DETAILED ACTION
This is the second office action for US Application 19/072,764 for a Solar Module Mounting System.
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
Claims 40-45 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 24 July 2026.
Applicant's election with traverse of Invention I in the reply filed on 24 July 2026 is acknowledged. The traversal is on the ground(s) that claim 45 of Invention II requires a bracket connected to an elongated support member, and because claim 45 recites this feature, the process cannot be practiced with a materially different product. This is not found persuasive because the process also fails to disclose a first attachment mechanism extending from an elongated support member, and therefore the process can be practiced with a materially different product (one without a first attachment mechanism extending from the elongated support member).
The requirement is still deemed proper and is therefore made FINAL.
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.
Claim 32 is 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 32 recites the limitation "the direction of the framed solar panel module" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Allowable Subject Matter
Claims 26-31 and 33-39 are allowed. Claim 32 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: The prior art found does not disclose or suggest a mounting system for a framed solar panel module with a bracket secured to an elongated support member proximate a first end, a seat rotatably secured to the bracket, a clip at least partially displaceable relative to the seat, and a second attachment mechanism extending from the elongated support proximate a second end, wherein the clip, seat, and framed solar panel module are rotatably about the bracket.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN M MARSH whose telephone number is (571)272-6819. The examiner can normally be reached Mon-Thurs 9 am-7:30 pm.
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STEVEN M. MARSH
Primary Examiner
Art Unit 3632
/STEVEN M MARSH/Primary Examiner, Art Unit 3632
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