DETAILED ACTION
The Amendment filed on 05/22/2026 has been entered. Claim(s) 1, 9, 11, 12, and 18 have been amended. Therefore, claims 1-20 are now pending in the application.
Response to Amendment
The previous double patenting rejection has been withdrawn in light of applicant's amendments.
Most of the previous 35 USC 112 rejections are withdrawn in light of applicant's amendments.
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.
Claim(s) 1-8, are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
Regarding claim 1, at line 10, the recitation “the second clamp” renders the claim indefinite because it lacks antecedent basis.
Allowable Subject Matter
Claim 3 is rejected as being dependent upon a rejected base claim, but would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and if rewritten in independent form including all of the limitations of the base claim and any intervening claims. In particular, the limitation “wherein the south clamp includes: a bottom component including: a first support surface; and a first plurality of horizontal protrusions arranged on a vertical portion of the bottom component; a top component including: a second support surface; and a second plurality of horizontal protrusions arranged on a vertical portion of the top component, the second plurality of horizontal protrusions and first plurality of horizontal protrusions configured to interface together to adjust a vertical position of the top component relative to the bottom component; and a threaded connector through the top component and into the bottom component” would overcome the prior art rejection since no prior art of record, alone or in combination, teaches this configuration and such a modification would require impermissible hindsight or piecemeal reconstruction to arrive at the claimed subject matter.
Claim 10 is 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. In particular, the limitation “wherein the south clamp comprises: a bottom component including: a first support surface; and a first plurality of horizontal protrusions arranged on a vertical portion of the bottom component; a top component including: a second support surface; and a second plurality of horizontal protrusions arranged on a vertical portion of the top component, the second plurality of horizontal protrusions and first plurality of horizontal protrusions configured to interface together to adjust a vertical position of the top component relative to the bottom component; and a threaded connector through the top component and into the bottom component” would overcome the prior art rejection since no prior art of record, alone or in combination, teaches this configuration and such a modification would require impermissible hindsight or piecemeal reconstruction to arrive at the claimed subject matter.
Claim 12 is 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. In particular, the limitation “the second clamp of the south clamps includes the second vertical portion, the second vertical portion including a support ledge and a first plurality of interface protrusions arranged along a height of the first second vertical support; and the second clamp further includes: a third vertical portion including a second plurality of interface protrusions; and a clamp ledge extending from the third vertical portion, wherein the second clamp is releasably secured to the second vertical portion through a threaded connector” would overcome the prior art rejection since no prior art of record, alone or in combination, teaches this configuration and such a modification would require impermissible hindsight or piecemeal reconstruction to arrive at the claimed subject matter.
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.
Claim(s) 1, 2, 6, 7, 9, and 16-19, as best understood, are rejected under 35 U.S.C. 103 as being unpatentable over Miros et al. (US 20100089390 A1) in view of Dick et al. (US 10230324 B2).
Regarding claim 1, Miros et al. teaches a solar panel mounting system (abstract) comprising: a base rail (16/22/14); a north stanchion (at 30; figure 1A) including: a first vertical support (30) connected at a first end to the base rail (figure 1A) and having a first height; a first clamp (26) at a second end of the first vertical support (figure 1A), the first clamp configured to secure a first edge of the solar panel (figure 1A); a south clamp (24/28) connected at a first end to the base rail (figure 1A) through a pivotal connection (para 56), the pivotal connection enabling the south clamp to pivot relative to the base rail (para 56), and having a second height (figure 1A), the first height greater than the second height (figure 1A), the south clamp configured to secure a second edge of a solar panel at a second end of the south clamp (figure 1A).
Miros et al. does not specifically disclose a ballast rail arranged perpendicularly to and connected with the base rail, the ballast rail configured to support one or more ballasts.
Dick et al. discloses a solar mounting assembly (abstract) including a ballast rail (50) arranged perpendicularly to and connected with the base rail (in the combination, it is understood that the ballast rail of Dick et al. would be arranged perpendicularly to and connected with base rail of Miros et al.), the ballast rail configured to support one or more ballasts (figure 75).
Therefore, from the teaching of Dick et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the solar mounting assembly of Miros et al. to include a ballast rail arranged perpendicularly to and connected with the base rail, the ballast rail configured to support one or more ballasts, as taught by Dick et al., in order to further stabilize the solar assembly to optimize permanency under high winds.
