above) having an arm (component F/G from annotated figure 14 above);
the first tab of the first mount (read as the first tab of the first base that engages with the first mount) engages with the main back plate at a location within the channel (see figure 15)
the second tab of the first mount (read as the second tab of the first base that engages with the first mount) engages with the base catch plate (F); and
the first tab and the second tab of the second base includes one or more tabs that engage with the arm (F or G).
Regarding claim 15, NISHIO teaches the first mount (right side of figure 15) and the second mount (left side of figure 15) support a weight of the solar panel module on the surface (based on the use of the mounts to support the weight of the solar panel, the mounts are interpreted to read on the instant claim).
Regarding claim 16, NISHIO teaches the second mount (left side of figure 15) includes an indent (opening in 36), disposed between a bottom of the second mount (36) and a top of the second mount (33A), to accommodate a ballast tray that supports the solar panel module (The channel 36sp is described as a hollow, open portion in paragraph [0040] as shown in figure 3. The opening is capable of accommodating a ballast tray and therefore reads on the instant claim.).
Regarding claim 21, MCPHEETERS et al teaches the first base (36/37/38/39) includes:
a first aperture disposed on a first side of the receptacle of the first base (opening on the right side of 37 with component 38 to engage with the right side bottom of the first mount 32A), and
a second aperture disposed on a second side of the receptacle of the first base (opening on the left side of 37 to engage with the left side bottom of the first mount 32A); and
the second base includes:
a first aperture disposed on a first side of the receptacle of the second base (opening on the right side of 37 with component 38 to engage with the right side bottom of the first mount 33A), and
a second aperture disposed on a second side of the receptacle of the second base (opening on the left side of 37 to engage with the left side bottom of the first mount 33A).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over MCPHEETERS et al, in view of BAMAT et al (US PG PUB 2019/0013772).
Regarding claim 5, MCPHEETERS et al teaches a second mount (130a/120a) comprising a clip portion on both sides of the bracket for receiving components (in MCPHEETERS panels), but fails to disclose further comprising a wind deflector coupled to the second mount.
BAMAT et al teaches a panel mount (100) comprising a pair of openings on opposing sides (formed on the bottom by component 20 and top by component 10 and more specifically component 26 on one side, as shown in figure 3) for panel attachment (abstract), as shown in figures 2 and 3, just as in MCPHEETERS et al. Moreover, BAMAT et al teaches the use of a wind deflector (172’) present in a receptacle in paragraphs [0333] and [0343], as shown in figure 72, to allow for deflection of wind up and over the array and improved aesthetics (paragraph [0343]).
At the time of filing, it would have been obvious to one of ordinary skill in the art to utilize a wind deflector, engaged in a receptacle of the second mount of MCPHEETERS et al (as opposed to a panel), as shown in BAMAT et al, so as to enable deflection of wind up and over the array and improved aesthetics.
Claim(s) 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over MCPHEETERS et al.
Regarding claim 17, MCPHEETERS et al teaches a system (100, figures 2, 3a-c) comprising:
a first mount (130b/120b/150) supporting a first side of a solar panel module (110a), the first mount including a receptacle (portion between 130 and the clip portion, shown in figures 9a-9d) in which at least a first portion of a frame (112) of the solar panel module is disposed (see figures 9a-9d); and
a second mount (130a/120a/150) spaced apart from the first mount (see figures 9a-9d) and supporting a second side of the solar panel module opposite the first side (see figures 9a-9d),
the second mount including:
a member (150/151/130/clip) having a hole (threaded bore of mating surface 151a, as discussed in c. 5, l. 24-32), and a receptacle (shown in figures 9a-d formed with component 130 and the clip portion) in which at least a second portion of the frame of the solar panel module (112) and
a member (123) (figures 6-8) having:
a slot (123f)
wherein the member (123) is secured to the member (150/151/130/clip) by a fastener (123g) extending through the slot (123f) and threadably engaging the hole (c. 5, l. 24-32), and wherein the slot permits vertical adjustment of the upper member before securing the fastener (movement along the slot 123f for vertical movement).
MCPHEETERS et al fails to disclose the same member to comprise both the slot and receptacle and the other member to have the hole. Interchanging the hole and slot in the members would render the device of member 150 to have the slot and receptacle and member 123 to have the hole. The swapping of the two component’s engagement mechanism is well within the ambit of one of ordinary skill in the art as the components are already present but are proposed to be obviously manipulated to render the same predictable result of height manipulation of the solar panel. Moreover, column 4, lines 11-21 makes clear the interchangeability of the slidable members and height-adjustable member is well within the scope of the invention. Utilizing components 150/130/clip as the upper member with the slot and receptacle, per the modification, would render the member above component 123 fulfilling the claim as written.
Regarding claim 18, MCPHEETERS et al teaches the first mount (130b/120b) supports the solar panel module (110a) at a first height above a surface (surface interpreted to be the ground, wherein the diagonal surface line of figures 3a-3c is that of the angled roof); and the second mount (130a/120a) supports the solar panel module (110a) at a second height above the surface (surface interpreted to be the ground, wherein the diagonal surface line of figures 3a-3c is that of the angled roof), the second height being greater than the first height (the second mount being higher than the first in figures 3a-3c).
Regarding claim 19, MCPHEETERS et al teaches the first mount (130b) is located along the first side (see figures 3a-3c), between a first bracket (123c) and a second bracket (124) that support the solar panel module (110); and the second mount (130a) is located along the second side (see figures 3a-3c), between a third bracket (123a)and a fourth bracket (124) that support the solar panel module.
Regarding claim 20, MCPHEETERS et al teaches the first mount (left mount of figure 3a-c) includes one or more first prongs (clip portion shown in figures 9a-d to engage with frame 112) that engage with the first side of the solar panel module (engagement with the first panel shown in figures 3a-3c on the left side and the details in figures 9a-9d) within the receptacle of the first mount (portion between 130 and the clip portion, shown in figures 9a-9d); and the second mount (second mount from left of figures 3a-c) includes one or more second prongs (clip portion shown in figures 9a-d to engage with frame 112) that engage with the second side of the solar panel module (engagement with the second side of the first panel shown in figures 3a-c) at a location within the receptacle of the second mount (portion between 130 and the clip portion, shown in figures 9a-9d).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 17 and their dependents 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 March 17, 2026 have been fully considered but they are not persuasive.
On page 11, the Applicant argues NISHIO fails to disclose the tabs now claimed because the tabs do not extend from the asserted base 36.
The Examiner disagrees. The rejection is restated above for clarity wherein 37 is interpreted as the base with component 38 interpreted to extend from the base upon assembly. The claim does not require a unitary or singular construction or any other limiting component and the structure formed when components 37 and 38 are assembled is interpreted to read on the first and second tabs accordingly.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
WARSCHATKA (WO2013186217A2) is also directed to a support system wherein the solar panels are located above the support. This is interpreted to read on the structure of at least claim 1.
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 KOURTNEY SALZMAN CARLSON whose telephone number is (571)270-5117. The examiner can normally be reached 9AM-3PM EST M-F.
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/KOURTNEY R S CARLSON/ Primary Examiner, Art Unit 1721 5/30/2026
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