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 .
Status of the Application
Claims 1-15 are pending and have been examined in this application. This communication is the first action on the merits. As of the date of this application, the Information Disclosure Statement(s) (IDS) filed on 06/20/2024 and 07/09/2024 has/have been taken into account.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claims 1-15 are objected to because of the following informalities:
The preamble of claim 1 should read “A carrying arrangement” and the preamble of claims 2-15 should read “The carrying arrangement” (emphasis added).
Claim 5 recites “a predeterminable length”. This should read “a predetermined length” (emphasis added).
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 11-12 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 11 recites “the holding member and the bolt member extending substantially parallel to one another” however the specification states: “[0050]… it can be seen that the holding member 62 and the bolt member 64 are formed mutually collinear” (emphasis added). As such, the specification does not describe substantially parallel holding and bolt members and the claims fail to comply with the written description requirement.
Claim 12 is rejected as being dependent on, and failing to cure the deficiencies of, rejected claim 11.
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 7 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 7 recites the limitation "the corner regions" in line 4. There is insufficient antecedent basis for this limitation in the claim.
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.
Claims 1-7 and 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over Koller (US 2012/0079781) in view of Doreau (WO 2011/148107).
In regards to Claim 1, Koller discloses a carrying arrangement provided and set up to support solar modules spaced apart from a surface covered with said solar modules, having at least two carrier channel profiles (Koller: Fig. 1-3; 2), which extend mutually parallel and are each provided with a carrier bar (Koller: Fig. 1-3; 3-6), which in turn has a first longitudinal face and a second longitudinal face in each case, a plurality of solar modules (Koller: Fig. 2-3; 11, 12) being provided between the carrier bars of the at least two carrier channel profiles and lying side by side along their longitudinal faces in the use position, having a plurality of rung parts (Koller: Fig. 1-3; 22), which each extend between the at least two parallel carrier channel profiles and at least indirectly support frame pieces of two adjacent solar modules, having a plurality of holding elements (Koller: Fig. 1-3; 21), which are held and supported detachably connectable to a first longitudinal face of the carrier bar of a first of the at least two carrier channel profiles, and having a plurality of locking elements (Koller: Fig. 1-3, 7-8; 7), a second end of one of the rung parts facing the second longitudinal face of a carrier bar of a second of the at least two carrier channel profiles, each of the locking elements being set up to be connected to the second longitudinal face of the carrier bar, in such a way that the ends of the solar modules facing the second carrier channel profile are held and locked together with the end of the rung parts on the carrier bar of the second carrier channel profile.
Koller fails to disclose an associated rung part receiving at its first end, in an engagement portion, a free end of a holding element at the end face, and having a plurality of locking elements, which are each arrangeable or arranged on a second end of one of the rung parts, said end facing the second longitudinal face of a carrier bar of a second of the at least two carrier channel profiles, each of the locking elements being set up to be movable along its longitudinal extension in a guide on the second end of the associated rung part and to be connected to the second longitudinal face of the carrier bar of the second carrier channel profile by displacement along the guide. However, Doreau teaches an associated rung part (Doreau: Fig. 13; 151) receiving at its first end, in an engagement portion, a free end (Doreau: Fig. 10; 271a, 271b) of a first element (Doreau: Fig. 10; 250) at the end face, and having a plurality of second elements (Doreau: Fig. 10; 250 – opposite end), which are each arrangeable or arranged on a second end of one of the rung parts, said end facing the second longitudinal face of a carrier bar of a second of the at least two carrier channel profiles, each of the locking elements being set up to be movable along its longitudinal extension in a guide (Doreau: Fig. 8; 182a, 182b, 183a, 183b, d) on the second end of the associated rung part and to be connected to the second longitudinal face of the carrier bar of the second carrier channel profile by displacement along the guide.
Koller and Doreau are analogous because they are from the same field of endeavor or a similar problem solving area e.g. support rails. 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 holding and locking elements and rungs in Koller with the transverse attachment from Doreau, with a reasonable expectation of success, in order to provide a means of securing elements to the rungs such that the elements are held in place with respect to the rungs, thereby preventing unwanted shifting prior to securing the panels (Doreau: Pg. 7, Ln. 6-28).
In regards to Claim 2, Koller, as modified, teaches the carrying arrangement according to claim 1, wherein the first longitudinal face and second longitudinal face of the carrier bars (Koller: Fig. 1-3; 3-6) of the at least two carrier channel profiles differ and the at least two carrier channel profiles are each provided with a base (Koller: Fig. 1-2; 19) from which the carrier bar in question projects.