Regarding claim 2, Miros et al. teaches a wind deflector (at 32) including a panel (32) securable to the north stanchion (figure 1A); and a corner backet (upper end of 32) configured to connect between the first edge of the solar panel and the wind deflector (figure 1A).
Although Miros et al. does not specifically disclose the deflector is metal, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the deflector made of metal since metal is used throughout the other components of the solar assembly members (para 14-18) in order provide a durable overall structure capable of sustaining high winds.
Regarding claim 6, Dick et al. in the combination discloses the ballast rail is a first ballast rail and the solar panel mounting system further comprises: a second ballast rail (52) arranged parallel to the first ballast rail (figure 11); and a ballast rail support (30) including a metal component (col. 25, lines ) having a first clip (30/52) that connects with the first ballast rail (figure 11) and a second clip (30/50) that connects with the second ballast rail (figure 11).
Regarding claim 7, Miros et al. teaches the base rail comprises an angled end forming the first vertical support (as illustrated, the first vertical support is angled; figure 1A).
Regarding claim 9, Miros et al. teaches a modular system for mounting one or more panels to a structure (abstract), a first base rail (16/22/14); a second base rail (20/22/18) arranged in parallel with the first base rail (figure 1B); one or more north stanchions (at 30; figure 1A), wherein a north stanchion of the one or more north stanchions includes: a first vertical support (30) connected to one of the first base rail or the second base rail and having a first height (figure 1A); and a first clamp (26) at a second end of the first vertical support (figure 1A), the first clamp configured to secure a first edge of a solar panel (figure 1A); one or more south clamps (at 24/28), wherein a south clamp of the one or more south clamps includes: a second vertical portion (28) connected to one of the first base rail or the second base rail (figure 1A) through a pivotal connection (para 56), the pivotal connection enabling the south clamp to pivot relative to the one of the first base rail or the second base rail (para 56), and having a second height less than the first height (figure 1A); and a second clamp (24) at a second end of the second vertical portion (figure 1A), the second clamp configured to secure a second edge of the solar panel (figure 1A).
Miros et al. does not specifically disclose a ballast rail arranged perpendicularly to and connected between the first base rail and the second base rail, the ballast rail configured to support one or more ballasts.
Dick et al. discloses a solar mounting assembly (abstract) including a ballast rail (50) arranged perpendicularly to and connected between the first base rail and the second base rail (in the combination, it is understood that the ballast rail of Dick et al. would be arranged perpendicularly to and connected between the first base rail and the second base rail of Miros et al.), the ballast rail configured to support one or more ballasts (figure 75).
Therefore, from the teaching of Dick et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the solar mounting assembly of Miros et al. to include a ballast rail arranged perpendicularly to and connected between the first base rail and the second base rail, the ballast rail configured to support one or more ballasts, as taught by Dick et al., in order to further stabilize the solar assembly to optimize permanency under high winds.
Regarding claim 16, Miros et al. teaches the first base rail comprises an angled end forming the first vertical support (as illustrated, the first vertical support is angled; figure 1A).
Regarding claim 17, Miros et al. teaches a wind deflector (at 32) including a panel (32) securable to the north stanchion (figure 1A); and a corner backet (upper end of 32) configured to connect between the first edge of the solar panel and the wind deflector (figure 1A).
Although Miros et al. does not specifically disclose the deflector is metal, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the deflector made of metal since metal is used throughout the other components of the solar assembly members (para 14-18) in order provide a durable overall structure capable of sustaining high winds.
Regarding claim 18, Miros et al. teaches a modular mounting system (abstract), comprising a first base rail (16/22/14); a second base rail (20/22/18) arranged in parallel with the first base rail (figure 1B); two north stanchions (at 30; figures 1A-1C), wherein a north stanchion of the two north stanchions includes: a first vertical support (30) connected to one of the first base rail or the second base rail and having a first height (figure 1A); a first clamp (26) at a second end of the first vertical support (figure 1A), the first clamp configured to secure a first edge of a solar panel (figure 1A); two south clamps (at 24/28; figures 1A-1C), wherein a south clamp of the two south clamps includes: a second vertical portion (28) connected to one of the first base rail or the second base (figure 1A) rail through a pivotal connection (para 56), the pivotal connection enabling the south clamp to pivot relative to the one of the first base rail or the second base rail (para 56), and having a second height (figure 1A); a second clamp (24) at a second end of the second vertical portion (figure 1A), the second clamp configured to secure a second edge of the solar panel (figure 1A).
