Prosecution Insights
Last updated: May 04, 2026
Application No. 18/942,234

SOLAR ENERGY APPARATUS FOR MODULAR BUILDINGS

Non-Final OA §102§103§112
Filed
Nov 08, 2024
Priority
Nov 09, 2023 — provisional 63/597,588 +1 more
Examiner
DAM, DUSTIN Q
Art Unit
1721
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Williams Scotsman Inc.
OA Round
1 (Non-Final)
22%
Grant Probability
At Risk
1-2
OA Rounds
3y 1m
Est. Remaining
47%
With Interview

Examiner Intelligence

Grants only 22% of cases
22%
Career Allowance Rate
148 granted / 689 resolved
-43.5% vs TC avg
Strong +25% interview lift
Without
With
+25.2%
Interview Lift
resolved cases with interview
Typical timeline
4y 7m
Avg Prosecution
46 currently pending
Career history
735
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
50.7%
+10.7% vs TC avg
§102
17.9%
-22.1% vs TC avg
§112
25.7%
-14.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 689 resolved cases

Office Action

§102 §103 §112
DETAILED ACTION Summary This is the initial Office Action based on the Solar Energy Apparatus for Modular Buildings filed November 8, 2024. Claims 1-20 are currently pending. Claim Objections Claim 11 is objected to because of the following informalities: Claim 11 recites, “a flexible PV panels” on line 1 which is grammatically incorrect. Appropriate correction is required. Amending “a flexible PV panels” to “flexible PV panels” would overcome the objection. 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 3, 4, 15, and 16 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. Claim 3 recites the limitation "the panel" on line 2. There is insufficient antecedent basis for this limitation in the claim. Dependent claim is rejected for dependency. Claim 3 recites the limitation "the panel" on line 3. There is insufficient antecedent basis for this limitation in the claim. Dependent claim is rejected for dependency. Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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. Claim(s) 1-5, 10, 11, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Natividad et al. (U.S. Pub. 2021/0273601 A1). With regard to claim 1, Natividad et al. discloses a solar apparatus for use with a mobile building, the solar apparatus comprising: an enclosure (enclosure 110, Fig. 1); and an array of photovoltaic panels (such as depicted in Fig. 1 and Fig. 9, the combination of panel support structure 104 extending vertically from skid 102 and panels 106 cited to read on the claimed array of photovoltaic panels), wherein a convexity of the array along a longitudinal direction of the solar apparatus defines an open space under the array (as depicted in Fig. 1, Fig. 9, and annotated Fig. 9 below, a convexity, interior angles less than 180°, of the cited array along a longitudinal direction of the solar apparatus defines an open space 108 under the cited array between skid 102 and panel support structure 104 of the cited array; also see [0021]), wherein PNG media_image1.png 337 496 media_image1.png Greyscale Annotated Fig. 9 the enclosure is positioned in the open space (as depicted in Fig. 1 and Fig. 9, the cited enclosure 110 is positioned in the cited open space 108). With regard to claim 2, Natividad et al. discloses further comprising a base frame member extending along the longitudinal direction of the solar apparatus (as depicted in Fig. 1, a base frame member 102 extending along the cited longitudinal direction of the solar apparatus), wherein: the base frame member is substantially straight (as depicted in Fig. 1, the cited base frame member 102 is substantially straight); and the open space is between the base frame member and the array of photovoltaic panels (as depicted in Fig. 1, the cited open space 108 is between the cited base frame member 102 and the cited array of photovoltaic panels 104/106). With regard to claim 3, Natividad et al. discloses wherein the convexity of the array is such that longitudinal ends of the panel are closer to the base frame member than a longitudinal center of the panel (as depicted in Fig. 1 and annotated Fig. 9 above, the cited convexity of the array is such that longitudinal ends of the panel at component 104 are closer to and contacting the cited base frame member 102 than a longitudinal center of the panel). With regard to claim 4, Natividad et al. discloses wherein the enclosure is positioned at the longitudinal center of the panel (as depicted in Fig. 1 and annotated Fig. 9 above, the cited enclosure 110 is positioned at the longitudinal center of the panel). With regard to claim 5, Natividad et al. discloses wherein: the base frame member comprises a first beam and a second beam, each defining a channel and spaced for receiving forks of a standardized forklift (as depicted in Fig. 1 and annotated Fig. 13 below, the cited base frame member 102 comprises a first beam and a second beam, each defining a channel and spaced for receiving forks of a standardized forklift; also see [0024] teaching “the solar skid may be delivered to the site and positioned as desired (e.g., using a forklift”); and PNG media_image2.png 487 562 media_image2.png Greyscale Annotated Fig. 13 the enclosure includes one or more inlet plugs to provide power to the solar apparatus (see [0005] teaching the cited