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 .
Amendment filed 7/14/2026 has been entered. Claims 1-3, 5-6, 8-10, 12-13, 15-17 and 19-20 remain pending in the present application.
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.
Claims 1, 3, 5-6, 15, 17 and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Taylor US 499608 (hereinafter Taylor).
Re. Cl. 1, Taylor discloses: A photovoltaic module cable clip (Fig. 4), comprising: a first portion (5s and 7s, Fig. 4) that is configured to fasten to a flange of a frame of a photovoltaic module (see Fig. 4, configured to fasten to a flange as claimed in the intended use limitation via 5/7 pressing on the flange or by a fastener passing through 7 and into the flange for instance); a second portion (horizontal portion where a is and 2, Fig. 4) that is configured to fasten to an outside wall of the frame of the photovoltaic module (see Fig. 4, by having 2 curve upwards, it is configured to fasten to an outside wall of a frame of a PV module) wherein the second portion is further configured to fasten to and extend along a bottom surface of the frame between the outside wall and the first portion (see Fig. 4, the device is configured to be used in the claimed intended use due to the shape of the portions forming a and 2); and a third portion (b, Fig. 4) that extends vertically from the first portion and the second portion that is configured to accommodate a cable (see Fig. 4, configured to accommodate a cable due to its curved shape); wherein the third portion comprises two arc hooks (see b’s Fig. 4) each extending from the first portion along an arc path to an apex (free end of b, Fig. 4) and extending back along the path to the second portion (see Fig. 4).
Re. Cl. 15, Taylor discloses: A method of forming photovoltaic module cable clip (Fig. 4), comprising: forming a first portion (5s and 7s, Fig. 4) that is configured to fasten to a flange of a frame of a photovoltaic module (see Fig. 4, configured to fasten to a flange as claimed in the claimed intended use via 5,7 pressing on the flange or having a fastener passing through 7 and into the flange for instance); forming a second portion (horizontal portions forming a and 2, Fig. 4) that is configured to fasten to an outside wall of the frame of the photovoltaic module (see Fig. 4, configured to fasten to an outside wall due to the upward curve of 2) wherein the second portion is further configured to fasten to and extend along a bottom surface of the frame between the outside wall and the first portion (see Fig. 4, configured to be used as claimed in the intended use language due to the flat portions forming a); and forming a third portion (b, Fig. 4) that extends vertically from the first portion and the second portion (see Fig. 4) that is configured to accommodate a cable (see Fig. 4, b is configured to accommodate a cable due to its curved shape); wherein the third portion comprises two arc hooks (see b’s Fig. 4) each extending from the first portion along an arc path to an apex (see free ends of b, Fig. 4) and extending back along the path to the second portion (see Fig. 4).
Re. Cls. 3 and 17, Taylor discloses: the second portion is configured to extend vertically up the outside wall of the frame of the photovoltaic module (see Fig. 4, configured to extend vertically due to the upward curve of 2).
Re. Cls. 5 and 19, Taylor discloses: wherein the third portion is configured to partially surround the cable (see Fig. 5, configured to partially surround a cable due to its curved shape).
Re. Cls. 6 and 20, Taylor discloses: wherein the third portion includes a plurality of components that are configured to partially surround the cable (see Fig. 4, having the double wire structure as shown).
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.
Claims 2 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Taylor in view of Curvin US 5957238 (hereinafter Curvin).
Re. Cls. 2 and 16, Taylor discloses that 5,7 is vertically extending configured to contact a single side of the PV module and therefore does not disclose the first portion is configured to contact three sides of the flange of the photovoltaic module. Curvin disclose an alternate clip structure (Fig. 1) which includes a first portion (left portion of 54, 60, 62, Fig. 3), a second portion (56 and right portion of 54, Fig. 3) and a third portion (18, Fig. 3). Re. Cls. 2 and 16, Curvin discloses the first portion is configured to contact three sides of the flange of the photovoltaic module (see Fig. 2-3, via left part of 54, 60 and 62, contacting three sides of the ladder top).
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 first portion of Taylor to contact three sides of a supporting frame as disclosed by Curvin with reasonable expectation of success to provide an alternate manner of attaching to a support structure. Further, Curvin discloses that such a modification would enable for releasably hooking on the supporting structure (Col. 2, Lines 7-10) which would be particularly useful in supporting the clip/hook onto shelves, boards, or other flat horizontal surfaces.
Allowable Subject Matter
Claims 8-10 and 12-13 are allowable over the prior art of record.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3, 5-6, 15-17 and 19-20 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Baynard US 2024/0063618, Cemashko US 3036801, Grushkowitz US 2012/0192925, and Kovalov US 8974245 disclose other known wire clips for photovoltaic modules presented to the Applicant for their consideration.
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 CHRISTOPHER E GARFT whose telephone number is (571)270-1171. The examiner can normally be reached Monday-Friday 8:00 a.m. to 5:00 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached at (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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/CHRISTOPHER GARFT/Primary Examiner, Art Unit 3632