Miros et al. does not specifically disclose a ballast rail arranged perpendicularly to and connected between the first base rail and the second base rail, the ballast rail configured to support one or more ballasts.
Dick et al. discloses a solar mounting assembly (abstract) including a ballast rail (50) arranged perpendicularly to and connected between the first base rail and the second base rail (in the combination, it is understood that the ballast rail of Dick et al. would be arranged perpendicularly to and connected between the first base rail and the second base rail of Miros et al.), the ballast rail configured to support one or more ballasts (figure 75).
Therefore, from the teaching of Dick et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the solar mounting assembly of Miros et al. to include a ballast rail arranged perpendicularly to and connected between the first base rail and the second base rail, the ballast rail configured to support one or more ballasts, as taught by Dick et al., in order to further stabilize the solar assembly to optimize permanency under high winds.
Regarding claim 19, Dick et al. in the combination discloses the ballast rail is a first ballast rail and the modular mounting system further comprises: a second ballast rail (52) arranged parallel to the first ballast rail (figure 11); and a ballast rail support (30) including a metal component (col. 25, lines ) having a first clip (30/52) that connects with the first ballast rail (figure 11) and a second clip (30/50) that connects with the second ballast rail (figure 11).
Claim(s) 4 and 11, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Miros et al. (US 20100089390 A1), in view of Dick et al. (US 10230324 B2), and in view of Yang et al. (US 20210184626 A1).
Regarding claim 4, Miros et al. does not specifically disclose a vertical portion of the south clamp comprises a first plurality of horizontal protrusions; and the south clamp includes: a horizontal portion extending from the vertical portion; and an upper portion including a second plurality of horizontal protrusions, the upper portion positionable with respect to the vertical portion.
Yang et al. disclosed a solar assembly mount (abstract) wherein a vertical portion (215/220) of the south clamp comprises a first plurality of horizontal protrusions (at 410); and the south clamp includes: a horizontal portion (240) extending from the vertical portion; and an upper portion (210) including a second plurality of horizontal protrusions (310), the upper portion positionable with respect to the vertical portion (figures 4B).
Therefore, from the teaching of Yang et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the solar mounting assembly of Miros et al. to include a vertical portion of the south clamp comprises a first plurality of horizontal protrusions; and the south clamp includes: a horizontal portion extending from the vertical portion; and an upper portion including a second plurality of horizontal protrusions, the upper portion positionable with respect to the vertical portion, as taught by Yang et al., in order to further secure the solar panel to the clamp for a more durable and stable connection.
Regarding claim 11, Miros et al. does not specifically disclose the second clamp of the south clamp includes: a mount including: a base defining a slot and a channel, a first flange extending from the base, and a second flange extending from the base; a connector that transitions between a first position in which the solar panel is insertable onto the mount, and a second position in which the solar panel is clamped to the mount, the connector including a pin disposed at least partially through the channel; and a fastener disposed at least partially through the slot to attach the connector to the mount.
Yang et al. disclosed a solar assembly mount (abstract) wherein the second clamp of the south clamp includes: a mount (figures 2C and 2D) including: a base (220) defining a slot (505) and a channel (sides / base; figures 2C and 2D), a first flange (240-L) extending from the base (figures 2C and 2D), and a second flange (240-R) extending from the base (figures 2C and 2D); a connector (250) that transitions between a first position (figure 2C) in which the solar panel is insertable onto the mount (figures 2C and 2D), and a second position (figure 2D) in which the solar panel is clamped to the mount (figure 2D), the connector including a pin (210) disposed at least partially through the channel (figures 2C and 2D); and a fastener (250) disposed at least partially through the slot to attach the connector to the mount (figures 2C and 2D).
Therefore, from the teaching of Yang et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the solar mounting assembly of Miros et al. such that the second clamp of the south clamp includes: a mount including: a base defining a slot and a channel, a first flange extending from the base, and a second flange extending from the base; a connector that transitions between a first position in which the solar panel is insertable onto the mount, and a second position in which the solar panel is clamped to the mount, the connector including a pin disposed at least partially through the channel; and a fastener disposed at least partially through the slot to attach the connector to the mount, as taught by Yang et al., in order to further secure the solar panel to the clamp for a more durable and stable connection.
Claim(s) 5, 14, and 15, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Miros et al. (US 20100089390 A1), in view of Dick et al. (US 10230324 B2), and in view of Stearns (US 8826618 B2).
