DETAILED ACTION
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 Claims
Claims 1-20 are pending.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the fixing opening of claim 11, the clamping element of claim 15 and the ballast weights of claim 19 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-20 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 claim 1, claim 1 recites, “the connection” in line 10. There is insufficient antecedent basis for this limitation in the claim. It appears this language is intended to recite, “a connection” and will be interpreted as such.
Re claim 2, claim 2 recites, “the connection” in line 3. There is insufficient antecedent basis for this limitation in the claim. It appears this language is intended to recite, “a connection” and will be interpreted as such.
Re claim 3, claim 3 recites, “the connection” in line 3. There is insufficient antecedent basis for this limitation in the claim. It appears this language is intended to recite, “a connection” and will be interpreted as such.
Re claim 4, claim 4 recites, “essentially parallel” in line 5. The term “essentially parallel” is a relative term which renders the claim indefinite. The term “essentially parallel” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. What is “essentially” parallel to one of ordinary skill may not be to another and thus, the scope of the claim is unclear. For the purposes of this examination, this language will be interpreted as “parallel.”
Re claim 8, claim 8 recites, “the area” in line 4, “the mounting slot” in line 6, and “the end position” in line 8. There is insufficient antecedent basis for this limitation in the claim. It appears this language is intended to recite, “an area,” “a mounting slot” and “an end position” and will be interpreted as such.
Re claim 9, claim 9 recites, “the ground contact plate” in line 5. There is insufficient antecedent basis for this limitation in the claim. It appears this language is intended to recite, “the ground contact element” and will be interpreted as such.
Re claim 10, claim 10 recites, “it” in line 8. Numerous elements are previously introduced and thus, it is unclear as to which this language refers. It appears this language is intended to recite, “the fixing portion” and will be interpreted as such.
Re claim 13, claim 13 recites, “the borders” in line 5 and “the border” in line 6. There is insufficient antecedent basis for this limitation in the claim. It appears this language is intended to recite, “borders” and “a border” and will be interpreted as such.
Re claim 16, claim 16 recites, “essentially parallel” in line 4. The term “essentially parallel” is a relative term which renders the claim indefinite. The term “essentially parallel” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. What is “essentially” parallel to one of ordinary skill may not be to another and thus, the scope of the claim is unclear. For the purposes of this examination, this language will be interpreted as “parallel.”
Re claim 17, claim 17 recites, “the connection” in line 4. There is insufficient antecedent basis for this limitation in the claim. It appears this language is intended to recite, “connection” and will be interpreted as such.
Re claim 18, claim 18 recites, “short side” in line 6. The term “short” is a relative term which renders the claim indefinite. The term “short” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. What is “short” parallel to one of ordinary skill may not be to another and thus, the scope of the claim is unclear. For the purposes of this examination, this language will be interpreted as “a side.”
Claims 5-7 and 11-12, 14-15, 19-20 are rejected as being dependent on a rejected claim.
Claim Rejections - 35 USC § 102
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) 1-7, 9, 14-17, 19-20 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Wischemann (EP2031324).
Re claim 1, Wischemann discloses a mounting device (Fig. 1) for surface elements (2) having a ground contact element (3) comprising a fixing bracket (4) which is connectable to (via 15 and 23) the ground contact element (3) and comprises or is able to receive fixing elements (23, 24) at an end facing away from (Fig. 18-19) the ground contact element (3), said fixing elements (23, 34) serving to fix (Fig. 1) the surface elements (2), the connection between (Fig. 1) the ground contact element (3) and the fixing bracket (4) being detachable (Page 5 the paragraph beginning with, “The base 10” discloses that attachment between 4 and 3 is done via ‘snap-fit’ connection via 15 and 23, snap-fit connections being detachable, non-permanent connections).
Re claim 2, Wischemann discloses the mounting device according to claim 1 wherein the connection between the ground contact element (3) and the fixing bracket (4) is establishable without tools (Page 5 the paragraph beginning with, “The base 10”) and is detachable, without tools (Page 5 the paragraph beginning with, “The base 10” discloses that attachment between 4 and 3 is done via ‘snap-fit’ connection via 15 and 23, snap-fit connections being detachable, non-permanent connections not requiring tools for assembly or removable).
