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 .
This non-final Office action is in response to Applicant’s patent application number 18/796,571 filed on 8/7/2024.
Currently, claims 1-20 are pending and examined.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 11/19/2025; 6/24/2025; 4/17/2025 are being considered by the examiner.
Claim Objections
Claim 20 is objected to because of the following informalities: on line 9, a phrase “within the first bore” should be read -- within the second bore --. Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
Claims 18-20 are 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.
Re claims 18, 20; line 1; a claimed preamble cites “A method comprising the steps of” is confusing and indefinite because it’s unclear what is “A method” about; and “the steps” does not have a proper antecedent basis. Correction is required. Claim 19 depending upon the rejected claim 18 is also rejected.
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.
Claim(s) 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US No. 2013/0048582 to Kruse (‘582’).
Re claim 18: Kruse (‘582’) discloses a method comprising the steps of: placing a distal end 108 of a first split tube subterranean leg 106 within a first bore (i.e. wherein 106 is being inserted) beneath a ground surface 212 and placing cement (par. [0032]) within the first bore beneath the ground surface 212, wherein the first split tube subterranean leg 106 is placed within the first bore such that a first frame connection member (i.e. wherein 110 points to) at a proximal end of the first split tube subterranean leg 106 is above the ground surface 212; placing a distal end 116 of a second split tube subterranean leg 114 within a second bore (i.e. wherein 114 is being inserted) beneath the ground surface 212 and placing cement (par. [0032]) within the second bore beneath the ground surface 212, wherein the second split tube subterranean leg 114 is placed within the second bore such that a second frame connection member (i.e. wherein 118 points to) at a proximal end 118 of the second split tube subterranean leg 114 is above the ground surface 212; coupling a first leg of a solar module A-frame support 112 to the first frame connection member at the proximal end 110 of the first split tube subterranean leg 106; and coupling a second leg of the solar module A-frame support 120 to the second frame connection member at the proximal end 118 of the second split tube subterranean leg 114.
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.
Claim(s) 1-13, 15-17, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over US No. 2013/0048582 to Kruse (‘582’) in view of US No. 8,920,077 to Kruse (‘077’).
Re claims 1, 2, 4, 5, 9: Kruse (‘582’) discloses a solar module support and foundation system (Fig. 2) comprising: a first foundation 202 inherently comprising: a first bore (i.e. wherein 108 coupled to) extending a depth below a ground surface 212, and a first concrete foundation (par. [0062]) within the first bore; a second foundation 204 comprising: a second bore (i.e. wherein 116 coupled to) extending a depth below the ground surface 212, and a second concrete foundation (par. [0062]) within the second bore; and a solar module A-frame support comprising: a first leg 106 having a first leg proximal end 110 and a first leg distal end 108; and a second leg 114 having a second leg proximal end 118 and a second leg distal end 116, the second leg distal end nested within the second concrete foundation at each of the second concrete foundation stem portion and the second concrete foundation reamed bulb portion. Kruse (‘582’) discloses basic structures of the claimed invention as stated but does not disclose expressly the first and second concrete foundations, each comprising a concrete foundation stem portion and a concrete foundation reamed bulb portion, the concrete foundation reamed bulb portion having a greater width than the concrete foundation stem portion; and the first leg distal end and the second leg distal end nested within the concrete foundation at each of the first and the second concrete foundation stem portion and the first and second concrete foundation reamed bulb portion; and wherein the first concrete foundation reamed bulb portion is embedded below the ground surface adjacent the ground surface and the first concrete foundation stem portion is embedded below the ground surface below the first concrete foundation bulb portion. Kruse (‘077) discloses post tensioned foundations apparatus, including a concrete foundation (Fig. 1B) comprising a stem portion (i.e. a narrow portion), a reamed bulb portion (i.e. a wider portion) and a leg 104 is nested within the stem and reamed bulb portions; and wherein the first concrete foundation reamed bulb portion is embedded below the ground surface 114 adjacent the ground surface 114 and the first concrete foundation stem portion is embedded below the ground surface 114 below the first concrete foundation bulb portion. In view of Kruse (‘077’), it would have been obvious to one with ordinary skill before the effective filing date of the claimed invention to provide concrete foundations with a stem and reamed bulb portions surrounding the legs as suggested by Kruse (‘077’) in order to enhance a stronger bonding between the legs and concrete materials; therefore, providing more structural support for the legs.
Re claim 3: Kruse (‘582’) discloses basic structures of the claimed invention as stated above but does not disclose expressly wherein a width of the first concrete foundation bulb portion is at least twice as large as a width of the first concrete foundation stem portion. Kruse (‘077) discloses post tensioned foundations apparatus, including a concrete foundation (Fig. 1B) comprising a stem portion (i.e. a narrow portion), a reamed bulb portion (i.e. a wider portion) and a leg 104 is nested within the stem and reamed bulb portions; and wherein a width of the concrete foundation bulb portion (i.e. tower distal end of the foundation or near 126, Fig. 1B) is at least twice as large as a width of the concrete foundation stem portion (i.e. near 104). In view of Kruse (‘077’), it would have been obvious to one with ordinary skill before the effective filing date of the claimed invention to provide concrete foundations with a stem and reamed bulb portions surrounding the legs and the width of the bulb is at least twice as the width of the stem portion as suggested by Kruse (‘077’) in order to enhance more integrity and stronger support for the leg near the distal portion.
