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 .
Election/Restrictions
Applicant’s election without traverse of Species V in the reply filed on 6/16/2026 is acknowledged.
Claim Rejections - 35 USC § 102
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.
Claims 21-24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Aftanas US 2011/0214365 (hereinafter Aftanas).
Re. Cl. 21, Aftanas discloses: A mounting system (Fig. 4) to secure a photovoltaic module (see Fig. 7), comprising: a clamp (12, Fig. 3a) comprising: a wall (wall where 26 penetrates, Fig. 3a) including a first surface, a second surface (top and bottom surfaces, Fig. 3a), and a first aperture that extends between the first surface and the second surface (26, Fig. 3a); an arm (18, Fig. 3a) extending from the wall and including a clamping surface (20, Fig. 3a); a first sidewall (left 16, Fig. 3a) extending from the wall to a first end and including a first interior surface (see Fig. 3a, first end at 24 and interior surface of left 16); and a second sidewall (right 16, Fig. 3a) extending from the wall to a second end and including a second interior surface (see Fig. 3a, to second end at 24 and interior surface of right 16), wherein the first interior surface, the second interior surface, and the second surface of the wall define a clamp cavity (see Fig. 3a, where 14 occupies in Fig. 5); a mounting base (14 and 54, Fig. 3a-4), the mounting base comprising: a body (14, Fig. 3a) including a second aperture (32a, Fig. 3) and at least one exterior surface (see Fig. 3, exterior of 14), wherein the at least one exterior surface is configured to interface with at least a portion of the first interior surface of the first sidewall and at least a portion of the second interior surface of the second sidewall when the clamp is coupled to the mounting base (see Fig. 4-7); and a platform (54, Fig. 3) including a mounting surface (top surface of 54 as shown by reference character 68 in Fig. 4), wherein the mounting surface of the mounting base and the clamping surface of the arm at least partially define a photovoltaic module cavity that is configured to receive and secure the photovoltaic module (see Fig. 5 and 7); and a fastener (46, Fig. 3a) insertable into the first aperture of the wall of the clamp and the second aperture of the body of the mounting base to couple the clamp to the mounting base (see Fig. 4-7).
Re. Cl. 22, Aftanas discloses: the body is a stanchion comprising an arcuate exterior surface (see Fig. 3) configured to interface with the at least a portion of the first interior surface of the first sidewall and the at least a portion of the second interior surface of the second sidewall (see Fig. 5).
Re. Cl. 23, Aftanas discloses: the platform is a mounting plate including the mounting surface (see 54, Fig. 4), and wherein the stanchion is removably attachable to the mounting plate (see Fig. 4, via 46).
Re. Cl. 24, Aftanas discloses: the body includes at least two opposing surfaces (40, Fig. 3-4) inset a predetermined depth within the arcuate exterior surface (see Fig. 3-5, to engage with 46).
Claims 21, 25, 27, 29-37 and 39-40 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kemmer US 9175878 (hereinafter Kemmer).
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Re. Cl. 21, Kemmer discloses: A mounting system (Fig. 2) to secure a photovoltaic module (see Fig. 1), comprising: a clamp (9, Fig. 2-3) comprising: a wall (14, Fig. 3) including a first surface, a second surface (top and bottom of 14, Fig. 3), and a first aperture (39, Fig. 3) that extends between the first surface and the second surface (see Fig. 2-3); an arm (15, Fig. 3) extending from the wall and including a clamping surface (44, Fig. 3); a first sidewall (12, Fig. 3) extending from the wall to a first end and including a first interior surface (see Fig. 2-3); and a second sidewall (13, Fig. 3) extending from the wall to a second end and including a second interior surface (see Fig. 2-3), wherein the first interior surface, the second interior surface, and the second surface of the wall define a clamp cavity (see Fig. 2,w here 8 lies within); a mounting base (7 and 8, Fig. 3), the mounting base comprising: a body (8, Fig. 3) including a second aperture (41, 21 Fig. 3) and at least one exterior surface (see 54 Fig. 3), wherein the at least one exterior surface is configured to interface with at least a portion of the first interior surface of the first sidewall and at least a portion of the second interior surface of the second sidewall when the clamp is coupled to the mounting base (see Fig. 2); and a platform (7, Fig. 3) including a mounting surface (45, Fig. 3), wherein the mounting surface of the mounting base and the clamping surface of the arm at least partially define a photovoltaic module cavity that is configured to receive and secure the photovoltaic module (see Fig. 1-3); and a fastener (36, Fig. 3) insertable into the first aperture of the wall of the clamp and the second aperture of the body of the mounting base to couple the clamp to the mounting base (see Fig. 2).
