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 1-5, 7-18 and 20 are pending.
Claims 6 and 19 are cancelled.
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) 1-5, 7, 9, 14-17 and 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), 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 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 parallel to (Fig. 6) the longitudinal direction (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 the longitudinal direction (the width of 8).
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 element (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 parallel to a dimension of a stiffening profile (14) 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 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 devices 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 an area of the stiffening profiles, a securing tongue protruding into a mounting slot and being passable when connecting to a fixing bracket and being automatically transferrable into a securing position when or immediately before an end positing of a fixing bracket is reached.
However, Chavez discloses wherein the ground contact element (Fig. 56, 502) has, in an area of the stiffening profiles (per the above), a securing tongue (510) protruding into a 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 an 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 an area of the stiffening profiles, a securing tongue protruding into a mounting slot and being passable when connecting to a fixing bracket and being automatically transferrable into a securing position when or immediately before an 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 the fixing portion (10; 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, wherein the surface elements (2) are rectangular in shape (Fig. 1) and have two short sides (left/right sides) and two long sides (top/bottom sides), 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 of the two short sides, wherein, with 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) of the two short sides (Fig. 1), wherein, with 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 of the two short sides, wherein, with 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 borders in a width direction, said border beadings extending in the longitudinal direction and reinforcing a 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 borders (of 1) in a width direction (Fig. 1), said border beadings (1) extending in the longitudinal direction (Fig. 1) and reinforcing a 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 borders in a width direction, said border beadings extending in the longitudinal direction and reinforcing a 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).
Response to Arguments
Objections to the Drawings: Applicant’s argument with respect to the drawings is persuasive and objection to the drawings is hereby withdrawn.
Claim Rejections 35 USC 112: Applicant’s argument with respect to the claims rejected under 35 USC 112 is persuasive and rejection of the claims pursuant to 35 USC 112 is hereby withdrawn.
Claim Rejections 35 USC 102/103: Applicant’s arguments with respect to all claims have been considered but are not persuasive.
Applicant argues the amended language of claim 1 incorporating previous claim 6. Applicant argues that the openings 15 in ‘324 are not located at the ends of the ground contact element. Applicant argues that the slots of the present invention allow fixing brackets to be slid from the side, instead of from the top as per ‘324. There is no language directed to any manner of assembly of the invention. Moreover, the claims are drawn to a device, and not a method of assembly. In addition, features 15 are slots which are specifically designed to receive 4. Regarding the language, “at two opposite ends to each other in a longitudinal direction,” there is no claim language directed to what would constitute “at…ends.” In reviewing Fig. 6, for example, leftmost elements 15 are “at” the left end, and rightmost elements 15 are “at” the right end. The left end and the right ends of 3 are “opposite ends.” Thus, leftmost elements 15 and rightmost element’s 15 satisfy the language, “at two opposite ends to each other in a longitudinal direction.” As such, EP ‘324 reads on the claim.
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 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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KYLE WALRAED-SULLIVAN
Primary Examiner
Art Unit 3635
/KYLE J. WALRAED-SULLIVAN/Primary Examiner, Art Unit 3635
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