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 Objections
Claims 5-6 and 9 are objected to because of the following informalities:
Claim 5 recites “the base, the support, and the compression member has…” in lines 1-2. The sentence is grammatically incorrect. It is suggested to be changed.
Claim 6 recites “the base and the support compresses the compression member and clamps the solar panel” (emphasis added). The sentence is grammatically incorrect. It is suggested to be changed.
Claim 9 recites “the length of the top member, bottom member and compression member are …” in lines 1-2. The sentence is grammatically incorrect. It is suggested to be changed.
Appropriate correction is required.
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 5-6 and 8-11 are 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 5 recites the limitation "the base" in line 1. There is insufficient antecedent basis for this limitation in the claim. It is unclear if “the base” recited in claim 5 is the same as or different from “a top base” recited in line 8 of claim 1.
Claim 5 recites “the solar panel” in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 also recites the limitation “the plurality of fasteners” in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation “the base” in line 1. There is insufficient antecedent basis for this limitation in the claim. It is unclear if “the base” recited in claim 5 is the same as or different from “a top base” recited in line 8 of claim 1.
Claim 6 recites the limitation “the solar panel” in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites “compression member” in line 2. It is unclear if “compression member” recited in claim 8 is the same as or different from “a compression member” recited in lines 3-4 of claim 1.
Claim 9 recites the limitation “the length of the top member, bottom member and compression member” in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation “the length” in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites “the solar panel” in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-6, 9 and 11 are rejected under 35 U.S.C. 102(a)(1)/(2) as being anticipated by Danning (US 2013/0340358).
Regarding claim 1, Danning discloses a system (see brace assembly or coupling device 50 in figs. 2, 1050 in fig. 3, or 2050 in fig. 4) for supporting a plurality of solar panels, the system (see annotated fig. 2A below) comprising:
an assembly having a length and comprising:
a top member (see annotated fig. 2A below) comprising:
a top base (see annotated fig. 2A below) with a top base width,
a first top vertical extension (see annotated fig. 2A below) extending a first height from the top base, and
a first top horizontal member (see annotated fig. 2 below) extending from the first top vertical extension;
a bottom member (see annotated fig. 2A below) comprising:
a support (see annotated fig. 2A below),
a first bottom vertical extension (see annotated fig. 2A below) extending a second height from the support, and
first ridges (64) extending a first distance from the bottom vertical extension and in the direction of the support (see annotated fig. 2A below);
a compression member (or the middle member being compressed by the fasteners 98 from the top member side and fasteners 112 from the bottom member side) comprising a compression top (see annotated fig. 2A below) having:
a compression top (see annotated fig. 2A below) having a compression top width, and
a compression bottom (see annotated fig. 2A below) having a compression bottom width; and
at least one fastener (see fasteners 98 and 118 in figs. 2B-C) securing the top member and the bottom member to the compression member (see annotated fig. 2A below).
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Danning discloses the ridges – or elevated structure (64 and 62) are sized and configured to help retain the lower protrusion (20) of the frame of the solar cell (see figs. 2E and 2F, [0054]). As such the first ridge (64) of Danning has a first bottom horizontal member extending a first distance from the bottom vertical extension to accommodate the bottom of the lower protrusion (20) and a first peripheral vertical member (or the elevated portion of the ridge) extending in the direction of the support from the bottom horizontal member. Accordingly, Danning discloses all the claimed structural limitations of the system; the reference is deemed to be anticipatory.
Regarding claim 2, Danning discloses a system as in claim 1 above, and teaches the top member has at least one second top vertical member extending from the first top horizontal member (see annotated fig. 2A above).
Regarding claim 3, Danning discloses a system as in claim 1 above, and teaches the top member further comprises a second top vertical extension extending the first height from the top base to define a channel, and a second top horizontal member extending from the second top vertical extension (see annotated fig. 2A above).
Regarding claim 4, Danning discloses a system as in claim 1 above, and teaches the bottom member further comprises a second bottom vertical extension (see annotated fig. 2A above) extending the second height from the support and a second ridge (62, see annotated fig. 2A above) which has second bottom horizontal member extending the first distance from the second bottom vertical extension and a first peripheral vertical member extending in the direction of the support from the bottom horizontal member to define an inverted channel as explained in claim 1 above.