Re. Cl. 25, Kemmer discloses: at least a portion of the mounting surface is substantially planar (see Fig. 2-3).
Re. Cl. 27, Kemmer discloses: the at least a portion of the first interior surface of the first sidewall is spaced from the at least a portion of the second interior surface of the second sidewall by at most a width of the body (see Fig. 2, as having the width of 9 fit tightly between 13 and 12).
Re. Cl. 29, Kemmer discloses: the first sidewall includes a first portion proximate to the wall that transitions to a second portion proximate to the first end (see annotated figure 3), wherein the second portion includes the at least a portion of the first interior surface of the first sidewall (see Fig. 3), wherein the second sidewall includes a third portion proximate to the wall that transitions to a fourth portion proximate to the second end (see annotated figure 3), wherein the fourth portion includes the at least a portion of the second interior surface of the second sidewall (see Fig. 3), wherein the first portion of the first sidewall is spaced from the third portion of the second sidewall by a first distance, and wherein the second portion of the first sidewall is spaced from the fourth portion of the second sidewall by a second distance (see Fig. 3, there is a distance between entirety of walls 12 and 13).
Re. Cl. 30, Kemmer discloses: the first distance is at least equal to the second distance (see Fig. 2, the distance between 12 and 13 remains constant).
Re. Cl. 31, Kemmer discloses: the first sidewall further comprises a first exterior surface, and wherein the second sidewall further comprises a second exterior surface (see Fig. 2-3).
Re. Cl. 32, Kemmer discloses: at least a portion of the first exterior surface further defines the photovoltaic module cavity (see Fig. 1).
Re. Cl. 33, Kemmer discloses: at least a portion of the second exterior surface further defines the photovoltaic module cavity (see Fig. 1).
Re. Cl. 34, Kemmer discloses: at least a portion of the at least one exterior surface of the body of the mounting base further defines the photovoltaic module cavity (see Fig. 1).
Re. Cl. 35, Kemmer discloses: the first aperture or the second aperture is threaded for engagement with the fastener when inserted into the first aperture and the second aperture (see 26, Fig. 3).
Re. Cl. 36, Kemmer discloses: the clamping surface of the clamp and the mounting surface of the mounting base are substantially parallel (see Fig. 4, 44 and 45 are substantially parallel).
Re. Cl. 37, Kemmer discloses: a mounting device (screws Col. 7, Lines 24-26) configured to couple to a building surface (see 5, Fig. 1), wherein the mounting base is couplable to the mounting device (see Fig. 2-3 via openings 42), and wherein the system is configured to secure the photovoltaic module to the building surface via engagement of the mounting device to the building surface (see Fig. 1).
Re. Cl. 39, Kemmer discloses: A mounting system (Fig. 3) to secure a photovoltaic module (see Fig. 1), comprising: a clamp (9, Fig. 3) comprising: a wall (14, Fig. 3) including a first surface and a second surface (top and bottom of 14, Fig. 3);an arm (15, Fig. 3) extending from the wall and including a clamping surface (44, Fig. 3);a first sidewall (12, Fig. 3) extending from the wall to a first end and including a first interior surface (see Fig. 2-3); and a second sidewall (13, Fig. 3) extending from the wall to a second end and including a second interior surface (see Fig. 2-3),wherein the first interior surface, the second interior surface, and the second surface of the wall define a clamp cavity (see Fig. 2-3, where 8 fits in); a mounting base (7 and 8, Fig. 3), the mounting base comprising: a body (8, Fig. 3) including at least one exterior surface (54, Fig. 3), wherein the at least one exterior surface is configured to interface with at least a portion of the first interior surface of the first sidewall and at least a portion of the second interior surface of the second sidewall when the clamp is coupled to the mounting base (see Fig. 2); and a platform (7, Fig. 3) including a mounting surface (45, Fig. 3), wherein the mounting surface of the mounting base and the clamping surface of the arm at least partially define a photovoltaic module cavity that is configured to receive and secure the photovoltaic module (see Fig. 1), and wherein the body is separably attachable to the platform (see Fig. 3, using 18-20 and 29-32); and a fastener (36, Fig. 3) insertable into the clamp and the body of the mounting base to couple the clamp to the mounting base (see Fig. 2).
