Prosecution Insights
Last updated: April 19, 2026
Application No. 18/979,078

AUTOMATED SOLAR TRACKING COMPONENT INSTALLATION

Final Rejection §103§112
Filed
Dec 12, 2024
Examiner
DAM, DUSTIN Q
Art Unit
1721
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Nextpower LLC
OA Round
2 (Final)
22%
Grant Probability
At Risk
3-4
OA Rounds
5y 3m
To Grant
47%
With Interview

Examiner Intelligence

Grants only 22% of cases
22%
Career Allow 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
5y 3m
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
17.8%
-22.2% 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

§103 §112
DETAILED ACTION Summary This Office Action is in response to the Amendments to the Claims and Remarks filed December 15, 2025. In view of the Amendments to the Claims filed December 15, 2025, the rejection of claim 16 under 35 U.S.C. 112(b) previously presented in the Office Action sent September 30, 2025 has been withdrawn. In view of the Amendments to the Claims filed December 15, 2025, the rejections of claims 1-11 under 35 U.S.C. 102(a)(1) and 35 U.S.C. 103 previously presented in the Office Action sent September 30, 2025 have been substantially maintained and modified only in response to the Amendments to the Claims. Claims 1 and 4-20 are currently pending. 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 and 4-20 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 1 recites the limitation "the torque tube" on line 4. There is insufficient antecedent basis for this limitation in the claim. Dependent claims are rejected for dependency. Amending “the torque tube” to “a torque tube” would overcome the rejections. Claim 12 recites the limitation "the first curved" on line 9. There is insufficient antecedent basis for this limitation in the claim. Dependent claims are rejected for dependency. Amending “the first curved” to “the first curved surface” would overcome the rejections. 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) 1, 4-7, and 9-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mazzetti, JR. et al. (U.S. Pub. No. 2022/0193927 A1) in view of West et al. (U.S. Pub. No. 2014/0246549 A1). With regard to claim 1, Mazzetti, JR. et al. discloses a method for installing a solar module support rail at a solar tracking system, the method comprising the steps of: using a at a robotic device to locate a first torque tube fixation point at a first location along the torque tube (see Fig. 11 and see [0087] teaching “The follower robot can space out, and install the brackets 150, 180 to arm/torque tube with the brackets”; see [0128] teaching the robotic device uses sensors such as vision systems to assist with picking up and placing operations; see [0140] teaching robotic device configured to work with sensors and coded algorithms to pick up and place the solar panel modules; thus, at the time of the invention, it would have been obvious to a person having ordinary skill in the art to have used a locating sensor to locate the first location along the torque tube because Mazzetti, JR. et al. teaches using sensors to assist with placing the solar modules) and placing, via the robotic device, a first solar module support rail (see Fig. 9 depicting a first solar module support rail, the upper shaped section of 150; see [0087]) at the first location along a torque tube of the solar tracking system (see Fig. 11 and see [0087] teaching “The follower robot can space out, and install the brackets 150, 180 to arm/torque tube with the brackets” which is cited to include placing a first solar module support rail at a first location along a torque tube); using the robotic device to fixate the first solar module support rail at the first location along the torque tube (see Fig. 11 and see [0087] teaching “The follower robot can space out, and install the brackets 150, 180 to arm/torque tube with the brackets via the fastening mechanism down on the arm to the torquing specification”); moving the robotic device to a second, different location along the torque tube; placing a second solar module support rail at the second, different location along the torque tube (see Fig. 11 and see [0087] teaching “The follower robot can space out, and install the brackets 150, 180 to arm/torque tube with the brackets” which is cited to include a second solar module support rail at a second location along a torque tube and moving the robotic device to the second location); and using the sensor at the robotic device to locate a second torque tube fixation point at the second, different location along the torque tube (see Fig. 11 and see [0087] teaching “The follower robot can space out, and install the brackets 150, 180 to arm/torque tube with the brackets”; see [0128] teaching the robotic device uses sensors such as vision systems to assist with picking up and placing operations; see [0140] teaching robotic device configured to work with sensors and coded algorithms to pick up and place the solar panel modules; thus, at the time of the invention, it would have been obvious to a person having ordinary skill in the art to have used a locating sensor to locate the second location along the torque tube because Mazzetti, JR. et al. teaches using sensors to assist with placing the solar modules) and placing, via the robotic device, a second solar module support rail at the second, different location along the torque tube (see Fig. 9 depicting a first solar module support rail, the upper shaped section