Regarding claim 5, Danning discloses a system as in claim 1 above, and teaches the base, the support, and the compression member has a plurality of holes (see holes for fasteners 98, 112/114 shown in figs. 2B-2C) extending from one end to the other wherein the holes align with each other allowing the plurality of fasteners (98 and 112/114) to be inserted into the base, support and compression member (see figs. 2-B).
Regarding claim 6, Danning discloses a system as in claim 5 above, and teaches the system (50) is a brace assembly to clamp the solar panels (see [0050-0051, figs. 2D-2G). As such, the base and the support of the clamp compresses the compression member and clamps the solar panel between the base and the support when the plurality of fasteners is tightened.
Regarding claim 9, Danning discloses a system as in claim 1 above, and teaches the lengths of the top member, bottom member and compression member are the same length to define the length of the assembly (see figs. 2A, 2G, 3 and 4).
Regarding claim 11, Danning discloses a system as in claim 9 above, and teaches the assembly is for reliable electrical grounding (see [0056]). As such, Danning teaches the solar panel is grounded to the assembly.
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.
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.
Alternatively, claim(s) 1-6, 9 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Danning (US 2013/0340358) in view of Bamat et al. (US 2019/0013772).
Regarding claim 1, Danning discloses a system (see brace assembly or coupling device 50 in figs. 2, 1050 in fig. 3, or 2050 in fig. 4) for supporting a plurality of solar panels, the system (see annotated fig. 2A below) comprising:
an assembly having a length and comprising:
a top member (see annotated fig. 2A below) comprising:
a top base (see annotated fig. 2A below) with a top base width,
a first top vertical extension (see annotated fig. 2A below) extending a first height from the top base, and
a first top horizontal member (see annotated fig. 2 below) extending from the first top vertical extension;
a bottom member (see annotated fig. 2A below) comprising:
a support (see annotated fig. 2A below),
a first bottom vertical extension (see annotated fig. 2A below) extending a second height from the support, and
first ridges (64) extending a first distance from the bottom vertical extension and in the direction of the support (see annotated fig. 2A below);
a compression member (or the middle member being compressed by the fasteners 98 from the top member side and fasteners 112 from the bottom member side) comprising a compression top (see annotated fig. 2A below) having a compression top width and a compression bottom (see annotated fig. 2A below) having a compression bottom width; and
at least one fastener (see fasteners 98 and 118 in figs. 2B-C) securing the top member and the bottom member to the compression member (see annotated fig. 2A below).
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Danning discloses using the system for electrical grounding (see [0056]). Danning does not explicitly discloses the system is for water diversion to include a first bottom horizontal member extending a first distance from the bottom vertical extension and a first peripheral vertical member extending in the direction of the support from the bottom horizontal member.
Bamat et al. teaches an attachment device with upper clamp (10) and lower clamp (20) and sleeve (50) being compressed by the upper clamp (10) and lower clamp (20) to clamp the solar panel (or photovoltaic panel 374) between the upper clamp (10) and the lower clamp (20, see figs. 1, 72 and 85), wherein the lower clamp (20) includes drainage troughs (157 and 159, fig. 85) for draining water from the solar panel (or the photovoltaic modules, see [0362]). Each of the drainage troughs (157 and 159) includes a bottom horizontal member extending a first distance from a bottom vertical extension to form the base/bottom of the trough and a peripheral vertical member extending in the direction of the support from the bottom horizontal member to form the riser of the trough (see fig. 85).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the system of Danning by incorporating the drain troughs each includes a bottom horizontal member extending a first distance from the bottom vertical extension and a peripheral vertical member extending in the direction of the support from the bottom horizontal member to drain water (away) from the solar panel as taught by Bamat et al.. In such modification, the system of modified Danning is a water diversion (taught by Bamat et al.) and grounding system (taught by Danning).
Regarding claim 2, modified Danning discloses a system as in claim 1 above, wherein Danning teaches the top member has at least one second top vertical member extending from the first top horizontal member (see annotated fig. 2A above).
