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
This is a Non-final Office Action for application number 18/826,806 CLAMPING ASSEMBLY FOR MOUNTING SOLAR PANEL MODULES filed on 9/6/2024. Claims 1-20 are pending.
Election/Restrictions
Claims 19 and 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention/species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/30/2025.
Information Disclosure Statement
The information disclosure statement submitted on 1/31/2025 and 12/4/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
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.
Claim 2 is 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 2 recites the limitation "the clamp opening" in line 3. There is insufficient antecedent basis for this limitation in the 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.
Claims 1, 2, 4, 5 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by United States Patent No. 8,806,796 to Clifton.
With regards to claim 1, the patent to Clifton discloses a device having a clamp base (20); a clip (30) movably connected to the clamp base; and a biasing fastener (40) extending through the clamp base and the clip, the biasing fastener being configured to bias the clip from the clamp base. (See Figure 15)
With regards to claim 2, Clifton discloses wherein the clamp base has a clamp opening (29) through which the biasing fastener (40) extends, and wherein the clip is movable through a clamp opening (127).
With regards to claim 4, Clifton discloses wherein the clamp base (110, 120) has a first protrusion (upper 110) and a second protrusion (lower 110) configured to engage a rail.
With regards to claim 5, Clifton teaches wherein the clip is configured to rotate relative to the clamp base. (See Figures 2 and 4)
With regards to claim 7, Clifton teaches wherein the clip comprises a biasing component (50) configured to apply a force to the clip when the clip is pulled away from the clamp base.
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 of this title, 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.
Claims 9, 11, 13, 14 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over United States Patent No. 8,806,796 to Clifton.
With regards to claim 9, as shown above Clifton teaches a clamp base; a clip movably connected to the clamp base; and a biasing fastener extending through the clamp base and the clip, the biasing fastener being configured to bias the clip from the clamp base. Clifton does not teach a plurality of rails and a plurality of clamps for the plurality of rails. It has been held that the duplication of the same part for the same function is obvious and a plurality of rails and clamps is a duplication of parts and it would be obvious to have more than one of the recited devices.
With regards to claim 11, Clifton teaches wherein the first clamp sidewall comprises a first tapered flange (upper 120) extending inwardly from the first clamp sidewall; and the second clamp sidewall (lower 120) comprises a second tapered flange extending inwardly from the second clamp sidewall.
With regards to claim 13, Clifton teaches wherein the clamp base further comprises a first protrusion (upper 110) and a second protrusion (lower 110) configured to engage the rail.
With regards to claim 14, Clifton teaches wherein the first protrusion comprises: a first tapered portion configured to engage with a first beveled sidewall of the rail; and a first abutment configured to engage with an upper wall of the rail. (See Figure 7)
With regards to claim 18, Clifton does not teach a plurality of pads positioned between the plurality of rails and a mounting surface, however this is Official Notice that padding a device to prevent damage is obvious.
Allowable Subject Matter
Claims 3, 6, 8, 10, 12 and 15-17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
With regards to claim 3, the prior art does not teach a panel support ledge configured to support a frame of the solar panel module.
With regards to claim 6, the prior art does not teach wherein the clip is configured to slide along a longitudinal direction of the clamp base.
With regards to claim 8, the prior art does not teach a pivoting fastener configured to connect the clamp base to a rail pivotally.
With regards to claim 10, the prior art does not teach wherein the clamp base comprises: a panel flange support wall including at least one clamp opening through which the biasing fastener extends; and a first clamp sidewall and a second clamp sidewall configured to engage with a rail of the plurality of rails.
With regards to claim 12, the prior art does not teach wherein the clamp base further comprises a panel support ledge on the panel flange support wall, the panel support ledge being configured to support a frame of the solar panel module.
With regards to claim 15, the prior art does not teach wherein the clip has a front lip extending along a first direction from a first side of a body of the clip; a back lip extending along the first direction from a second side of the body of the clip, the second side being opposite to the first side; a first grip extending along a second direction from a third side of the body of the clip; a second grip extending along the second direction from a fourth side of the body of the clip, the fourth side being opposite to the third side, the second direction being opposite to the first direction; and a first tab and a second tab extending downwards from the back lip, the first tab and a second tab being configured to engage with a return flange of a frame of the solar panel module.
With regards to claim 16, the prior art does not teach a plurality of stanchions attached to the plurality of rails, the plurality of stanchions being configured to provide additional support for the solar panel module.
With regards to claim 17, the prior art does not teach a plurality of ballast rails positioned across the plurality of rails.
Cited References
PN 8,393,105 to Thummel shows a clamp
PN 2012/0273031 to Sagayama shows a clamp
PN 2013/0156495 to Li et al. shows a clamp
PN 2022/0357131 to Connolly shows a clamp
Conclusion
Any inquiry concerning this communication should be directed to Amy J. Sterling at telephone number 571-272-6823 or to Supervisor Jonathan Liu at 571-272-8227 if the examiner cannot be reached. The examiner can normally be reached (Mon-Fri 8am-5:00pm). The fax machine number for the Technology center is 571-273-8300 (formal amendments), informal amendments or communications 571-273-6823. Any inquiry of a general nature or relating to the status of this application should be directed to the Technology Center receptionist at 571-272-3600.
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/AMY J. STERLING/Primary Examiner, Art Unit 3631 1/25/26