Re claim 3, Wischemann discloses the mounting device according to claim 1 wherein the connection between the ground contact element (3) and the fixing bracket (4) comprises an insertion connection (Page 5 the paragraph beginning with, “The base 10”).
Re claim 4, Wischemann discloses the mounting device according to claim 3, wherein the insertion connection (Fig. 1, Fig. 18-19) is configured in such a manner that an insertion direction (along 15) runs essentially parallel to (Fig. 6) a base plane (any plane of 3) of the ground contact element (3).
Re claim 5, Wischemann discloses the mounting device according to claim 1, wherein the ground contact element (3) comprises a structural plate (3) having at least one stiffening profile (8) extending along a longitudinal direction (the width of 8).
Re claim 6, Wischemann discloses the mounting device according to claim 1, wherein the ground contact element (3) has a receiving slot (15) at two ends (Fig. 5, left and right ends of Fig. 6) opposite to each other in the longitudinal direction (left/right Fig. 6), said receiving slot (15) serving to receive (Page 5 the paragraph beginning with, “The base 10”) the fixing brackets (4).
Re claim 7, Wischemann discloses the mounting device according to claim 1, wherein the receiving slot (15) extends across two stiffening profiles (15 being disposed on 3 profiles 9).
Re claim 9, Wischemann discloses the mounting device according to claim 1, wherein the fixing bracket (4) has a tab (10) at an end connected or connectable to the ground contact plate (3), said tab (10) at least partially engaging a stiffening profile (9).
Re claim 14, Wischemann discloses the mounting device according to claim 1, wherein the ground contact element (3) has a friction-increasing coating (Page 4 2nd-4th paragraphs of English translation) on a bottom side (of 3), at least sectionally in areas coming into contact with a substratum (any area thereof).
Re claim 15, Wischemann discloses a mounting system (Fig. 1) having at least one mounting device (1) to claim 1 (see above) and at least one surface element (2), at least one fixing bracket (4) of the mounting device (1) being connected to the surface element (2) via a clamping element (11).
Re claim 16, Wischemann discloses the mounting system according to claim 15 wherein a longitudinal edge (of 2) of the surface element (2) is disposed essentially parallel to (Fig. 1) a longitudinal direction (of 3) of the ground contact element (3).
Re claim 17, Wischemann discloses the mounting system according to claim 15 wherein the connection between (Fig. 1) the fixing bracket (4) and the surface element (2) is on the longitudinal edge (of 2) of the surface element (2).
Re claim 19, Wischemann discloses the mounting device according to claim 1 wherein the mounting device (1) is a flat roof or open space mounting system (Fig. 1), and the surface elements (2) are photovoltaic or solar thermal modules (Abstract of English translation), and wherein the ground contact element (3) also accommodates ballast weights (Page 4 2nd paragraph of English translation).
Re claim 20, Wischemann discloses the mounting device according to claim 1 wherein the fixing elements (23, 34) are clips (as per Merriam-Webster which defines “clips” as any of various deivces that grip, clasp or hook”).
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.
Claim(s) 8, 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wischemann (EP2031324) in view of Chavez (US 2016/0149535).
Re claim 8, Wischemann discloses the mounting device according to claim 1, wherein the ground contact element has, in the area of the stiffening profiles, a securing tongue protruding into the mounting slot and being passable when connecting to a fixing bracket and being automatically transferrable into a securing position when or immediately before the end positing of a fixing bracket is reached.
However, Chavez discloses wherein the ground contact element (Fig. 56, 502) has, in the area of the stiffening profiles (per the above), a securing tongue (510) protruding into the mounting slot (516) and being passable when connecting to a fixing bracket (506) and being automatically transferrable into a securing position (Fig. 56) when or immediately before the end positing of a fixing bracket (506) is reached (Fig. 56).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the mounting device of Wischemann wherein the ground contact element has, in the area of the stiffening profiles, a securing tongue protruding into the mounting slot and being passable when connecting to a fixing bracket and being automatically transferrable into a securing position when or immediately before the end positing of a fixing bracket is reached as disclosed by Chavez in order to provide a press-fit connection ([0293]).
