DETAILED ACTION
This is the final office action for 18/787,802, filed 7/29/2024, which is a continuation of 17/127,222, filed 12/18/2020.
Claims 21-40 are pending, and are considered herein.
In light of the claim amendments, the prior art rejections are withdrawn, the rejections under 35 U.S.C. 112(b) are withdrawn, and new grounds of rejection are presented.
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 .
Additional Prior Art
The Examiner wishes to apprise the Applicant of the following reference, which is not currently applied in a rejection.
U.S. Patent Application Publication 2009/0230265 A1: This reference teaches a solar module clamping system with a pivotable base and rotatable top clamp structures (Fig. 1).
Claim Objections
Claim 36 is objected to because of the following informalities: Claim 36 recites “second end rest portion.” It is the Examiner’s position that this limitation should read “second end of the rest portion.” Appropriate correction is required.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claims 21-31 and 35-40 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Almy, et al. (U.S. Patent Application Publication 2017/0310273 A1).
In reference to Claim 21, Almy teaches a clamping system configured to clamp a photovoltaic module (Figs. 1-3, paragraphs [0024]-[0056]).
The system of Almy comprises a bar 200 that is elongated (Fig. 2, paragraphs [0035]-[0043]).
The system of Almy comprises a first clamp 100 disposed on a first end of the bar 200 and a second clamp 100 disposed on a second end of the bar 200 opposite the first end (Fig. 3, paragraph [0044]). Details of the clamps are given in Fig. 1 and details of the installation of the clamps are given in Figs. 3D-H.
Almy teaches that each of the first clamp 100 and the second clamp 100 includes a rest portion 102 that is pivotable about an axis extending in a direction of elongation of the bar (i.e. in the long axis of the bar 200, Fig. 3D-H, paragraphs [0049]-[0056]).
Almy teaches that each of the first clamp 100 and the second clamp 100 includes a clasp portion (i.e. one of the hooks 104 or 106), rotatably attached to a surface of the rest portion 102 so as to be rotatable adjacent the surface of the rest portion 102 (Fig. 3D-H, paragraphs [0049]-[0056]).
In reference to Claim 22, Almy teaches that the rest portion 102 of each of the clamps 100 includes a main surface (corresponding to the narrow planar surface connecting the two flanges of item 125, as indicated in the inset below) extending in a direction transverse to the direction of elongation of the bar (i.e. transverse to the long axis of the bar 200 in some configurations, Fig. 3).
Almy further teaches that the rest portion 102 of the each clamp includes a flange 108 (Fig. 1C) extending away from an end of the main surface of the rest portion 102, in a direction transverse to (i.e. crossing) the direction of elongation of the bar 200 (Figs. 1A and 3H).
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In reference to Claim 23, Almy teaches that the rest portion 102 of each clamp 100 is pivotable between: a first position in which the main surface of the rest portion 102 (indicated in the inset above, shown in Figs. 1A and 3D-3H) extends in a direction transverse to a planar surface of the bar 200 (i.e. in the configuration shown in Fig. 3F) and a second position in which the main surface of the rest portion extends in a direction parallel to the planar surface of the bar (i.e. in Fig. 3H). This is described in paragraphs [0048]-[0055].
In reference to Claim 24, Almy teaches that the system further comprises a fastener attached to an end of the rest portion of each of the clamps. This “fastener” corresponds to the “retainer tabs” 150 for each of items 104 or 106 that are taught to prevent items 104 or 106 from being pulled through the apertures in the rest portion (Fig. 1B, paragraph [0028]).
Almy teaches that this fastener is positioned to secure the clasp portion 104 or 106 of each respective clamp in a fixed orientation with respect to the rest portion of the respective clamp, i.e. in the fixed position of not permitting the items 104 or 106 to be pulled through the apertures in the rest portion (paragraph [0028]).