Re claims 6, 7, 8: Kruse (‘582’) discloses basic structures of the claimed invention as stated above but does not disclose expressly wherein the first concrete foundation stem portion bounds the first concrete foundation bulb portion such that the first concrete foundation stem portion is at each of opposite longitudinal end portions of the first concrete foundation and the first concrete foundation bulb portion is spaced apart from each of the opposite longitudinal end portions of the first concrete foundation; wherein the first concrete foundation bulb portion is spaced apart a different distance from each of the opposite longitudinal end portions of the first concrete foundation; wherein the first concrete foundation bulb portion is spaced apart from a distal longitudinal end portion of the first concrete foundation a distance equal to at least half of a width of the first concrete foundation stem portion. Kruse (‘077) discloses post tensioned foundations apparatus, including a concrete foundation (Fig. 1B) comprising a stem portion (i.e. a narrow portion), a reamed bulb portion (i.e. a wider portion) and a leg 104 is nested within the stem and reamed bulb portions; and wherein a width of the concrete foundation bulb portion (i.e. tower distal end of the foundation or near 126, Fig. 1B) is at least twice as large as a width of the concrete foundation stem portion (i.e. near 104); wherein the concrete foundation stem portion (near 104) bounds the concrete foundation bulb portion (near 106) such that the concrete foundation stem portion is at each of opposite longitudinal end portions of the first concrete foundation and the concrete foundation bulb portion is spaced apart from each of the opposite longitudinal end portions of the concrete foundation (Fig. 1A); wherein the concrete foundation bulb portion (near 106) is spaced apart a different distance from each of the opposite longitudinal end portions of the concrete foundation; wherein the concrete foundation bulb portion is spaced apart from a distal longitudinal end portion of the concrete foundation a distance equal to at least half of a width of the concrete foundation stem portion. In view of Kruse (‘077’), it would have been obvious to one with ordinary skill before the effective filing date of the claimed invention to provide concrete foundations with a stem and reamed bulb portions surrounding the legs and the width of the bulb is at least twice as the width of the stem portion or wherein the concrete foundation bulb portion is spaced apart from a distal longitudinal end portion of the concrete foundation a distance equal to at least half of a width of the concrete foundation stem portion as suggested by Kruse (‘077’) in order to enhance more integrity and stronger support for the leg near the distal portion.
Re claims 10, 11: Kruse (‘582’) in view of Kruse (‘077’) disclose basic structures of the claimed invention as stated above but do not disclose expressly wherein the first and second concrete foundation reamed bulb portions comprise a polygonal cross-sectional shape, and wherein a first radial surface at a first side of the polygonal cross-sectional shape of the first and second concrete foundation reamed bulb portions comprises a first skewed surface relative to a central longitudinal axis of the first concrete foundation. However, it would have been obvious to one with ordinary skill before the effective filing date of the claimed invention to have different shapes for the ream portions, i.e. polygonal cross-sectional shape and wherein a first radial surface at a first side of the polygonal cross-sectional shape of the first and second concrete foundation reamed bulb portions comprises a first skewed surface relative to a central longitudinal axis of the first concrete foundation for a stronger anchoring the foundation into the ground purposes.
Re claims 12, 13: Kruse (‘582’) discloses wherein the solar module A-frame support further comprises: a bracket 112/120 (Fig. 1C) above the ground surface 212 (Fig. 2) and adjacent the first leg proximal end 110 and the second leg proximal end 118; wherein each of the first concrete foundation 202 and the second concrete foundation 204 is a pre-cast concrete foundation (par. [0040]).
Re claims 15, 16: wherein the first leg 106 comprises a polygonal cross-sectional shape (see par. [0025], lines 1-4), and wherein the second leg 114 comprises a polygonal cross-sectional shape. wherein the first leg comprises a triangular cross-sectional shape, and wherein the second leg comprises the triangular cross-sectional shape (see par. [0025], lines 1-5).
Re claim 17: wherein the first leg proximal end 110 is integral with the first leg distal end 108, wherein the second leg proximal end 118 is integral with the second leg distal end 116, and wherein the first leg distal end 108 is closed, and wherein the second leg distal end 116 is closed (Fig. 2).