of 150; see [0087]); and using the robotic device to fixate the second solar module support rail at the second location along the torque tube (see Fig. 11 and see [0087] teaching “The follower robot can space out, and install the brackets 150, 180 to arm/torque tube with the brackets via the fastening mechanism down on the arm to the torquing specification”). Mazzetti, JR. et al. does not teach wherein the location sensor is an aperture location sensor to locate a first/second torque tube fixation aperture at the first/second locations along the torque tube. However, West et al. discloses a method for installing a solar module support rail (see Title and Abstract) and teaches providing torque tube fixation apertures at desired locations along a torque tube (see, for example, 1224, Fig. 12) to facilitate positioning with tab 1219 (see Fig. 12 and see [0062]). 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 torque tube at the first and second locations and solar module support rail of Mazzetti, JR. et al. to include first and second torque tube fixation apertures and corresponding tabs, as suggested by West et al., because it would have allowed for facilitating positioning of the solar module support rail on the torque tube. It would have also been obvious to a person having ordinary skill to have utilized the location sensors in the method of Mazzetti, JR. et al., as modified above, as aperture location sensors for locating first/second torque tube fixation apertures because Mazzetti, JR. et al. teaches using sensors to assist with placing the solar modules and the torque tube fixation apertures suggested by West et al. correspond to the desired location for the solar module support rails to be fixed. With regard to claim 4, independent claim 1 is obvious over Mazzetti, JR. et al. in view of West et al. under 35 U.S.C. 103 as discussed above. Mazzetti, JR. et al., as modified above, discloses wherein the robotic device comprises a placement arm (200, Fig. 11), wherein the placement arm holds the first solar module support rail while the aperture locating sensor at the robotic device is used to locate the first torque tube fixation aperture at the first location along the torque tube (as depicted in Fig. 11 and described in [0087], the placement arm 200 holds the cited first solar module support rail/upper shaped section of 150 while the cited aperture locating sensor at the robotic device is used to locate the cited first torque tube fixation aperture at the first location along the torque tube, as modified by West et al. above), and wherein the placement arm holds the second solar module support rail while the aperture locating sensor at the robotic device is used to locate the second torque tube fixation aperture at the second location along the torque tube (as depicted in Fig. 11 and described in [0087], the placement arm 200 holds the cited second solar module support rail/upper shaped section of 150 while the cited aperture locating sensor at the robotic device is used to locate the cited second torque tube fixation aperture at the second location along the torque tube, as modified by West et al. above). With regard to claim 5, dependent claim 4 is obvious over Mazzetti, JR. et al. in view of West et al. under 35 U.S.C. 103 as discussed above. Mazzetti, JR. et al., as modified above, discloses wherein the first solar module support rail comprises a support rail fixation aperture (as depicted in Fig. 9-10, the cited first solar module support rail/upper shaped section of 150 comprises a support rail fixation aperture), and wherein, when the placement arm holds the first solar module support rail, the robotic device logs a location of the support rail fixation aperture relative to the placement arm (see [0140] teaching when the placement arm 200 holds and raises the solar module near the location, GPS, computer vision system, and LIDAR system is used to place the solar modules on the torque tube, which would sense/track/log the location of the solar module; it would have been obvious at the time of the invention to have utilized the GPS, computer vision system, and LIDAR system to place the first solar module support rail, including the support rail fixation aperture, because Mazzetti, JR. et al. utilizing GPS, computer vision system, and LIDAR system to assist in placing solar modules on the torque tube). With regard to claim 6, dependent claim 4 is obvious over Mazzetti, JR. et al. in view of West et al. under 35 U.S.C. 103 as discussed above. Mazzetti, JR. et al., as modified above, discloses wherein, when the aperture locating sensor at the robotic device locates the first torque tube fixation aperture at the first location along the torque tube, the robotic device actuates the placement arm, holding the first solar module support rail, to place the first solar module support rail relative to the located first torque tube fixation aperture at the first location along the torque tube (see Fig. 11 and [0087], as modified above). With regard to claim 7, independent claim 1 is obvious over Mazzetti, JR. et al. in view of West et al. under 35 U.S.C. 103 as discussed above. Mazzetti, JR. et al. discloses wherein the robotic device comprises a fastening arm (200, Fig. 11), and wherein, after placing the first solar module support rail at the first location along the torque tube, using the robotic device to fixate the first solar module support rail at the first location along the torque