Alternatively, Almy teaches that this fastener 150 is positioned to secure the clasp portion 104 or 106 of each respective clamp in a fixed orientation with respect to the rest portion of the respective clamp, during the assembly of the clamp onto the solar modules, e.g. in the secured position shown in Fig. 3H.
In reference to Claim 25, Almy teaches that the bar 200 includes a first side to which the first clamp and second clamp are attached, i.e. a top side (Figs. 2-3).
Almy further teaches that the bar 200 further comprises a second side (i.e. a bottom side) including a pair of bracket members (indicated in the inset below) extending away from the bar and spaced apart such that a gap exists therebetween, the gap being sized to accommodate a rail (i.e. torque tube 304) therein (Figs. 2-3A, paragraph [0039]).
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In reference to Claim 26, Almy teaches that an aperture 232 extends through the bar 200 and is aligned with the gap between the pair of bracket members, the aperture being sized to accommodate a fastener therein (i.e. the fastener taught to be disposed in holes 242 (Fig. 2, paragraphs [0039]-[0040]).
In reference to Claim 27, Almy teaches that the clamping system further comprises a first pair of attachment arms extending away from the bar to which the first clamp is attached (corresponding to the arms 206 to which one clamp is attached, Figs. 2 and 3D-H, paragraphs [0036]-[0038], [0045], and [0047]-[0049]), and a second pair of attachment arms extending away from the bar to which the second clamp is attached (corresponding to the arms 206 to which the other clamp is attached, Figs. 2 and 3D-H, paragraphs [0036]-[0038], [0045], and [0047]-[0049]).
In reference to Claim 28, Almy teaches that the rest portion 102 of each clamp includes a rest main body 110 having a length dimension (Fig. 1C, paragraphs [0024]-[0025]), and a rest flange 108 that extends away from the rest main body (Fig. 1C, paragraphs [0024]-[0025]).
Almy further teaches that the clasp portion 104 or 106 of each clamp includes a clasp main body 162/164 or 142/146 having a length dimension (Fig. 1A, paragraphs [0028]-[0031]).
Almy further teaches that the clasp portion 104 or 106 of each clamp includes a clasp flange 174 or 156 extending away from the clasp main body (Fig. 1A, paragraphs [0028]-[0031]).
Almy further teaches that the clamping system further includes a fastener 150 extending through the rest flange (Fig. 1B, paragraph [0028]) such that, when the length dimension of the clasp portion 104 or 106 is aligned with the length dimension of the rest portion of the respective first clamp or second clamp, the fastener is extendable to prevent rotation of the clasp portion (i.e. able to be placed in a position that prevents rotation of the clasp portion, e.g. in the configuration shown in Fig. 3H, which is a “locked” position, paragraphs [0048] and [0053]-[0054]).
In reference to Claim 29, Almy teaches a clamping system configured to clamp a photovoltaic module (Figs. 1-3, paragraphs [0024]-[0056]).
The clamping system of Almy comprises a clamp 100 including a rest portion 102 that is pivotable about a first axis (Figs. 3D-H, paragraphs [0049]-[0055]).
Almy further teaches that the clamp 100 comprises a clasp portion 104 rotatably attached to a surface of the rest portion so as to be rotatable about a second axis on the surface of the rest portion (paragraphs [0032]-[0033] and Figs. 3D-H, paragraphs [0049]-[0055]).
The clamping system of Almy comprises a bar 200 that is elongated (Fig. 2, paragraphs [0035]-[0040]).
Almy teaches that the bar 200 has a first side to which the clamp 100 attaches (i.e. a top side, Figs. 2-3).
Almy teaches that the bar 200 comprises a second side (i.e. a bottom side) including a bracket (indicated in the inset below) having a gap sized to accommodate a rail (i.e. torque tube 304) therein (Figs. 2-3A, paragraph [0039]).
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In reference to Claim 30, Almy teaches that the clamp 100 is a first clamp and is disposed on a first end of the bar 200, and wherein the clamping system further comprises a second clamp 100 disposed on a second end of the bar opposite the first end of the bar (Fig. 3A).