In regards to Claim 3, Koller, as modified, teaches the carrying arrangement according to claim 1, wherein longitudinal faces of the carrier channel profiles are formed mutually spaced apart in each case and connected at their upper and lower ends by the carrier channel profile base (Koller: Fig. 1-3; 3-6) and a roof piece (Koller: Fig. 1-3; flange of 6) in each case, forming a cavity on the carrier channel profile in each case.
In regards to Claim 4, Koller, as modified, teaches the carrying arrangement according to claim 2, wherein the base of the at least two carrier channel profiles has, on each longitudinal face of the associated carrier bar, a support element (Koller: Fig. 1-3; 3-5) which projects from the base and the free end of which carries an end region of a rung part .
In regards to Claim 5, Koller, as modified, teaches the carrying arrangement according to claim 1, wherein the rung parts (Koller: Fig. 1-3; 22) have a predeterminable length and an upwardly open cross section, in particular a C- or U-shaped cross section, in which the frame pieces of the adjacent solar modules (Koller: Fig. 2-3; 11, 12) engage in each case.
In regards to Claim 6, Koller, as modified, teaches the carrying arrangement according to claim 1, wherein each rung part is assigned at least one spacer (Koller: Fig. 6; 31), which is detachably received in the cross section of the rung part and forms a support for the frame pieces of the solar modules.
In regards to Claim 7, Koller, as modified, teaches the carrying arrangement according to claim 1, wherein each holding element (Koller: Fig. 1-3; 21) has a receptacle approximately C-shaped in cross section and having a receiving base arranged parallel to the carrier bar, said receptacle engaging around the corner regions of two adjacent solar modules from at least two sides. [Note: When modified to connect to a rung end, the holding element will sit around the corner regions of two adjacent solar modules.]
In regards to Claim 11, Koller, as modified, teaches the carrying arrangement according to claim 1, wherein the locking elements (Koller: Fig. 1-3, 7-8; 7) are provided with a holding member (Koller: Fig. 1-3, 7-8; 7 – upper half), a bolt member (Koller: Fig. 1-3, 7-8; 7 – lower half) and a guide member (Doreau: Fig. 10; 271a, 271b) as multiple members, the holding member and the bolt member extending substantially parallel to one another and to the second longitudinal face of the carrier bar, whilst the guide member projects transverse thereto towards the rung part. [Note: As the holding and bolt members of the locking elements of the instant application are merely upper and lower halves of a portion of the member, the cited halves of Koller read on the limitations.]
In regards to Claim 12, Koller, as modified, teaches the carrying arrangement according to claim 11, wherein, while the locking element (Koller: Fig. 1-3, 7-8; 7) is locked by moving along the associated rung part with its free end, the bolt member (Koller: Fig. 1-3, 7-8; 7 – lower half) of the locking element is set up to overcome a change in cross section (Koller: Fig. 7-8; 34) of the second longitudinal face, which blocks a subsequent reverse movement of the locking clement.
In regards to Claim 13, Koller, as modified, teaches the carrying arrangement according to claim 1, wherein the carrier channel profiles (Koller: Fig. 1-3; 2) are each connectable or connected to a structural element of a roof structure.
In regards to Claim 14, Koller, as modified, teaches the carrying arrangement according to claim 1, wherein the carrying arrangement has a number n of mutually parallel carrier channel profiles (Koller: Fig. 1-3; 2), n being a natural number ≥ 2, and/or the carrying arrangement is continuable or continued in the extension direction of the carrier channel profiles (20, 30) by arranging a plurality of carrier channel profiles (20,30) in succession (Koller: [0005]).
In regards to Claim 15, Koller, as modified, teaches the carrying arrangement according to claim 1, wherein the carrier channel profiles (Koller: Fig. 1-3; 2) are provided to arrange the solar modules of the carrying arrangement relative to one another in such a way that the solar modules all form surface pieces of the same plane or curved surface (Koller: Fig. 2-3).
Allowable Subject Matter
Claims 8-10 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for cited references.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Taylor Morris whose telephone number is (571)272-6367. The examiner can normally be reached M-F: 10AM-6PM PST / 1PM-9PM EST.
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/Taylor Morris/Primary Examiner, Art Unit 3631
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