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 .
Election/Restrictions
Applicant’s election without traverse of group II in the reply filed on 1/20/2026 is acknowledged.
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 16 and 17 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 16 recites “the third PV modules” in the fourth line, implying that a third PV module has been claimed. However, a third PV module is not a limitation of claims 9 or 15, and therefore lacks antecedent basis. Claim 17 is also rejected based on its dependence from claim 16.
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) 9-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2010/0313506 to Schoell.
Regarding claims 9-15, Schoell teaches a photovoltaic (“PV”) module mounting system comprising
A first (labeled “1” in Marked-up Fig. 1a below, e.g. right in the frame of Marked-up Fig. 9 below) and a second (labeled “2” in Marked-up Fig. 1a, left in the frame of Fig. 9) PV module 8 each including a perimeter frame (comprising four members 300, best seen in Figs. 3, 4), each perimeter frame having a first side (Marked-up Fig. 3 below labels the sides of an exemplary module) and a second side opposed from the first side, and each perimeter frame having a third side and a fourth side opposed from the third side (¶0025, 0042)
A first rail 6 and a second rail 6 each having a mounting surface (see Marked-up Fig. 11 below) adapted to support the first and second PV module, the first and second rails being disposed in substantially parallel spaced relation to each other and being adapted to be secured to a support structure 4 (¶0042, 0043)
The first and second PV modules being secured to the first and second rails adjacent to each other and forming a first gap therebetween (see Marked-up Fig. 9 below), and the fourth side of the first PV module has a first projection 210 extending therefrom, wherein the first projection of the first PV module is disposed above and extends over and covers the first gap (¶0039, 0040).
[AltContent: textbox (2)][AltContent: textbox (1)][AltContent: arrow][AltContent: arrow][AltContent: textbox (First rail)][AltContent: textbox (Second rail)][AltContent: textbox (3)]
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[AltContent: textbox (Fourth side of first
module)][AltContent: textbox (Third side of
second module)][AltContent: textbox (First gap)]
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Per claim 10, Schoell teaches the limitations of claim 9. The third side of the second PV module (see Marked-up Fig. 9 above) has a second projection 224 extending therefrom, wherein the first projection 210 of the first PV module is disposed above and extends over the second projection of the second PV module (¶0037).
Per claim 11, Schoell teaches the limitations of claim 10. The first and second rails are secured to a support structure 4 on an incline (Fig. 1a) and the first PV module is disposed above the second PV module.
Per claim 12, Schoell teaches the limitations of claim 10. The system further includes a third PV module (labeled “3” in Marked-up Fig. 1a above) having a perimeter frame (see Marked-up Fig. 3 above), the perimeter frame having a first side and a second side opposed therefrom, and having a third and a fourth side opposed from the third side, and the first side of the third PV module is secured to the first rail and the second side of the third PV module is secured to the second rail (see cited passages and reasoning above), wherein the third PV module is disposed adjacent to the second PV module forming a second gap therebetween (similar to the situation illustrated in Fig. 9), and the fourth side of the second PV module has a first projection 210 extending therefrom which is disposed above and extends over and covers the second gap.
Per claim 13, Schoell teaches the limitations of claim 12. The third side of the third PV module has a second projection 224 extending therefrom wherein the first projection of the second PV module is disposed above and extends over the second projection of the third PV module.
Per claim 15, Schoell teaches the limitations of claim 9. The first and second rails each have a base wall (see Marked-up Fig. 11 above) and opposed first and second sidewalls extending outwardly therefrom, the first and second sidewall each having a flange (the left and right portions of the mounting surface) extending outwardly therefrom, the flanges forming the mounting surface for supporting the first and second PV modules.
Regarding claim 14, this rejection relies upon a different interpretation of Schoell than above. Claims 9 and 10 could reasonably be rejected if the identification of the first and second PV modules were switched (i. e., if in Marked-up Fig. 1a above, the designations “1” and “2” were switched). In that interpretation, the respective opposed third and fourth sides are also switched. For clarity, this interpretation results in a designation shown in Marked-up Fig. 9 directly below:
[AltContent: textbox (Third side of second
module)][AltContent: textbox (Fourth side of
first module)][AltContent: textbox (First gap)]
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In that equally reasonable interpretation, the fourth side of the first PV module has a first projection 220 extending therefrom, which is disposed above and extends over and covers the first gap, and the third side of the second PV module has a second projection 210 extending therefrom, the first projection disposed above and extending over the second projection. The second projection 210 therefore has an upper surface (facing upward in the frame of Fig. 9) having a groove extending along a length thereof (the “U” shape of 210 extends into and out of the page).
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) 16 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schoell as applied to claim 15 above, and further in view of WO2024/028612 to Blackwell.
Regarding claims 16 and 17, Schoell teaches the limitations of claim 15. The first and second sidewalls of the first and second rails (see Marked-up Fig. 11 above) define therebetween an open channel (for legibility, Fig. 11 is reproduced below and also Marked-up; the designations carry over between the two versions). Further, the system includes a first support ledge projecting from the first sidewall and a second support ledge projecting from the second sidewall, the first and second ledges extending toward each other into the channel and forming a slot therebetween extending along the length of the rail.
Schoell does not teach a wire support extends between the first and second sidewalls that is adapted to support wires operably connected to at least one of the first or second PV modules and extending through the open channel, the wire support spaced a distance from the base wall.
[AltContent: textbox (First support ledge)][AltContent: textbox (Second support ledge)][AltContent: textbox (Open channel)][AltContent: arrow][AltContent: rect][AltContent: textbox (slot)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: rect]
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Blackwell teaches that a similar open channel (specifically see Figs. 2(b), 2(c)) can receive a wire support (60) extending laterally, the wire support adapted to support wires (70) connected to analogous first or second PV modules (54) and extending through an open channel (¶0048-0050). Therefore it would have been obvious as of the effective filing date of the claimed invention for a person having ordinary skill in the art to include a wire support such as described by Blackwell in the system of modified-Schoell so that the wires of one of the first or second PV modules can be managed.
A skilled artisan, informed by Blackwell’s teachings, would necessarily form the wire support of modified-Schoell to be spaced a distance from the base wall and supported by the first and second support ledges.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ryan S Cannon whose telephone number is (571)270-7186. The examiner can normally be reached M-F, 8:30am-5:30pm PST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey Barton can be reached at (571) 272-1307. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Ryan S. Cannon
Primary Examiner
Art Unit 1726
/RYAN S CANNON/Primary Examiner, Art Unit 1726