In reference to Claim 31, Almy teaches that the rest portion 102 includes an elongated aperture 112, and wherein the second axis extends through the elongated aperture (Figs. 3D-H), and the clasp portion 104 is slidable along the elongated aperture (Figs. 3D-H).
In reference to Claim 35, Almy teaches a clamping system configured to clamp a photovoltaic module (Figs. 1-3, paragraphs [0024]-[0056]).
The clamping system comprises an elongated bar 200 (Fig. 2, paragraphs [0035]-[0043]).
The system comprises a rest portion (corresponding to region 102 of Claim 100) attached to the elongated bar 200 such that the rest portion 100 is movable between a first position in which the rest portion 102 extends longitudinally in a vertical direction with respect to a surface of the elongated bar 200 (Fig. 3F) and a second position in which the rest portion extends longitudinally in a horizontal direction with respect to a surface of the elongated bar 200 (Fig. 3H). This is further described in Figs. 3D-H (paragraphs [0049]-[0056]).
The clamping system comprises a clasp portion 104 rotatably attached to the rest portion 102 such that the clasp portion 104 rotates in a plane about an axis that extends transverse to a surface of the rest portion 102 (i.e. around the axis formed by the connection of the clasp portion 104 to the hole 112, which extends transverse to the outer surface of the rest portion 102). This rotation is shown in Figs. 3D-H (paragraphs [0049]-[0056]).
In reference to Claim 36, the inset below teaches that the rest portion 102 includes a first flange extending from a first end of the rest portion and a second flange extending from a second end of the rest portion, as shown in the inset below.
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In reference to Claim 37, the inset under the rejection of Claim 36 above teaches that the second flange includes an aperture sized to fit a fastener (corresponding to the portion of the clasp 104 that extends through opening 112).
Almy further teaches that the clasp portion 104 is lockable with respect to the rest portion, because the entire clamp is taught to be able to be disposed into a locked configuration (paragraphs [0054]-[0055]).
In reference to Claim 38, Almy teaches that the rest portion 102 is a first rest portion attached to a first end of the elongated bar 200, and the clasp portion 104 is a first clasp portion attached to the first rest portion (Figs. 1A and 3A).
Almy further teaches that the clamping system further comprises a second clamp 100 disposed on a second end of the elongated bar 200 (Fig. 3A).
This disclosure teaches that the clamping system further comprises a second rest portion 102 attached to a second end of the elongated bar 200, and a second clasp portion 104 attached to the second rest portion 102 (Figs. 1A and 3A).
In reference to Claim 39, Almy teaches that the elongated bar 200 further comprises a first pair of attachment arms extending away from the bar to which the first rest portion 102 is attached (corresponding to the arms 206 to which one clamp is attached, Figs. 2 and 3D-H, paragraphs [0036]-[0038], [0045], and [0047]-[0049]), and a second pair of attachment arms extending away from the bar to which the second rest portion 102 is attached (corresponding to the arms 206 to which the other clamp is attached, Figs. 2 and 3D-H, paragraphs [0036]-[0038], [0045], and [0047]-[0049]).
In reference to Claim 40, Almy teaches that the clasp portion 104 is rotatable between a latched position in which the clasp portion 104 extends elongatedly with a direction of elongation of the elongated bar (i.e. along the width direction of the elongated bar, as shown in Fig. 3H) and an unlatched position in which the clasp portion 104 extends elongatedly transverse to the direction of elongation of the elongated bar 200 (i.e. in Fig. 3D, paragraphs [0049]-[0055]).
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 32-34 are rejected under 35 U.S.C. 103 as being unpatentable over Almy, et al. (U.S. Patent Application Publication 2017/0310273 A1), in view of Prakash, et al. (U.S. Patent Application Publication 2017/0338768 A1), and Poulakis (U.S. Patent Application Publication 2014/0246077 A1).