Regarding claim 5, Miros et al. does not specifically disclose a roof pad formed of an elastomeric material that rests against the base rail and a structure, wherein the roof pad includes a rectangular body and one or more protrusions extending from an upper surface of the rectangular body, the one or more protrusions configured to fit within one or more openings of the base rail.
Stearns discloses a roof mount assembly (abstract) including a roof pad (figure 8) formed of an elastomeric material (col. 6, lines 24, 67) capable of resting against the base rail and a structure, wherein the roof pad includes a rectangular body (58) and one or more protrusions (62) extending from an upper surface of the rectangular body (figure 8), the one or more protrusions configured to fit within one or more openings of the base rail (in the combination, it is understood that the protrusion of Stearns would fit within one or more openings of the base rail of Miros et al.).
Therefore, from the teaching of Stearns, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the solar mounting assembly of Miros et al. to include a roof pad formed of an elastomeric material that rests against the base rail and a structure, wherein the roof pad includes a rectangular body and one or more protrusions extending from an upper surface of the rectangular body, the one or more protrusions configured to fit within one or more openings of the base rail, as taught by Stearns, in order to provide an absorption means to reduce vibrations of the solar assembly onto the roof due to high winds.
Regarding claim 14, Miros et al. does not specifically disclose one or more roof pads formed of an elastomeric material that rest between the first base rail or the second base rail and a structure wherein a roof pad of the one or more roof pads includes a rectangular body and one or more protrusions extending from an upper surface of the rectangular body, the one or more protrusions configured to fit within one or more openings of the first base rail or the second base rail.
Stearns discloses a roof mount assembly (abstract) including one or more roof pads (figure 8) formed of an elastomeric material (col. 6, lines 24, 67) capable of resting between the first base rail or the second base rail and a structure wherein a roof pad of the one or more roof pads includes a rectangular body (58) and one or more protrusions (62) extending from an upper surface of the rectangular body (figure 8), the one or more protrusions configured to fit within one or more openings of the first base rail or the second base rail (in the combination, it is understood that the one or more protrusions of Stearns would fit within one or more openings of the base rail or the second base rail of Miros et al.).
Therefore, from the teaching of Stearns, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the solar mounting assembly of Miros et al. to include one or more roof pads formed of an elastomeric material that rest between the first base rail or the second base rail and a structure wherein a roof pad of the one or more roof pads includes a rectangular body and one or more protrusions extending from an upper surface of the rectangular body, the one or more protrusions configured to fit within one or more openings of the first base rail or the second base rail, as taught by Stearns, in order to provide an absorption means to reduce vibrations of the solar assembly onto the roof due to high winds.
Regarding claim 15, Stearns in the combination discloses the rectangular body further defines one or more cavities (70) configured to receive the one or more protrusions of an adjacent roof pad when stacked together (figures 7-8).
Claim(s) 8, 13, and 20, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Miros et al. (US 20100089390 A1), in view of Dick et al. (US 10230324 B2), and in view of Neal (US 20230213118 A1).
Regarding claims 8, 13, and 20, Miros et al. does not specifically disclose a wire management cover including: a rail connection component configured to connect with the ballast rail; and a wire clamp comprising a channel and a tab configured to enclose a passage for receiving one or more wires of a solar panel installation.
Neal discloses a rail assembly (abstract) including a wire management cover (102, 122, 124) including: a rail connection component (102) configured to connect with the ballast rail; and a wire clamp (122, 124) comprising a channel and a tab configured to enclose a passage for receiving one or more wires of a solar panel installation (figure 4).
Therefore, from the teaching of Neal, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the solar mounting assembly of Miros et al. to include a wire management cover including: a rail connection component configured to connect with the ballast rail; and a wire clamp comprising a channel and a tab configured to enclose a passage for receiving one or more wires of a solar panel installation, as taught by Neal, in order to organize wiring of the solar assembly for a more tidy configuration and an overall pleasant aesthetic.
Response to Arguments
Applicant's arguments and amendments have been considered but are moot in view of the new ground(s) of rejection.
New reference Miros et al. (US 20100089390 A1) has been added to overcome the newly added limitations. Applicant’s amendment regarding “a south clamp connected at a first end to the base rail through a pivotal connection, the pivotal connection enabling the south clamp to pivot relative to the base rail” overcomes the previous rejection in view of Yang. The new limitation is overcome in light of new reference Miros et al.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAR F HIJAZ whose telephone number is (571)270-5790. The examiner can normally be reached on 8-6 EST Monday-Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached on (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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/OMAR F HIJAZ/Examiner, Art Unit 3633
