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 .
This Office Action is in response to the Amendment dated July 9, 2026 . Currently, claims 1-24 are pending in the application.
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, 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) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harris et al. (US Patent No 11,290,053) (“Harris”)
Referring to claim 24: Harris teaches a roof mount, comprising: a base (item 14) installable on a roof; an adjustment assembly operatively coupled to the base, the adjustment assembly comprising a threaded shaft (item 3) extending along a first axis substantially perpendicular to the roof, an adjustment nut (item 7) constrained within the adjustment assembly, and a support nut (item 150), a clamp adjustably connected to the base by the adjustment assembly, wherein a distance between the clamp and the base is adjustable, the clamp comprising: a first clamp portion that includes a central portion (item 146), a first support surface (item 160) and a second support surface (item 160), the first support surface comprising an angled first portion (item 162) and a substantially horizontal second portion (item 160, 164), the first support surface configured to support a portion of a first solar panel, the central portion disposed between the first support surface and the second support surface (figure 64); and a second clamp portion (item 130); and a fastener (item 1) connected to the clamp, the fastener operable to tighten the second clamp portion to the first clamp portion, wherein the partially threaded shaft is configured to rotate freely with respect to the first clamp portion (item 3 operates freely of item 6). Harris does not teach the threaded shaft is partially threaded. However, it would have been obvious to one of ordinary skill in the art at the time of filing to use a partially threaded bolt in order to allow for easy sliding movement of the clamp on the bolt.
Response to Arguments
Applicant’s arguments, see pages 7-10, filed July 9, 2026, with respect to claims 1-23 have been fully considered and are persuasive. The 35 USC 103 rejection of claims 1-23 has been withdrawn.
Applicant's arguments pertaining to claim 24 have been fully considered but they are not persuasive.
Applicant has argued that item 3 of Harris does not freely rotate with respect to item 6 as the Examiner has now stated above. However, the Examiner contends that a threaded connection between item 3 and 6 as stated in column 6, lines 37-40 that allows item 6 to be raised or lowered still allows for free rotation. The threaded connection does not restrict rotation, only allows for rotation to be translated into vertical adjustment.
Allowable Subject Matter
Claims 1-23 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: the closest prior art of record being Harris does not teach the rotationally constrained adjustment nut. The jam nut (item 3) of Harris is required to rotate within the slot it is inserted into item 8 in order to allow the threaded shaft to rotate freely to adjust the height of item 6. Changing item 7 of Harris to be rotationally constrained would not allow item 3 to rotate and adjust the height.
Conclusion
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK J MAESTRI whose telephone number is (571)270-7859. The examiner can normally be reached M-Th 7-3.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at 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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/PATRICK J MAESTRI/Primary Examiner, Art Unit 3635
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