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 .
Status of Claims
Claims 1-20 are pending. Claims 1-6 and 15-20 are withdrawn. Claims 7-14 are examined below.
Election/Restrictions
Applicant's election with traverse of group II, claims 7-14, in the reply filed on 2/27/2026 is acknowledged. The traversal is on the ground(s) that there is not a serious search burden. This argument is not found persuasive because regardless of search method, invention of different limitations will require different search strategies, and times to consider the relevancy of collective references would increase proportionally.
The requirement is still deemed proper and is therefore made FINAL.
The examiner notes that the method of making an installation is subject to rejoinder when applicant has included all the limitations of a device claim that has been found allowable. The rotatable angle is not subject to rejoinder.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “an axis” recited in claim 7 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
The terminology “a side of the side surface” is not clear.
The terminology “the side surface having at least one elongated angled aperture aligned with at least one aperture forming an axis, a side of the side surface and the axis are aligned parallel” is not clear. What portion of the elongated angle aperture forms an axis? What is meant by axis?
The definition of an axis is “an axis is a real or imaginary straight line that serves as a central reference point for rotation, symmetry, or measurement”, Merriam-Webster. How is an axis drawn that results in symmetry of the elongated angled aperture when aligned with apertures in the side surface of the angle. The examiner can identify an axis of rotation, but this does not line up with all of applicant’s use of the term.
Appropriate correction is required.
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 7-14 are 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.
Regarding claim 7, applicant recites in lines 3-5 “the rafter having a first end and a second end, … the first end or second end having at least two apertures”. In lines 10-12, applicant recites “the side surface having at least one elongated angled aperture aligned with at least one aperture forming an axis”. As there is no nomenclature distinguishing the “at least two apertures” and “at least one aperture”, it is unclear whether the at least one aperture is one of the at least two apertures. Clarification is required.
Regarding claim 7, applicant recites in lines 14-16, “wherein in a first state, the at least two apertures of the rafter and the axis are not aligned parallel, wherein in a second state, the at least two apertures of the rafter and the axis are aligned parallel”. Although these exact words are found in applicant’s specification (see para [0022]), the examiner was unable to identify an embodiment where this is true. As it is an aperture in the rafter that defines the axis, the axis remains constant in relation to the rafter and the apertures within the rafter. As shown in fig. 13, the axis, which as understood by the examiner, is the axis of bolt 29. The axis is not parallel to two apertures in the side surface of the angle, but the axis is aligned, and remains aligned, with the apertures in the rafter. Clarification is required.
Regarding claim 7, applicant recites in lines 10-11, “the side surface having at least one elongated angled aperture aligned with at least one aperture forming an axis”. Above, the examiner identified to the best of their ability to determine the definition of axis formed by the elongated aperture and “an aperture”. There is no certainty as this is the correct definition, specifically as one is not provided in the specification or the claims. Applicant must define the axis. Specifically, in applicant’s specification (para [0058]), applicant recites “an axis of the alignment of the at least one apertures 25”, aperture 25 being round apertures in the side wall, not recited in claim 7. Further, in the claims and earlier, the axis is defined as being formed by the elongated aperture and “an aperture”, not specifying where the aperture is located. But, para [0058] makes no mention of the elongated aperture in the side wall. This must be clarified. See drawing rejection above.
Claim 7 is directed to a device. In claim 7, applicant refers to a “first state” and a “second state”. The “first state” appears to be actions during the installation phase and not describing the finished device. As the angle does not have a first state and a second state as in the completed device, this must be clarified in the claim language. To prevent identification of the “first state” as intended use, applicant can rely on “configured to” or “adapted to” language in describing the first state, i.e., an angle configured to comprise a first state during installation of the solar cell, rotating to a second state, wherein …
Claims 8-14 are rejected as being dependent on claim 7.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Stephan et al. (US 2025/0392250), Stephan (US 2025/0175115), Riermeier et al. (US 4,838,951).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAYNE L MERSHON whose telephone number is (571)270-7869. The examiner can normally be reached 10:00 to 6:00 M-F.
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, Allison Bourke can be reached at (303) 297-4684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JAYNE L. MERSHON
Primary Examiner
Art Unit 1721
/JAYNE L MERSHON/ Primary Examiner, Art Unit 1721
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