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 .
Response to Arguments
Applicant's arguments filed 04/06/2026 have been fully considered but they are not persuasive.
Applicant argues that Schuit et al. (US 2017/0040928) does not teach a mounting wall configured for connection to the solar panel mounting system
The claimed limitation of a “solar panel mounting system” is taken to be only an intended use limitation (in claim 1) and therefore not required by the claim. As such, the mounting wall (vertical wall adjacent 130 on first side 110c – figure 43) must only be capable of and configured for connection to a solar panel mounting system. Since a roof is often used as a solar panel mounting “system” the device of Schuit et al. meets the claimed limitations. Further, the mounting wall, being part of the insertion rail that is itself supporting solar panels, is therefore connected to a solar panel mounting system. Claim 13 states a solar panel mounting system comprising…a mounting wall for connection to the solar panel mounting system, which reinforces the mounting wall merely may be a part of a solar panel mounting system, as is clearly disclosed be Schuit et al. The claim limitation of being “configured for connection” would include intermediary members/parts as it does not claim any specific direction contact connection.
Claim Rejections - 35 USC § 102
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.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Schuit et al. (US 2017/0040928).
Regarding claim 1, Schuit et al. (hereafter “D1”) discloses an insertion rail (10 – as in the embodiment of figure 37) for a solar panel mounting system (abstract), the insertion rail (10) comprising: a mounting wall (vertical wall adjacent 130 on first side 110c – figure 43) configured for connection to a solar panel mounting system (connected to system via footer 400 – figure 42), wherein the mounting wall is positioned at a lower end of a first side (at side 110C) of the insertion rail; a vertical leg (vertical wall adjacent 130 on opposite side at 110D) coupled to the mounting wall at at least one location (coupled via connecting ribs – figure 35A), wherein the vertical leg is positioned at a second side (at side 110D) of the insertion rail; at least one mating section (formed at a lower side by ledges 120, 122 and at upper side by clamp 200 – figure 43) located at an upper end of the insertion rail, wherein the mating section comprises: an upper tab (wings 220/222); and a lower tab (ledges 120/122); wherein the upper tab and lower tab are configured to receive and secure a solar panel integrally therewith using an interference fit ([0150, 0157-0158]).
Regarding claim 2, D1 discloses wherein the at least one mating section comprises a right mating section and a left mating section (at left and right side of rail in cross section – 120/220 of left mating section and 122/222 on right mating section – figure 43), wherein the right mating sections comprises a pair of right upper and lower tabs (122/222), and the left mating sections comprise a pair left upper and lower tabs (120/220), wherein the pair of right upper and lower tabs and the pair of left upper and lower tabs are configured to receive and secure consecutive solar panels of an array of solar panels ([0157-0158]).
Regarding claim 3, D1 discloses further comprising a center spine (at/surrounding passage 140 – figure 43) integrated vertically between the right mating section and left mating section, wherein the right mating section and the left mating section extend outwardly perpendicular from the center spine.
Regarding claim 4, D1 discloses wherein the mating sections (left/right side sections formed at a lower side by ledges 120, 122 and at upper side by clamp 200) are configured to be secured to a horizontal supporting member of a frame of the solar panel mounting system using one or more fasteners (solar panels 1-4 mounted in mating sections with use of clamp fastener 300 – [0149]).
Regarding claim 5, D1 discloses further comprising: an upper channel (in top side of 200) located at the upper end of the insertion rail, wherein the upper channel is formed by a top U-shaped member (clamp 200 – figure 43) that connects the right tab (222), left tab (220), and the center spine (at 140) at the upper end; a lower channel (at cavity 130) located at the lower end of the insertion rail, wherein the lower channel is formed by a bottom U-shaped member (formed by bottom, left, and right walls forming cavity 130) that connects the right tab (120), left tab (122), and the center spine (at 140) the lower end ([0148]); wherein the upper channel and lower channel provides reduced thermal convection between the consecutive solar panels (provides air gaps).
Regarding claim 6, D1 discloses wherein the vertical leg (vertical wall adjacent 130 on opposite side at 110D) comprises an inward angle portion (bottom of leg angles inward – figure 35A) positioned on a lower end of the vertical leg.
Regarding claim 7, D1 discloses further comprising a cleat (flange at 110A forming boundary of slots 112A/112B – figure 43), wherein the cleat connects the mounting wall and the vertical leg at a bottom portion of the insertion rail (integrally connected between mounting wall and vertical leg), and wherein the cleat is configured to connect or mate with the frame of the solar panel mounting system (connect to solar panel system by bracket 400).
Regarding claim 8, D1 discloses further comprising an upwardly bent hook (at bottom of 110A – figure 43) extending from the cleat.
Regarding claim 9, D1 discloses further comprising a center rib (between flanges 120/122 or at bottom of 130), wherein the center rib connects the mounting wall and the vertical leg at a middle portion of the insertion rail, and wherein the center rib provides additional structural support.
Regarding claim 10, D1 discloses wherein the upper tab (220/222) and lower tab (120/122) comprise respective mating surfaces that form a right guide rail and a left guide rail, respectively (guide rails are channel formed between and/or at members bounded by tabs and receiving solar panels – figure 43).
Regarding claim 11, D1 discloses wherein the tabs are formed of a flexible material (D1 discloses use of aluminum material) and are configured to receive solar panels of varying thickness (solar panel receiving area is size variable with fastener 300 and cleat 200).
Regarding claim 12, D1 discloses further comprising: at least one inner tab (formed by bottom of 200, tabs bent inward) disposed perpendicularly with relation to the vertical spine; a plurality of internal channels (channels formed above and below tabs – figure 43) formed by the at least one inner tab, wherein the internal channels provided to reduced thermal convection between the solar panels.
Regarding claims 13-20, see the discussion of claims 1-12 above and D1 further discloses a frame (formed by tracks 500) configured to support at least one solar panel; a plurality of mounting brackets (400) connected to the frame; and a plurality of support brackets (trim mounting bracket 620 – figure 47) connected to the frame.
Conclusion
THIS ACTION IS MADE FINAL. 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 PATRICK D HAWN whose telephone number is (571)270-5320. The examiner can normally be reached Monday - Friday 9-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at 5712728227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PATRICK D HAWN/Primary Examiner, Art Unit 3631
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