Re claim 19: Kruse (‘582’) discloses basic structures of the claimed invention as stated above and further discloses wherein the cement (par. [0032]) is placed within the first bore before the distal end 108 of the first split tube subterranean leg 106 is placed within the first bore (i.e. wherein 106 is being inserted), and wherein the cement (par. [0032]) is placed within the second bore (i.e. wherein 114 is being inserted) before the distal end 116 of the second split tube subterranean leg 114 is placed within the first bore, but does not disclose expressly wherein the first split tube subterranean leg comprises a split prong configuration that includes a first prong member extending around a first portion of a perimeter of the distal end of the split tube subterranean leg, a second prong member extending around a second portion of the perimeter of the distal end of the split tube subterranean leg, a first gap extending around the perimeter of the distal end of the split tube subterranean leg between the first prong member and the second prong member, and a second gap opposite the first gap and extending around the perimeter of the distal end of the split tube subterranean leg between the first prong member and the second prong member. Kruse (‘077) discloses post tensioned foundations apparatus, including a concrete foundation (Fig. 1B), a split tube subterranean leg 510 (Fig. 50) comprises a split prong configuration that includes a first prong member 514 extending around a first portion of a perimeter of the distal end of the split tube subterranean leg 510, a second prong member 514 extending around a second portion of the perimeter of the distal end of the split tube subterranean leg 510, a first gap (i.e. near wherein 516 points to) extending around the perimeter of the distal end of the split tube subterranean leg 510 between the first prong member 514 and the second prong member 514, and a second gap (i.e. on other side of the 516) opposite the first gap and extending around the perimeter of the distal end of the split tube subterranean leg 510 between the first prong member 514 and the second prong member 514. In view of Kruse (‘077’), it would have been obvious to one with ordinary skill before the effective filing date of the claimed invention to provide Kruse (‘582’) tube subterranean legs with prong members and gaps between the prong members as suggested by Kruse (‘077’) in order to enhance a stronger bonding between the leg and concrete materials; therefore, providing more integrity and stronger support for the leg near the distal portion.
Claim(s) 14, is/are rejected under 35 U.S.C. 103 as being unpatentable over US No. 2013/0048582 to Kruse (‘582’) in view of US No. 8,920,077 to Kruse (‘077’) and further in view of US No. 2014/0224751 to Sawaki.
Re claim 14: Kruse (‘582’) in view of Kruse (‘077’) disclose basic structures of the claimed invention as stated above but do not disclose expressly wherein the solar module A-frame support further comprises a cross-brace extending between the first leg and the second leg above the ground surface. Sawaki discloses solar panel mounting stand, including a solar module frame support comprises a first leg 2, a second leg 2, a cross brace 16 extending between the first and second legs 2/2 (Fig. 6). In view of Sawaki, it would have been obvious to one with ordinary skill before the effective filing date of the claimed invention to provide Kruse a cross brace extending between the legs as suggested by Sawaki for adding more structural support to the legs.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US No. 2013/0048582 to Kruse (‘582’) in view of US No. 8,920,077 to Kruse (‘077’) and further in view of US No. 2022/0060410 to Attal et al. (‘Attal’).
Re claim 20: Kruse (‘582’) in view of Kruse (‘077’) disclose basic structures of the claimed invention as stated above; and Kruse (‘582’) further discloses a step of coupling a first leg of a solar module A-frame support 106 to a first frame connection member 112 at a proximal end 110 of the first anchor member 202 that is above the ground surface 212; and coupling a second leg 114 of the solar module A-frame support to a second frame connection member 120 at a proximal end 118 of the second anchor member 204 that is above the ground surface 212 but do not disclose expressly the distal end of a first anchor member having a first, a second reinforcement bars, a second anchor member having a third, a fourth reinforcement bars. Attal discloses (Figs. 3A-3B)a method comprising the steps of: placing a distal end (i.e. wherein near 102) of a first anchor member 104, a first reinforcement bar 310 received at the distal end of the first anchor member 104, and a second reinforcement bar 310 (i.e. on the other side parallel each other) received at the distal end of the first anchor member 104 within a first bore (wherein the reinforcing bars are being inserted) beneath a ground surface 102 and inherently placing cement (Fig. 2, wherein 104 points to) within the first bore beneath the ground surface 102; placing a distal end of a second anchor member 104 (Fig. 2), a third reinforcement bar 310 received at the distal end of the second anchor member 104, and a fourth reinforcement bar 310 received at the distal end of the second anchor member 104 within a second bore (i.e. wherein the reinforcement bars are being inserted) beneath the ground surface 102 and inherently placing cement (i.e. wherein 102 points to) within the second bore beneath the ground surface 102. In view of Attal, it would have been obvious to one with ordinary skill before the effective filing date of the claimed invention to provide Kruse’s tube subterranean legs with reinforcement bars at the distal ends as suggested by Attal in order to enhance a stronger bonding between the leg and concrete materials; therefore, providing more integrity and stronger support for the leg near the distal portion.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure (see attached PTO-892).
Contact Information
Any inquiry concerning this communication or earlier communication from the examiner should be directed to CHI Q. NGUYEN whose telephone number is (571) 272-6847. The examiner can normally be reached on Monday-Friday from 7AM-5PM or email: chi.nguyen@uspto.gov. If attempt to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Brian Mattei can be reached at (571) 270-3238. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pairdirect.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at (866) 217-9197.
/CHI Q NGUYEN/
Primary Examiner, Art Unit 3635
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