Re. Cl. 40, Kemmer discloses: A mounting system (Fig. 3) to secure a photovoltaic module (see Fig. 1), comprising: a clamp (9, Fig. 3) comprising: a wall (14, Fig. 3) including a first surface and a second surface (top and bottom surfaces of 14, Fig. 3);an arm (14, Fig. 3) extending from the wall and including a clamping surface (44, Fig. 3);a first sidewall (15, Fig. 3) extending from the wall to a first end and including a first interior surface (see Fig. 2-3); and a second sidewall (13, Fig. 3) extending from the wall to a second end and including a second interior surface (see Fig. 2-3),wherein the first interior surface, the second interior surface, and the second surface of the wall define a clamp cavity (see Fig. 2, as accommodating 8); a mounting base (7 and 8, Fig. 3), the mounting base comprising: a body (8, Fig. 3) including at least one exterior surface (54, Fig. 3), wherein the at least one exterior surface is configured to interface with at least a portion of the first interior surface of the first sidewall and at least a portion of the second interior surface of the second sidewall when the clamp is coupled to the mounting base (see Fig. 2); and a platform (7, Fig. 3) including a mounting surface (45, Fig. 3), wherein the mounting surface of the mounting base and the clamping surface of the arm at least partially define a photovoltaic module cavity that is configured to receive and secure the photovoltaic module (see Fig. 1); a fastener (36, Fig. 3) insertable into the wall of the clamp and the body of the mounting base to couple the clamp to the mounting base (see Fig. 2), and a mounting device (screws, Col. 7, Lines 24-26) couplable to the mounting base (via 42, Fig. 3) and to a building surface to secure the photovoltaic module to the building surface (see Fig. 1 and Col. 7, Lines 24-26).
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.
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 26 is rejected under 35 U.S.C. 103 as being unpatentable over Kemmer in view of Plaisted US 2008/0053517 (hereinafter Plaisted).
Re. Cl. 26, Kemmer does not disclose the platform includes at least one projection that extends from the mounting surface to engage the photovoltaic module when received within the photovoltaic module cavity. Plaisted discloses a pv module mount system (Fig. 5) which includes a platform (see surface having 510, Fig. 5) having at least one projection (510) that extends from the mounting surface to engage the photovoltaic module when received within the photovoltaic module cavity (see Fig. 5, to engage with 504).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Kemmer platform to have the projections of Plaisted with reasonable expectation of success since Plaisted states that such a modification promotes electrical bonding in a mounting system by penetrating into the solar module (Paragraph 0043-0044).
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over Kemmer in view of Pfar US 4132390 (hereinafter Pfar).
Re. Cl. 28, Kemmer discloses the at least a portion of the first interior surface of the first sidewall is spaced from the at least a portion of the second interior surface of the second sidewall such that the at least one exterior surface, the at least a portion of the first interior surface of the first sidewall, and the at least a portion of the second interior surface of the second sidewall interface (see Fig. 2). However, Kemmer does not disclose that the spacing is by less than a width of the body and that they fit together with an interference fit. Pfar discloses a fitting (Fig. 7, 9, 11) between interior surfaces of first and second sidewalls (see Fig. 7 for example, between 29 and 31) and a body (36) wherein the first and second interior surfaces of the sidewalls are spaced by less than a width of the body such that the body and sidewalls fit together via an interference fit (see Fig. 7; and Abstract, Lines 7-9; “press-fit”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Kemmer device to have its body and sidewalls fit together using an interference fit as disclosed by Pfar with reasonable expectation of success since Pfar states that such a modification holds the device in place (Abstract, Lines 7-9). Such a modification would be particularly useful in preventing unwanted shifting of the body relative to the sidewalls during use if the fastener was somehow loosened (i.e. by vibrations or loosening over time).