Re claim 10, Wischemann discloses the mounting device according to claim 1, wherein the fixing bracket (4) has a fixing portion (10) for engagement into the ground contact element (3), and for engaging a stiffening profile (9), and a distance portion (body of 4) which adjoins the fixing portion (10) and is monolithically connected to it (Fig. 4), but fails to disclose the distance portion being made of an at least partially elastically deformable material.
However, Chavez discloses the distance portion (506) being made of an at least partially elastically deformable material ([0293] disclosing plastic).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the mounting device of Wischemann with the distance portion being made of an at least partially elastically deformable material as disclosed by Chavez in order to utilize an inexpensive, readily available, easily formable material.
Claim(s) 11, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wischemann (EP2031324) in view of Worden (US 2015/0171786).
Re claim 11, Wischemann discloses the mounting device according to claim 1, but fails to disclose wherein the ground contact element has a fixing opening via which the ground contact element is able to be connected to a substratum.
However, Worden discloses wherein the ground contact element (12) has a fixing opening (17) via which the ground contact element (3) is able to be connected to a substratum ([0021]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the mounting device of Wischemann wherein the ground contact element has a fixing opening via which the ground contact element is able to be connected to a substratum as disclosed by Worden in order to provide for rigid affixation instead of loose-laying.
Re claim 18, Wischemann discloses the mounting system according to claim 15 but fails to disclose wherein a row of surface elements is disposed in such a manner that the surface elements each adjoin or oppose each other with a short side, wherein, with the exception of outer ground contact elements, two fixing brackets per ground contact element establish a connection to two adjacent surface elements in each case.
However, Worden discloses wherein a row (Fig. 1) of surface elements (11) is disposed in such a manner that the surface elements (11) each adjoin or oppose each other (Fig. 1) with a short side (width thereof), wherein, with the exception of outer ground contact elements (11), two fixing brackets (15) per ground contact element (11) establish a connection (Fig. 1) to two adjacent surface elements (11) in each case (Fig. 1).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the mounting system of Wischemann wherein a row of surface elements is disposed in such a manner that the surface elements each adjoin or oppose each other with a short side, wherein, with the exception of outer ground contact elements, two fixing brackets per ground contact element establish a connection to two adjacent surface elements in each case as disclosed by Worden in order to provide an array of surface elements capable of harnessing much more solar energy.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wischemann (EP2031324).
Re claim 12, Wischemann discloses the mounting device according to claim 1, but fails to disclose wherein the ground contact element has a dimension of at least 700 mm in the longitudinal direction.
However, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the mounting device of Wischemann wherein the ground contact element has a dimension of at least 700 mm in the longitudinal direction in order to provide sufficient stability via contact surface area of the ground contact element. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wischemann (EP2031324) in view of Bottger et al (“Bottger”) (US 6,105,316).
Re claim 13, Wischemann discloses the mounting device according to claim 1, but fails to disclose wherein the ground contact element has border beadings at the borders in a width direction, said border beadings extending in the longitudinal direction and reinforcing the border mechanically and/or enabling a secure support of ballast weights having a regular bottom side.
However, Bottger discloses wherein the ground contact element (1) has border beadings (12) at the borders (of 1) in a width direction (Fig. 1), said border beadings (1) extending in the longitudinal direction (Fig. 1) and reinforcing the border (of 1) mechanically (Fig. 1) and/or enabling a secure support of ballast weights having a regular bottom side (as this is an or clause).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the mounting device of Wischemann wherein the ground contact element has border beadings at the borders in a width direction, said border beadings extending in the longitudinal direction and reinforcing the border mechanically and/or enabling a secure support of ballast weights having a regular bottom side as disclosed by Bottger in order to better reinforce the ground contact element (Col 3 lines 7-10).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE WALRAED-SULLIVAN whose telephone number is (571)272-8838. The examiner can normally be reached Monday - Friday 8:30am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at (571)270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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KYLE WALRAED-SULLIVAN
Primary Examiner
Art Unit 3635
/KYLE J. WALRAED-SULLIVAN/Primary Examiner, Art Unit 3635