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 .
DETAILED ACTION
Election/Restrictions
Claims 14-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected group, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 1/5/2026
Applicant's election with traverse of group 1, claims 1-13 and 16 in the reply filed on 1/5/2026 is acknowledged. The traversal is on the ground(s) that Groups 1 and 2 share unity and the scope of claim 14 is not narrowed. This is not found persuasive because Group 1-2 lack unity of invention because even though the inventions of these groups require the technical feature of “a photovoltaic module support, wherein the photovoltaic module support is a structural member formed by stamping and bending, and a support body provided with a reinforcing groove, and/or a reinforcing protrusion, and/or a hemming”, this technical feature is not a special technical feature as it does not make a contribution over the prior art in view of Durney (US Pub No. 2015/0007871).
Durney et al. teaches a photovoltaic module support [Fig. 1A-1C, 0020-0021], wherein the photovoltaic module support is a structural member formed by stamping and bending, and a support body provided with a reinforcing groove, and/or a reinforcing protrusion, and/or a hemming [0044]
The requirement is still deemed proper and is therefore made FINAL.
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, and 12-13 is/are rejected under 35 U.S.C. 102a1 and a2 as being anticipated by Durney (US Pub No. 2015/0007871).
Regarding Claim 1, 6, and 12-13, Durney et al. teaches a photovoltaic module support [Fig. 1A-1C, 0020-0021], wherein the photovoltaic module support is a structural member formed by stamping and bending [0047, 0044], and a support body provided with a reinforcing groove, and/or a reinforcing protrusion, [0044, the solar panel racks can be formed by bending sheet metal blanks into the desired shape; Flat sheet metal blanks from which these components are formed may be patterned, for example, with grooves].
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.
Claim(s) 1-7, 9-10, and 12-13, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Almogy (US Pub No. 2011/0271999)
Regarding Claim 1, Almogy et al. teaches a photovoltaic module support [340, Fig. 8, 0111], wherein a support body [entire structure of 340, Fig. 8, 0111], wherein the support body is provided with a reinforcing groove [See annotated figure below].
The solid line and dashed line are used to show the reinforcing groove, there are three more reinforcing groove on the right of the lines in the structure of 340. The dashed line part is to show the bottom part of the groove, the reinforcing groove is in a backward C shape.
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The limitation of “the photovoltaic module support is a structural member formed by stamping and bending, and” is considered a product by process. The cited prior art teaches all of the positively recited structure of the claimed apparatus or product. The determination of patentability is based upon the apparatus structure itself. The patentability of a product or apparatus does not depend on its method of production or formation. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. See In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) (see MPEP § 2113).
Regarding Claim 2, Almogy et al. is relied upon for the reasons given above, Almogy et al. teaches wherein the number of the reinforcing grooves is at least one, which is arranged at least one of bending corners of the support body [see annotated figure, part of the grooves are at the bending corners]
Regarding Claim 3, Almogy et al. is relied upon for the reasons given above, Almogy et al. teaches wherein the number of the reinforcing grooves is at least one, which is arranged at a non-bending corner area of the support body [see annotated figure, part of the grooves are at the non-bending corners]
Regarding Claim 4, Almogy et al. is relied upon for the reasons given above, Almogy et al. teaches wherein the number of the reinforcing protrusions is at least one, which is arranged at least one of bending corners of the support body [See annotated figure]
The solid line are used to show the reinforcing protrusion
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Regarding Claim 5, Almogy et al. is relied upon for the reasons given above, Almogy et al. teaches wherein the number of the reinforcing protrusions is at least one, which is arranged at a non-bending corner area of the support body [see annotated figure]
Regarding Claim 6, Almogy et al. is relied upon for the reasons given above, Almogy et al. teaches wherein the hemming comprises a limiting hemming fixedly connected with the support body, and the limiting hemming is configured for limiting a frame of a photovoltaic module [see annotated figure]
The circle is used to show the hemming
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Regarding Claim 7, Almogy et al. is relied upon for the reasons given above, Almogy et al. teaches wherein the support body comprises a first mounting plate fixedly connected with a photovoltaic module, a second mounting plate fixedly connected with a supporting member, and a connecting plate fixedly connecting the first mounting plate and the second mounting plate.
The circle is used to show the first and second mounting plate, and the rectangle is the connecting plate.
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Regarding Claim 9, Almogy et al. is relied upon for the reasons given above, Almogy et al. teaches wherein the first mounting plate and the second mounting plate are located at a same side of the connecting plate [see annotated figure in claim 7]
Regarding Claim 10, Almogy et al. is relied upon for the reasons given above, Almogy et al. teaches wherein the first mounting plate and the second mounting plate are located at two opposite sides of the connecting plate, respectively [see annotated figure in claim 7, although not directly on opposite sides, the first and second mounting plates are technically “on” both sides of the connecting plate, since they are part of the structure]
Regarding Claim 12, Almogy et al. is relied upon for the reasons given above, Almogy et al. teaches wherein the hemming comprises a reinforcing hemming fixedly connected with the support body, and the reinforcing hemming is located at a side portion of the support body [see rejection of claim 1]
Regarding Claim 13, Almogy et al. is relied upon for the reasons given above, Almogy et al. teaches wherein the reinforcing hemming has an opening and/or a welding portion that are located at least one of bending corners of the support body [see rejection of claim 1]
Regarding Claim 16, Almogy et al. is relied upon for the reasons given above, Almogy et al. teaches a photovoltaic power station, comprising: a supporting
assembly, and a photovoltaic module fixed to the supporting assembly, wherein the
supporting assembly is the photovoltaic module supporting assembly according to claim
1 [Fig. 20, 0182].
Allowable Subject Matter
Claims 8 and 11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Durney (US Pub No. 2015/0007871) and Almogy (US Pub No. 2011/0271999) are the closest prior art.
Durney et al. and Almogy et al. teaches limitations of the claims but does not disclose the limitations of “wherein the first mounting plate is provided with a first mounting hole for fixing the photovoltaic module , and/or the second mounting plate is provided with a second mounting hole for fixing the supporting member.” In claim 8, and “further comprising a third mounting plate for fixedly connecting with the supporting member, wherein the third mounting plate is fixedly connected with the first mounting plate by an auxiliary connecting plate.” in claim 11
These references, nor any other reference or combination of references in the prior art suggest or render obvious the limitations of “wherein the first mounting plate is provided with a first mounting hole for fixing the photovoltaic module , and/or the second mounting plate is provided with a second mounting hole for fixing the supporting member.” In claim 8, and “further comprising a third mounting plate for fixedly connecting with the supporting member, wherein the third mounting plate is fixedly connected with the first mounting plate by an auxiliary connecting plate.” in claim 11
Therefore; claim 1 is allowed once the limitations of claims 8 and 11 are incorporated into claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL Y SUN whose telephone number is (571)270-0557. The examiner can normally be reached 9AM-7PM.
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/MICHAEL Y SUN/ Primary Examiner, Art Unit 1728