In reference to Claim 32, Almy does not teach that the rest portion comprises a bottom surface including webbing extending therefrom, or a sleeve connected to the webbing and extending in a direction of a width dimension of the rest portion, which is transverse to a direction of a length dimension of the rest portion, the sleeve being aligned with the first axis of the clamp.
To solve the same problem of providing a clamping structure for a solar panel, Prakash teaches a clamp structure for a solar panel in which a clamp comprises a web structure (i.e. a thickened region 230, Figs. 11-12, referred to by Prakash as a “web,” paragraph [0050]), to achieve the taught benefits of resisting strains and stresses acting on the solar panel (paragraph [0050]).
Therefore, absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art at the time the instant invention was filed to have added the web structure of Prakash to any/all surfaces of the rest portion 102, including the bottom surface thereof, to realize the taught benefits of resisting strains and stresses acting on the solar panel.
Adding the web structure of Prakash to any/all surfaces of the rest portion 102, including the bottom surface thereof, teaches the limitations of Claim 32, wherein the rest portion 102 comprises a bottom surface including webbing extending therefrom.
To solve the same problem of providing a clamping structure for a solar panel, Poulakis teaches that adding a sunproof and weatherproof coating to clamping structures for solar panels provides the benefit of protecting the clamp structures from sun and weather (paragraph [0022]).
Therefore, absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art at the time the instant invention was filed to have added the sunproof and weatherproof coating layer taught by Poulakis to all of the components of the clamping structure of Almy, to realize the taught benefit of protecting the clamp structures from sun and weather (Poulakis, paragraph [0022]).
Adding the sunproof and weatherproof coating layer taught by Poulakis to all of the components of the clamping structure of Almy teaches the limitations of Claim 32, wherein the clamping system comprises a sleeve (i.e. coating) connected to the webbing and extending in a direction of a width dimension of the rest portion, which is transverse to a direction of a length dimension of the rest portion, the sleeve being aligned with the first axis of the clamp.
In reference to Claim 33, Almy teaches that the clamping system further comprises a pair of attachment arms extending away from the bar (corresponding to the arms 206 to which one clamp is attached, Figs. 2 and 3D-H, paragraphs [0036]-[0038], [0045], and [0047]-[0049]).
Almy further teaches that the clamp 100 is attached to the pair of attachment arms 206 via a fastener, corresponding to the “retainer tabs” 150 for 104 (Fig. 1B, paragraph [0028]).
Because all of the clamp components are taught to be coated with the sunproof and weatherproof coating (as described in the rejection of Claim 32 above), the fastener 150 extends through the sleeve of the clamp, because it is also coated with the “sleeve” coating.
In reference to Claim 34, Almy teaches that the rest portion 102 further includes a main surface extending in a first plane (indicated in the inset below).
Figs. 3D-3H of Almy teach that, when the clamp 100 is pivoted about the first axis, the first plane extends: in a first pivot position, parallel with the first side of the bar (Fig. 3H), and in a second pivot position, transverse to the first side of the bar (Fig. 3D).
Because the “bottom surface” and “main surface” of Almy are the same, modified Almy teaches that the bottom/main surface (as indicated in the inset below) comprises the webbing, described fully in the rejection of Claim 32 above.
Therefore, the inset below teaches that the rest portion 102 further comprises a flat surface protruding from the webbing, indicated in the inset below.
The inset below further teaches that the flat surface extends in a second plane that extends transverse to the first plane of the main surface.
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Response to Arguments
Applicant’s arguments with respect to the prior art rejections of the claims and rejections under 35 U.S.C. 112(b) have been fully considered and are persuasive. Therefore, these rejections have been withdrawn. However, upon further consideration, new prior art rejections are presented herein..
Conclusion
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 SADIE WHITE whose telephone number is (571)272-3245. The examiner can normally be reached 6am-2:30pm ET.
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/SADIE WHITE/Primary Examiner, Art Unit 1721
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