enclosure 110 can include a plurality of batteries which necessarily includes an inlet plug, point of electrical connection, to the photovoltaic panels to provide power to the batteries of the solar apparatus) and one or more outlet plugs to enable access to power generated by and/or stored by the solar apparatus (see [0022] teaching ventilation system 120 includes fans powered using power stored in the plurality of batteries 116 which would necessarily include an outlet plug, point of electrical connection, to the ventilation system 120 enabling access to power generated by the photovoltaic panels and stored in the batteries of the solar apparatus). With regard to claim 10, Natividad et al. discloses further comprising: battery energy storage components positioned in the enclosure (as depicted in Fig. 2, battery energy storage components 116 positioned in the cited enclosure 110); and control components and electronics configured to manage energy from the photovoltaic panels or other energy source and to manage charging and discharging of the battery energy storage components (see [0022] teaching control electronics). With regard to claim 20, Natividad et al. discloses a solar assembly comprising: a first solar apparatus for use with a first mobile building (302, Fig. 6) comprising: an enclosure (enclosure 110, Fig. 1); and an array of photovoltaic panels (such as depicted in Fig. 1 and Fig. 9, the combination of panel support structure 104 extending vertically from skid 102 and panels 106 cited to read on the claimed array of photovoltaic panels), wherein a convexity of the array along a longitudinal direction of the first solar apparatus defines an open space under the array (as depicted in Fig. 1, Fig. 9, and annotated Fig. 9 below, a convexity, interior angles less than 180°, of the cited array along a longitudinal direction of the solar apparatus defines an open space 108 under the cited array between skid 102 and panel support structure 104 of the cited array; also see [0021]), wherein PNG media_image1.png 337 496 media_image1.png Greyscale Annotated Fig. 9 the enclosure is positioned in the open space (as depicted in Fig. 1 and Fig. 9, the cited enclosure 110 is positioned in the cited open space 108); and a second solar apparatus for use with a second mobile building (such as 304, Fig. 6); wherein the first solar apparatus is configured to electrically couple to the second solar apparatus (see [0025] and Fig. 6). Claim(s) 1 and 11-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen (U.S. Pub. 2023/0163721 A1). With regard to claim 1, Chen discloses a solar apparatus for use with a mobile building, the solar apparatus comprising: an enclosure (11, Fig. 2); and an array of photovoltaic panels (such as an array at component 13 of photovoltaic panels at the top portion of 131, the top portion of 131’, and the top portion of 131’’), wherein a convexity of the array along a longitudinal direction of the solar apparatus defines an open space under the array (as depicted in Fig. 2, a convexity of the cited array at component 13 along a longitudinal direction of the solar apparatus defines an open space under the array between the cited array and base 31), wherein the enclosure is positioned in the open space (see Fig. 2 depicting the cited enclosure 11 positioned in the cited open space). With regard to claim 11, Chen discloses wherein the array comprises a flexible PV panels coupled to a flexible backing sheet to form a panel assembly (as depicted in Fig. 2, the cited array at comment 13 comprises flexible PV panels, such as the top portion of 131, the top portion of 131’, and the top portion of 131, coupled to a flexible backing sheet, such as the bottom portion of 131, the bottom portion of 131’, and the bottom portion of 131’’, to form a panel assembly). With regard to claim 12, Chen discloses further comprising a curved frame comprising a beam (a curved frame, see Fig. 11 and Fig. 12, comprising a beam 711), the beam comprising a groove (between 714, Fig. 12), an edge of the panel assembly received in the groove (as depicted in Fig. 11 and Fig. 12, an edge of the panel assembly 131/132 received in the cited groove between 714). With regard to claim 13, Chen discloses further comprising an additional array moveable relative to the array (such as depicted in Fig. 2, an additional array at component 13’ having photovoltaic panels 131 moveable relative to the cited array at component 13), the additional array having a curvature substantially matching the convexity of the array (as depicted in Fig. 2 and Fig. 10, the cited additional array at 13’ having a curvature substantially matching the convexity of the cited array at component 13). Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Natividad et al. (U.S. Pub. 2021/0273601 A1) in view of Campus et al. (U.S. Pub. No. 2020/0144824 A1). With regard to claim 6, dependent claim 2 is anticipated by Natividad et al. under 35 U.S.C. 102(a)(1) as discussed above. Natividad et al. discloses further comprising: a second enclosure positioned in the open space (such depicted in Fig. 2, an enclosure 112 and a second enclosure 114). Natividad et al. does not disclose further comprising a lateral base frame member extending along a lateral direction of the solar apparatus and first and second junction boxes extending along the later base frame member. However, Campus et al. discloses a solar apparatus (see Title and Abstract) and teaches an enclosure beneath an array of photovoltaic panels can include metal channels for supporting and attaching junction boxes in order to optimally use the space within the enclosure (see [0053-0054] teaching enclosure/container including internal support system wherein the cited “metal channel” is cited to read on the claimed lateral base frame member and the cited “junction boxes” are cited to read on the claimed first junction box and second junction box; the cited first and second junction boxes are cited to read on the claimed “extending along the lateral base frame member” because they are attached to the cited lateral base frame member and include a dimension stretching in the direction of the cited lateral base frame member). Thus, at the time of the invention, it would have been obvious to a person having ordinary skill in the art to have modified the solar apparatus of Natividad et al. to include a lateral base member and junction boxes, as suggested by Campus et al., because it would have provided optimal use of the space within the enclosure. Natividad et al., as modified above, teaches the cited lateral base frame member extending along a lateral direction of the solar apparatus because the cited lateral base frame member, being three-dimensional, has a dimension stretching in a lateral direction of the solar apparatus. Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Natividad et al. (U.S. Pub. 2021/0273601 A1) in view of Goei et al. (U.S. Pub. No. 2016/0173026 A1). With regard to claim 7, dependent claim 2 is anticipated by Natividad et al. under 35 U.S.C. 102(a)(1) as discussed above. Natividad et al. does not disclose wherein the array is coupled to a flexible fabric. However, Goei et al. discloses a solar apparatus (see Fig. 1) and teaches an array of photovoltaic panels 104 can coupled to a flexible fabric 106 in order to protect the photovoltaic panels and encase wiring interconnections (see [0030]). Thus, at the time of the invention, it would have been obvious to a person having ordinary skill in the art to have modified the array in the solar apparatus of Natividad et al. to couple to a flexible fabric, as suggested by Goei et al., because it would have provided for protecting the photovoltaic panels and encasing wiring interconnections. Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Natividad et al. (U.S. Pub. 2021/0273601 A1) in view of Michael et al. (U.S. Pub. No. 2022/0360059 A1). With regard to claim 8, dependent claim 2 is anticipated by Natividad et al. under 35 U.S.C. 102(a)(1) as discussed above. Natividad et al. does not disclose further comprising a cable management frame. However, Michael et al. discloses a solar apparatus (see Fig. 2) and teaches a cable management frame (400a, Fig. 4A) comprising a vertical portion; a longitudinal portion extending along the longitudinal direction of the solar apparatus, as it has a dimension stretching in the direction of the longitudinal direction of the solar apparatus, the longitudinal portion centered on the vertical portion; a plurality of hooks extending from the longitudinal portion; and a plurality of bumpers extending from the longitudinal portion (see Fig. 4A and annotated Fig. 4A below). PNG media_image3.png 488 763 media_image3.png Greyscale Annotated Fig. 4A Michael et al. teaches the cable management frame allows for solar cables to be retained and organized (see [0002] and [0035]). Thus, at the time of the invention, it would have been obvious to a person having ordinary skill in the art to have modified the solar apparatus of Natividad et al. to include the cited cable management frame of Michael et al. because it would allow for solar cables to be retained and organized. Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Natividad et al. (U.S. Pub. 2021/0273601 A1) in view of Kulik (U.S. Pub. No. 2021/0323430 A1). With regard to claim 9, independent claim 1 is anticipated by Natividad et al. under 35 U.S.C. 102(a)(1) as discussed above. Natividad et al. does not disclose wherein the enclosure is configured to slide from a stowed position in the open space under the array to an access position laterally extending from the array. However, Kulik discloses a solar apparatus (see Abstract) and teaches a battery enclosure 850 can include a tray configured to slide from a stowed position under an array to an access position laterally extending from the array (see Fig. 12) in order to provide for removal of the battery pack (see [0123]). Thus, at the time of the invention, it would have been obvious to a person having ordinary skill in the art to have modified the enclosure in the solar apparatus of Natividad et al. to include a slidable tray, as suggested by Kulik, because it would have allowed for removal of the batteries. Allowable Subject Matter Claims 14-18 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. Claim 19 is allowed. The following is a statement of reasons for the indication of allowable subject matter: Claim 14, from which claims 15 and 16 depend, requires a solar apparatus