Regarding claim 3, modified Danning discloses a system as in claim 1 above, wherein Danning teaches the top member further comprises a second top vertical extension extending the first height from the top base to define a channel, and a second top horizontal member extending from the second top vertical extension (see annotated fig. 2A above).
Regarding claim 4, modified Danning discloses a system as in claim 1 above, wherein Danning teaches the bottom member further comprises a second bottom vertical extension (see annotated fig. 2A above) extending the second height from the support, and the system of modified Danning includes a second drain trough which has second bottom horizontal member extending the first distance from the second bottom vertical extension and a first peripheral vertical member extending in the direction of the support from the bottom horizontal member to define an inverted channel (see fig. 85 of Bamat et al.).
Regarding claim 5, modified Danning discloses a system as in claim 1 above, wherein Danning teaches the base, the support, and the compression member has a plurality of holes (see holes for fasteners 98, 112/114 shown in figs. 2B-2C) extending from one end to the other wherein the holes align with each other allowing the plurality of fasteners (98 and 112/114) to be inserted into the base, support and compression member (see figs. 2-B).
Regarding claim 6, modified Danning discloses a system as in claim 5 above, wherein Danning teaches the system (50) is a brace assembly to clamp the solar panels (see [0050-0051, figs. 2D-2G). As such, the base and the support of the clamp compresses the compression member and clamps the solar panel between the base and the support when the plurality of fasteners is tightened.
Regarding claim 9, modified Danning discloses a system as in claim 1 above, wherein Danning teaches the lengths of the top member, bottom member and compression member are the same length to define the length of the assembly (see figs. 2A, 2G, 3 and 4).
Regarding claim 11, modified Danning discloses a system as in claim 9 above, wherein Danning teaches the assembly is for reliable electrical grounding (see [0056]). As such, modified Danning teaches the solar panel is grounded to the assembly.
Claim(s) 7-8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Danning or modified Danning as applied to claim 1 above, in view of Park et al. (US 2012/0175322).
Regarding claim 7, Danning or modified Danning discloses a system as in claim 1 above, wherein Danning teaches using metal such as stainless steel for the system (or the clamp or coupler/brace assembly 50, see [0073]).
Danning or modified Danning does not teach the top member and the bottom member are aluminum or carbon steel.
Park et al. discloses using metal such as aluminum for the top and bottom plates (12 and 14, fig. 1) of a clamp (10) to provide sufficient strength, rigidity, and durability (see [0038]).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the system of Danning or modified Danning by using aluminum for the top member (or top plate) and the bottom member (or bottom plate) to provide sufficient strength, rigidity and durability as taught by Park et al.
Regarding claim 8, Danning or modified Danning discloses a system as in claim 1 above, wherein Danning teaches provide
Danning or modified Danning does not explicitly disclose the compression member is a rubber material.
Park et al. discloses using rubber for a structure of a clamp (10) to provide sufficient strength, rigidity and durability (see [0038]).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the system of Danning or modified Danning by using rubber material for the compression member to provide sufficient strength, rigidity and durability as taught by Park et al.
Regarding claim 10, Danning or modified Danning discloses a system as in claim 9 above.
Danning or modified Danning does not explicitly disclose the length of the system (or the clamp) to be about 36 inches.
Park et al. discloses the length of a system (or clamping mechanism) to be from 1 in to 10ft and it is a matter of desired choice to secure the solar panel (5) without the solar panel falling off (see [0037-0038]).
It would have been obvious to one skilled in the art to modify the system of Danning et al. or modified Danning et al. by using the system (or clamping mechanism) having a length of 1 in to 10ft to secure the solar panel without falling off as taught by Park et al. In addition, it would have been an obvious matter of design choice to select the length of the system to be about 36 inches in the range of 1in to 10ft disclosed by Park, because selection of overlapping portion of ranges has been held to be a prima facie case of obviousness. See In re Malagari, 182 USPQ 549 and Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THANH-TRUC TRINH whose telephone number is (571)272-6594. The examiner can normally be reached 9:00am - 6:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey T. Barton can be reached at 5712721307. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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THANH-TRUC TRINH
Primary Examiner
Art Unit 1726
/THANH TRUC TRINH/Primary Examiner, Art Unit 1726