tube comprises using the fastening arm of the robotic device to couple at least a clamping plate and a fastening member at the placed first solar module support rail at the first location along the torque tube to fixate the first solar module support rail at the first location along the torque tube (see Fig. 11 and see [0087] teaching “The follower robot can space out, and install the brackets 150, 180 to arm/torque tube with the brackets”; see Fig. 10 depicting clamping plate/lower shaped section of 150 and threaded fasteners/bolts). With regard to claim 9, dependent claim 7 is obvious over Mazzetti, JR. et al. in view of West et al. under 35 U.S.C. 103 as discussed above. Mazzetti, JR. et al. teaches wherein the fastening arm of the robotic device is used to drive the cited fastening member through the cited clamping plate and through the cited first solar module support rail (see Fig. 5 and Fig. 11) but does not teach driving the fastening member through the clamping plate and then through the first solar module support rail. However, driving the fastening member through the clamping plate and then through the first solar module support rail is one in a finite number of options immediately recognizable to a skilled artesian, finite options being driving the fastening member through the clamping plate and then through the first solar module support rail, driving the fastening member through the first solar module support rail and then through the clamping plate, or driving the fastening member through the clamping plate and through the first solar module support rail together. Thus, at the time of the invention, it would have been obvious to a person having ordinary skill in art to have tried driving the fastening member through the clamping plate and then through the first solar module support rail in the method of Mazzetti, JR. et al. because it is one in a finite number of options within the technical grasp of a skilled artesian (see MPEP 2143 E). With regard to claim 10, dependent claim 9 is obvious over Mazzetti, JR. et al. in view of West et al. under 35 U.S.C. 103 as discussed above. Mazzetti, JR. et al., as modified above, discloses wherein the first solar module support rail comprises a support rail fixation aperture (as depicted in Fig. 9-10, the cited first solar module support rail/upper shaped section of 150 comprises a support rail fixation aperture), wherein the fastening arm holds the clamping plate and the fastening member (see Fig. 10-11 and [0087]). Mazzetti, JR. et al., as modified above, discloses the fastening arm of the robotic device places the cited clamping plate/lower shaped section of 150 at the cited first solar module support rail/upper shaped section of 150 in alignment with the cited support rail fixation aperture and drives the cited fastening member/threaded fasteners/bolts through the cited clamping plate and through the cited support rail fixation aperture (see Fig. 10-11 and [0087]) but does not disclose driving the cited fastening member through the clamping plate and then through the support rail fixation aperture. However, driving the fastening member through the clamping plate and then through the first solar module support rail is one in a finite number of options immediately recognizable to a skilled artesian, finite options being driving the fastening member through the clamping plate and then through the first solar module support rail, driving the fastening member through the first solar module support rail and then through the clamping plate, or driving the fastening member through the clamping plate and through the first solar module support rail together. Thus, at the time of the invention, it would have been obvious to a person having ordinary skill in art to have tried driving the fastening member through the clamping plate and then through the first solar module support rail in the method of Mazzetti, JR. et al. because it is one in a finite number of options within the technical grasp of a skilled artesian (see MPEP 2143 E). With regard to claim 11, dependent claim 9 is obvious over Mazzetti, JR. et al. in view of West et al. under 35 U.S.C. 103 as discussed above. Mazzetti, JR. et al., as modified above, discloses wherein, Mazzetti, JR. et al., as modified above, discloses when the first solar module support rail is placed at the torque tube, the fastening arm of the robotic device is moved toward the first solar module support rail in a direction relative to the torque tube to drive the fastening member through the clamping plate and through the first solar module support rail (see Fig. 11 and [0087]) but does not teach wherein the direction relative to the torque tube is a direction opposite the torque tube. However, the direction opposite the torque tube is one in a finite number of immediately recognizable options, finite options being opposite, towards, or parallel. Thus, at the time of the invention, it would have been obvious to a person having ordinary skill in the art to have tried the direction opposite the torque tube because it is one in a finite number of options with in the technical grasp of a skilled artesian (see MPEP 2143 E). Mazzetti, JR. et al., as modified above, discloses driving the fastening member through the clamping plate and through the first solar module support rail (see Fig. 11 and [0087]) but does not teach driving the cited fastening member through the clamping plate and then through the first solar module