for use with a mobile building comprising an enclosure, an array of photovoltaic panels, a convexity of the array defines an open space, wherein the enclosure is positioned in the open space, an additional array having a curvature substantially matching the convexity of the array, a cable management system configured to maintain, throughout a range of motion of the additional array, a constant distance for a path of travel for a cable extending between the additional array and the enclosure, and in combination with the remaining limitations of claim 14. The prior art, including Chen of record, does not disclose a solar apparatus for use with a mobile building comprising an enclosure, an array of photovoltaic panels, a convexity of the array defines an open space, wherein the enclosure is positioned in the open space, an additional array having a curvature substantially matching the convexity of the array, a cable management system configured to maintain, throughout a range of motion of the additional array, a constant distance for a path of travel for a cable extending between the additional array and the enclosure, and in combination with the remaining limitations of claim 14 and it would not have been an obvious modification. Claim 17 requires a solar apparatus for use with a mobile building comprising an enclosure, an array of photovoltaic panels, a convexity of the array defines an open space, wherein the enclosure is positioned in the open space, corner post, a clamp, connectors coupling the corner posts to the clamp, support legs coupled to the clamp and extending along a height of the mobile building, and in combination with the remaining limitations of claim 17. The prior art, including Natividad et al. and Chen, does not disclose a solar apparatus for use with a mobile building comprising an enclosure, an array of photovoltaic panels, a convexity of the array defines an open space, wherein the enclosure is positioned in the open space, corner post, a clamp, connectors coupling the corner posts to the clamp, support legs coupled to the clamp and extending along a height of the mobile building, and in combination with the remaining limitations of claim 17 and it would not have been an obvious modification. Claim 18 requires a solar apparatus for use with a mobile building comprising an enclosure, an array of photovoltaic panels, a convexity of the array defines an open space, wherein the enclosure is positioned in the open space, corner posts, wherein a height of the corner posts is greater than a height of the array and the corner posts facilitate stacking of the solar apparatus on or under an additional apparatus and in combination with the remaining limitations of claim 18. The prior art, including Natividad et al. and Chen, does not disclose a solar apparatus for use with a mobile building comprising an enclosure, an array of photovoltaic panels, a convexity of the array defines an open space, wherein the enclosure is positioned in the open space, corner posts, wherein a height of the corner posts is greater than a height of the array and the corner posts facilitate stacking of the solar apparatus on or under an additional apparatus and in combination with the remaining limitations of claim 18 and it would not have been an obvious modification. Claim 19 requires a first solar apparatus comprising a first enclosure, a first array of photovoltaic panels, a convexity of the first array defines an open space under the first array, wherein the first enclosure is positioned in the open space, a first base frame member, a second solar apparatus comprising a second base frame member, a cradle extending along the longitudinal direction of the first solar apparatus configured to receive the first base frame member and the second base frame member and couple to the mobile building, and in combination with the remaining limitations of claim 19. The prior art, including Natividad et al. and Chen, does not disclose a first solar apparatus comprising a first enclosure, a first array of photovoltaic panels, a convexity of the first array defines an open space under the first array, wherein the first enclosure is positioned in the open space, a first base frame member, a second solar apparatus comprising a second base frame member, a cradle extending along the longitudinal direction of the first solar apparatus configured to receive the first base frame member and the second base frame member and couple to the mobile building, and in combination with the remaining limitations of claim 19 and it would not have been an obvious modification. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DUSTIN Q DAM whose telephone number is (571)270-5120. The examiner can normally be reached Monday through Friday, 6:00 AM to 2:00 PM. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /DUSTIN Q DAM/Primary Examiner, Art Unit 1721 March 28, 2026
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Prosecution Timeline

Nov 08, 2024
Application Filed
Mar 28, 2026
Non-Final Rejection — §102, §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
22%
Grant Probability
47%
With Interview (+25.2%)
4y 7m (~3y 1m remaining)
Median Time to Grant
Low
PTA Risk
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