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 .
Application Status
Claims 1-20 are pending and have been examined in this application.
This communication is the first action on the merits.
Claims 1-20 are rejected herein.
Information Disclosure Statement
As of the date of this action, an information disclosure statement (IDS) has been filed on 05/27/2025 and reviewed by the Examiner.
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 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 pre-AIA 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3 and 7 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Stearns (U.S. Pat. Pub. No. 20150288320 A1).
Regarding claim 1, Habdank teaches a rail-less roof mounting apparatus comprising:
a clamp assembly including:
a first clamp portion (Fig. 5; 11) configured to clamp against a top surface of a solar panel module, and
a second clamp portion (12) configured to engage the first clamp portion, the second clamp portion including:
a fastener section (portion of 12 receiving 10) configured to receive a fastener (10), a clamp support ledge (one of laterally extending portion of the two laterally extending portion of lower part 12) extending in a first direction, having a first surface configured to planarly engage with a bottom surface of the solar panel module, the clamp support ledge having:
a soft-clamping arm (13) attached to a second surface of the clamp support ledge, and
a protrusion (other laterally extending portion of 12) having a surface configured to planarly engage with a bottom surface of a second solar panel module, the protrusion extending from the fastener section in a second direction opposite the first direction;
and a base (3) that is rotatable with respect to the clamp assembly, wherein the fastener extends through the clamp assembly and the base, the fastener engaging a nut (5) therein.
Regarding claim 3, Habdank teaches wherein the base includes:
a first end (Fig. 4a; one end of 3 receiving 3) includes a first row of first mounting holes (holes receiving 9), and
a second end (opposing end of 3) includes a second row of second mounting holes (holes receiving 9 at opposing end).
Regarding claim 7, Habdank teaches the first clamp portion of the clamp assembly including:
a first side wall (Fig. 5; 11a) having a first end and a second end opposite the first end,
a first clamp wing (laterally extending portion at one end of 11a) extending outwardly from the first end of the first side wall,
a second side wall having a first end and a second end opposite the first end, the second side wall being opposite the first side wall,
a second clamp wing (laterally extending portion at another end of 11a) extending outwardly from the first end of the second side wall, and
a top wall (top wall between 11a) extending from the first end of the first side wall to the first end of the second side wall, the top wall including an aperture configured to accommodate the fastener.
Claims 8, 12 and 13 rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by of Kemple (20120138764 A1).
Regarding claim 8, Habdank teaches a rail-less roof mounting system, comprising:
a clamp assembly including:
a first clamp portion (Kemple; Fig. 1; 2),
a second clamp portion (Kemple; 1) configured to receive the first clamp portion, the second clamp portion including:
a clamp support ledge (laterally extending portion of 1) having a first surface configured to engage with a bottom surface of a solar panel module,
a soft-clamping arm (top portion of 10) attached to a second surface of the clamp support ledge, and
a return flange (lip 5) extending from an end of the soft-clamping arm in a direction toward the first clamp portion, and
a height adjustment assembly (40) configured to adjust a distance between the first clamp portion and the second clamp portion;
a base (45) that is rotatable relative to the clamp assembly; and
a fastener (40) extending through the clamp assembly and the base, the fastener engaging a nut therein.
Regarding claim 12, Habdank teaches wherein the base is rotatable around the fastener such that the base may rotate while the clamp assembly remains stationary.
Regarding claim 13, Habdank teaches the soft-clamping arm further including a return flange (5) configured to curve around a ledge of the solar panel module.
Alternatively, claim 1 is rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Stearns (U.S. Pat. Pub. No. 20150288320 A1).
Regarding claim 1, Stearns teaches a rail-less roof mounting apparatus comprising:
a clamp assembly including:
a first clamp portion (Fig. 30; 846) configured to clamp against a top surface of a solar panel module (814 right), and
a second clamp portion (844) configured to engage the first clamp portion, the second clamp portion including:
a fastener section (section having 872, 913) configured to receive a fastener (902), a clamp support ledge (870a) extending in a first direction, having a first surface (surface at 870b) configured to planarly engage with a bottom surface of the solar panel module, the clamp support ledge having:
a soft-clamping arm (809) attached to a second surface (surface at portion of 870a near 872) of the clamp support ledge, and
a protrusion (terminal portion of 870a) having a surface configured to planarly engage with a bottom surface of a second solar panel module (814 right), the protrusion extending from the fastener section in a second direction opposite the first direction;
and a base (830, 807) that is rotatable with respect to the clamp assembly, wherein the fastener extends through the clamp assembly and the base, the fastener engaging a nut (913) therein.
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 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.
Claims 4 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Stearns (U.S. Pat. Pub. No. 20150288320 A1) in view of Kemple (20120138764 A1).
Regarding claim 4, Habdank teaches the first row of first mounting holes.
However, Habdank is silent to disclose the specific spacing. The Examiner notes that
it would have been an obvious matter of design choice to provide the first row of first mounting holes that includes a first individual mounting hole spaced approximately 3/4" from a second individual mounting hole, and
the second row of second mounting holes includes a first individual mounting hole spaced approximately 3/4" from a second individual mounting hole.
since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). The motivation would have been to provide appropriate strength during the retention.
Allowable Subject Matter
Claims 2, 5-6, 9-11 and 14-20 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUHAMMAD IJAZ whose telephone number is (571)272-6280. The examiner can normally be reached M-F 11:00 am-10:00 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, Jonathan Liu can be reached at 5712728227. 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.
MUHAMMAD IJAZ
Primary Examiner
Art Unit 3631
/Muhammad Ijaz/ Primary Examiner, Art Unit 3631
Prosecution Insights