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 .
DETAILED ACTION
Election/Restriction
Claims 1, and 8-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 1/20/2026.
Applicant’s election without traverse of invention II, claims 2-7 in the reply filed on 1/15/2026 is acknowledged.
Double Patenting
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 2-7 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 3 of prior U.S. Patent No. 11652440. This is a statutory double patenting rejection.
Claims 3-7 are also rejected since the claims are dependent on claim 2.
Regarding Claim 2, each limitation is the same as each limitation in claim 3 of US Pat No. 11652440
Examiner compared each limitation of claim 2 of the instant application with claim 3 of US Pat No. 11652440.
Claim 2 of the instant application
Claim 3 of US Pat No. 11652440
An A-Frame solar panel array system comprising:
An A-Frame solar panel array system comprising:
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Heisler (US Pub No. 2014/0020308), Antonie (US Pub No. 2008/0236058), Levy (US Pub No. 2010/0043851), Kania (US Pub No. 2018/0026579), Forrest (US Pub No. 2018/0294767), and Almy (US Pub No. 2019/0372514). Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL Y SUN whose telephone number is (571)270-0557. The examiner can normally be reached 9AM-7PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MATTHEW MARTIN can be reached at (571) 270-7871. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL Y SUN/Primary Examiner, Art Unit 1728