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 .
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-20 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-20 of prior U.S. Patent No. 12,231,078 B1. This is a statutory double patenting rejection.
Each of claims 1-20 of U.S. Patent No. 12,231,078 B1 is same as each of instant claims 1-20, respectively.
Prior Art Rejections
The search did not reveal any pertinent art that discloses a mounting assembly as required by instant claims.
US 2020/0052643 A1) to Ballentine et al. is the closest prior art. Ballentine discloses a mounting assembly for a solar module (solar tracker system 100, see figures), comprising a rail (130, fig. 1 and [0028]) for mounting solar module (190, fig. 1 and [0028]), a saddle (400, figures 1-4, [0028]) comprising a saddle body (410, fig. 4 and [0058]) and first and second saddle arms (peripheral portions, see figure 4), and further discloses the saddle (400) having apertures through which the fasteners (bolts) pass through (see figure 4). Ballentine further discloses that torque tube (150, fig. 1 and [0028]) passing through the saddle (see figures and 1).
However, Ballentine does not disclose a mounting assembly as required by instant claim 1 or 18.
Instant application is directed to a mounting assembly (104, figure 2) for a solar module comprising a rail (112, fig. 4) and a saddle (114, fig. 5). Figures 4 and 5 of instant application are annotated below.
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Instant application discloses the mounting assembly as claimed allows for quick and efficient solar module assembly ([0005]) by eliminating cumbersome frames, attachment members or technique ([0004]).
Conclusion
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/GOLAM MOWLA/ Primary Examiner, Art Unit 1721