DETAILED ACTION
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 .
Claim Interpretation
The claims recite a carrier with at least one broad side and at least one narrow side. These two terms are relative to one another, reasonably interpreted as describing a variance in width dimension. A side need not be wider than another by a specific amount to be considered a “broad” side.
The presence of the sun, the ground, and snow cover is assumed in the claims, with the ground/snow cover reasonably interpreted to be positioned facing the sun. The prior art need not specifically reference the sun, the ground, or snow cover, so long as the same oppositional relationship can be inferred.
The claims recite elements as northern, southern, eastern, or western. These are reasonably interpreted as defining relative directions. The prior art need not explicitly recite that sides or posts face a cardinal direction, so long as the relative configuration between directions that are 90 or 180 degrees apart can be established.
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 1-17 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 1, at lines 19-22, recites “wherein the solar angle in the surface parallel to the narrow side of the at least one narrow side of the panel carrier between a northern post and the corresponding southern post is about 45 degrees”. No distinct surface has been claimed as yet; therefore it is unclear what surface is being invoked, and the relationship between that surface and the other elements of the claim. Is this a surface of the structure, or of the ground or snow cover?
Line 33 of claim 1 recites “wherein a first and second narrow side of the at least one narrow side”. In the passage cited above, a narrow side between a northern post and the corresponding southern post is distinguished. Are the newly defined first and second narrow side in addition to the previously recited narrow side, or are the newly defined first and second narrow side inclusive of the previously recited narrow side? A specific definition of a panel carrier, defined on page 10 of the instant disclosure, describes a panel carrier as having two narrow sides.
Claims 2-17 are rejected based on their dependence from claim 1.
Claim 9 recites that each one of the at least one broad sides are extending. It is unclear how this limits the claim. Is “extending” intended to be wider than “broad”, and if so, what are the limits of broad and the limits of extending?
Claim 10 recites that each one of the at least one narrow sides are slender. It is unclear how this limits the claim. Is “slender” intended to be thinner than “narrow”, and if so, what are the limits of narrow and the limits of slender?
Claim 13 recites “the minimum height of each of the four posts is higher than the maximum snow cover that is expected in winter”. How is the maximum snow cover that is expected in winter determined?
Relevant Prior Art
The examiner notes that all claims are rejected under U.S.C. 112(b) above. If the claims are clarified by amendment or persuasive argument, they will still be evaluated for patentability in view of the prior art.
As the claimed invention is currently defined, the closest prior art is WO2016/042583 (included in Applicant’s 11/19/2024 IDS), which teaches a free-standing structure with a box-shaped panel carrier, but does not teach that the carrier is inclined at a solar angle or supported by four posts, some of which also inclined at the solar angle. JP2019-68651A provides motivation to incline a similar panel carrier, and support it with posts, but does not teach some posts inclined at the solar angle.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ryan S Cannon whose telephone number is (571)270-7186. The examiner can normally be reached M-F, 8:30am-5:30pm PST.
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Ryan S. Cannon
Primary Examiner
Art Unit 1726
/RYAN S CANNON/ Primary Examiner, Art Unit 1726