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 .
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 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.
DETAILED ACTION
This is the second action for application #18/632524, Clamp for Securing Solar Panel Frames to Structural Elements, filed 4/11/2024. Claims 1-24 are pending.
Election/Restrictions
Applicant’s election of Species 2 in the reply filed on 2/27/26 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). The Applicant identified Claims 1-8, 12, 15, 16, and 20-24 as reading on the elected species, with claims 9-11, 13, 14, 17-19 withdrawn. However, upon review of the claims, the Examiner determined that claims 15 and 16 were also drawn to the non-elected species, since both a neck and solar panel spacing flange are claimed, and these elements were not disclosed in the specification to be part of the elected species. Therefore, claims 9-11, and 13-19 are withdrawn.
Information Disclosure Statement
The information disclosure statement filed 1/14/2025 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. The information disclosure statement has been considered, with the exception of the two documents striked-through, that did not have the actual patent document included.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “112” in Figure 6 is not pointing to the upper surface of the frame, but is pointing to the solar panel surface instead.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-8, 12, 20-24 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 pre-AIA the applicant regards as the invention.
Regarding Claim 1:
-When defining the first body member, the phrase “further comprising at least one outwardly extending restraining member” is unclear. First, the term “further” is unclear since the structure of the first body member was not yet defined. Secondly, an “outwardly extending restraining member” was not an element defined in the elected species. Lastly, in claim 3, a “grounding tab” is claimed in addition to the restraining member. The grounding tab was alternatively disclosed to the restraining member of Figures 1-5 in the elected embodiment of Figures 6-10.
-The term “sufficient” in the second to last line of the claim is indefinite since the metes and bounds of the term cannot be determined. The Examiner suggests deleting the term.
Regarding Claim 3:
-A “grounding tab” is claimed, which is unclear since this is in addition to the restraining member claimed in Claim 1.
Regarding Claim 4:
-The phrase “a portion of a span” is indefinite.
Regarding Claims 5 and 6:
-There is no antecedent basis for “the multi-sided head”.
Regarding Claim 20:
-When defining the first body member, the phrase “further comprising at least one outwardly extending restraining member” is unclear. First, the term “further” is unclear since the structure of the first body member was not yet defined. Secondly, an “outwardly extending restraining member” was not an element defined in the elected species. A “grounding tab” is what is defined in the specification for the elected species.
-The term “sufficient” in the second to last line of the claim is indefinite since the metes and bounds of the term cannot be determined. The Examiner suggests deleting the term.
Allowable Subject Matter
Claims 1-8, 12, and 20-24 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Prior art has been listed in the PTO-892 form.
US 12,003,207 (Jasmin) and US 9,813,015 (Kapla et al.) teach a solar panel clamp that can be raised or lowered due to the rotation of a fastener for clamping the frame of the solar panel.
US 2016/0308486 (Atia et al.) teach an adjustable solar panel clamp and teaches a head 22 with an off-center hole.
US 5,076,525 (Whipple) teaches a hold-down bracket with first and second body portions, and the lower end of the first body portion having a hole for receiving a fastener to mount to a structural member.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to INGRID M WEINHOLD whose telephone number is (571)272-8822. The examiner can normally be reached on Monday-Tuesday 7:00am-5:00pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached on 571-272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/INGRID M WEINHOLD/
Primary Examiner, Art Unit 3632