support rail. However, driving the fastening member through the clamping plate and then through the first solar module support rail is one in a finite number of options immediately recognizable to a skilled artesian, finite options being driving the fastening member through the clamping plate and then through the first solar module support rail, driving the fastening member through the first solar module support rail and then through the clamping plate, or driving the fastening member through the clamping plate and through the first solar module support rail together. Thus, at the time of the invention, it would have been obvious to a person having ordinary skill in art to have tried driving the fastening member through the clamping plate and then through the first solar module support rail in the method of Mazzetti, JR. et al. because it is one in a finite number of options within the technical grasp of a skilled artesian (see MPEP 2143 E). Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mazzetti, JR. et al. (U.S. Pub. No. 2022/0193927 A1) in view of West et al. (U.S. Pub. No. 2014/0246549 A1), an in further view of Brost (U.S. Pub. No. 2010/0199972 A1). With regard to claim 8, dependent claim 7 is obvious over Mazzetti, JR. et al. in view of West et al. under 35 U.S.C. 103 as discussed above. Mazzetti, JR. et al. teaches wherein the fastening member is set and fastened by the fastening arm at the placed first solar module support rail and the first location along the torque tube (see Fig. 10-11 and [0087]) but does not teach wherein the fastening member comprises a blind rivet. However, Brost discloses a solar modules (see Title and Abstract) and teaches fastening members can conventional include bolts of blind rivets (see [0211]). Thus, at the time of the invention, it would have been obvious to a person having ordinary skill in the art to have substituted the fastening member of Mazzetti, JR. et al. for the blind rivet of Brost because the simple substitution of a known element known in the art to perform the same function supports a prima facie obviousness determination (see MPEP 2143 B). Response to Arguments Applicant's arguments filed December 15, 2025 have been fully considered but they are not persuasive. Applicant notes the newly added claimed limitations are not found within the previously cited prior art references. However, this argument is addressed in the rejections of the claims above. Allowable Subject Matter The following is a statement of reasons for the indication of allowable subject matter: Claim 12, from which claims 13-20 depend, is directed towards a solar module support rail assembly for automated installation at a solar tracking system comprising a solar module support rail comprising a central longitudinal region and a rail fixation aperture, the central longitudinal region comprising a first curved surface that spans a length along the central longitudinal region, the rail fixation aperture at the first curved surface, a fastening assembly comprising a clamping plate and a fastening member, the clamping plate comprises a second curved surface an a clamping plate fixation aperture that is at the second curved surface, the second curved surface wraps around at least a portion of the first curved surface and the clamping plate fixation aperture aligns with the rail fixation aperture, and in combination with the remaining limitations of claim 12. The prior art, including Mazzetti, JR. et al. and Taha et al. of record, does not disclose a solar module support rail assembly for automated installation at a solar tracking system comprising a solar module support rail comprising a central longitudinal region and a rail fixation aperture, the central longitudinal region comprising a first curved surface that spans a length along the central longitudinal region, the rail fixation aperture at the first curved surface, a fastening assembly comprising a clamping plate and a fastening member, the clamping plate comprises a second curved surface an a clamping plate fixation aperture that is at the second curved surface, the second curved surface wraps around at least a portion of the first curved surface and the clamping plate fixation aperture aligns with the rail fixation aperture, and in combination with the remaining limitations of claim 12 and it would not have been an obvious modification. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Conclusion THIS ACTION IS MADE FINAL. 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 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 4, 2026
Read full office action

Prosecution Timeline

Dec 12, 2024
Application Filed
Sep 25, 2025
Non-Final Rejection — §103, §112
Dec 15, 2025
Response Filed
Mar 04, 2026
Final Rejection — §103, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12603604
SOLAR MODULE MOUNT
2y 5m to grant Granted Apr 14, 2026
Patent 12593516
PHOTOVOLTAIC DEVICES AND METHODS OF MAKING
2y 5m to grant Granted Mar 31, 2026
Patent 12573851
ELECTRIC VEHICLE (EV) CHARGING SYSTEM WITH DOWN-SUN WIND TURBINE
2y 5m to grant Granted Mar 10, 2026
Patent 12568695
TANDEM SOLAR CELL
2y 5m to grant Granted Mar 03, 2026
Patent 12563860
ELECTRODE ASSEMBLY
2y 5m to grant Granted Feb 24, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

3-4
Expected OA Rounds
22%
Grant Probability
47%
With Interview (+25.2%)
5y 3m
Median Time to Grant
Moderate
PTA Risk
Based on 689 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month