Claims 21 and 37-38 is rejected under 35 U.S.C. 103 as being unpatentable over Fechner DE 10056177 (hereinafter Fechner) in view of Kemmer.
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Re. Cl. 21, Fechner discloses: A mounting system (Fig. 5 and 2, 10 from Fig. 4) to secure a photovoltaic module (see Fig. 4, the device is capable of being used in the claimed intended use), comprising: a clamp (28, Fig. 5) comprising: a wall (see annotated figure 5) including a first surface, a second surface (top and bottom of 28, Fig. 5), and a first aperture (where 19 penetrates, Fig. 5) that extends between the first surface and the second surface (see Fig. 5); an arm (see annotated figure 5) extending from the wall and including a clamping surface (flat surfaces of the annotated arm, Fig. 5); a mounting base (12, 18 Fig. 5), the mounting base comprising: a body (12, Fig. ) including a second aperture (where 19 penetrates into 14b Fig. 5) and at least one exterior surface (see exterior of 12 Fig. 5); and a platform (18, Fig. 5) including a mounting surface (flat surface of 18 outside the opening where 15a penetrates, Fig. 5), wherein the mounting surface of the mounting base and the clamping surface of the arm at least partially define a photovoltaic module cavity that is configured to receive and secure the photovoltaic module (see Fig.4, when in use the annotated portion of the arm would face the flat portion of 18 and thus create a cavity configured to receive a PV module as claimed in the intended use); and a fastener (19, Fig. 5) insertable into the first aperture of the wall of the clamp and the second aperture of the body of the mounting base to couple the clamp to the mounting base (see Fig. 4-5).
Re. Cl. 37, Fechner discloses: a mounting device (16, Fig. 5) configured to couple to a building surface (see Fig. 4, 2), wherein the mounting base is couplable to the mounting device (see Fig. 4), and wherein the system is configured to secure the photovoltaic module to the building surface via engagement of the mounting device to the building surface (see Fig. 4).
Re. Cl. 38, Fechner discloses: the mounting base further comprises a third aperture (see opening in 18, Fig. 5), wherein the mounting device comprises a fourth aperture (see Fig. 5, opening in 16), and wherein the body and the platform are couplable to the mounting device via a second fastener (15a, Fig. 5) secured through the third aperture and the fourth aperture (see Fig. 4).
Re. Cl. 21, Fechner does not disclose a first sidewall extending from the wall to a first end and including a first interior surface; and a second sidewall extending from the wall to a second end and including a second interior surface, wherein the first interior surface, the second interior surface, and the second surface of the wall define a clamp cavity; wherein the at least one exterior surface is configured to interface with at least a portion of the first interior surface of the first sidewall and at least a portion of the second interior surface of the second sidewall when the clamp is coupled to the mounting base. Kemmer discloses a mounting system (Fig. 3) which includes a clamp (9, Fig. 3) having a wall (14, Fig. 3), a first sidewall (12, Fig. 3) extending from the wall to a first end and including a first interior surface (see Fig. 3); and a second sidewall (13, Fig. 3) extending from the wall to a second end and including a second interior surface (see Fig. 3), wherein the first interior surface, the second interior surface, and the second surface of the wall define a clamp cavity (see Fig. 2-3); a mounting base (8, 7 Fig. 3) comprising a body (8, Fig. 3) having a second aperture (41, Fig. 3) and at least one exterior surface (see 54, Fig. 3) wherein the at least one exterior surface is configured to interface with at least a portion of the first interior surface of the first sidewall and at least a portion of the second interior surface of the second sidewall when the clamp is coupled to the mounting base (see Fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective fling date of the claimed invention to modify the Fechner device to include the sidewalls of Kemmer with reasonable expectation of success since Kemmer states that such a modification holds the body in a rotation-fast manner due to their matching shapes (Col. 7, Lines 38-45). Such a modification would make the assembly easier since the body would not be able to move relative to the clamp, thus making the fastening process easier.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ganshaw US 2016/0111997, Haddock US 8627617 and Kmita US 2011/0138585 disclose other known mounting systems presented to the Applicant for their consideration.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E GARFT whose telephone number is (571)270-1171. The examiner can normally be reached Monday-Friday 8:00 a.m. to 5:00 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached at (571)272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER GARFT/Primary Examiner, Art Unit 3632
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