DETAILED ACTION
This is the first office action for US Application 19/077,759 for a Rooftop Solar Panel Module Racking System and Methods of Installation Thereof.
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 .
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 16-20 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 16 recites the limitation "the at least the portion of the solar panel" in lines 8 and 9. There is insufficient antecedent basis for this limitation in the claim.
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 (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 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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2020/058353 to Forec Productions AB (referred to as Forec hereinafter). Regarding claim 1, Forec discloses an attachment apparatus for securing a solar panel module to a surface (1, see figure 1 and Lines 12-17 of Page 7). The attachment apparatus comprises a rail (5’) including first slots (47), second slots (the grooves 94 have indentations that form slots), and a channel (7). There is a plurality of clamps (19) to attach to the rail at locations corresponding to the first slots, individual clamps of the plurality of clamps including a receptacle to receive at least a portion of a solar panel module (the clamps 19 are installed at locations corresponding to slots 47 and include a receptacle for receiving solar panels 104, see figure 10 and lines 11 and 12 of page 13).
There is a plurality of bushings (13’) to attach to the rail at locations corresponding to the second slots (the bushings 13’ are installed with mating elements to engage second slots 94, figure 7a and 10, lines 10-15 of page 12). The plurality of bushings is disposable at least partially within the channel (bushings 13’ include engagement portions 17 that are disposed in channel 7 to attach the bushing 13’ to the rail 5’, figure 7a, lines 15-19 of page 11), and individual bushings of the plurality of bushings include one or more through holes (63) to receive fasteners (61) to attach the attachment apparatus to the surface (bushings 13’ include through holes 63 that receive fasteners 61 to attach to a roof tile, figures 7a and 7c, lines 1-14 of page 11).
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(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Forec in view of US 2022/0243754 to Gallegos et al. Forec does not disclose a sealant at least partially disposed within the one or more through holes. Gallegos et al. provides a teaching for securing a fastener within a recess (212) by utilizing a sealant (108) in the aperture to secure the fastener (see paragraph 40). It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to have utilized a sealant in the through holes of Forec to further secure the fasteners within the through holes as taught by Gallegos et al.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Forec in view of US 2019/0013772 to Bamat et al. Forec discloses a first flange (upper portion of 55… see figure 3a) to receive a portion of a first solar panel, but does not disclose the individual clamps as including a second receptacle to receive at least a portion of a second solar panel. Bamat et al. disclose a clamp (10, 20) for a solar panel that has an upper portion with opposed flanges (14a, 14b) for clamping a solar panel on either side of the clamp. It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to have modified the clamp of Forec by providing opposing flanges instead of a single flange, for the purpose of allowing the clamp to receive a second solar panel module as taught by Bamat et al.
Claim(s) 8, 9, 12, 13, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Forec in view of US 2022/0243754 to Gallegos et al. Regarding claim 8, Forec discloses a rail (5’) including a first side (top of rail) and a second side (bottom of rail). There is a plurality of clamps (19) to be disposed on the first side of the rail, the individual clamps of the plurality of clamps including a stanchion (55) that at least partially defines a receptacle to receive a solar panel module (see figures 3a, 3b, and 10, lines 11 and 12 of page 13). There is a plurality of bushings (13’) to be disposed on the second side of the rail. The individual bushings of the plurality of bushings include one or more through holes (63) to receive fasteners (61) to attach the attachment apparatus to a surface.
Forec does not disclose the one or more through holes as having a first portion with a first cross-sectional dimension, and second portion with a second cross-sectional dimension different than the first cross-sectional dimension. Gallegos et al. provides a teaching for providing a through hole of a fastening device with a first portion that has a first cross-sectional dimension (204), and a second portion with a second cross-sectional dimension (212) different that the first cross-sectional dimension, to provide a watertight seal (via 108). It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to have provided different cross-sectional dimensions of first and second portions of the one or more through holes of Forec, to provide a watertight seal to prevent water from entering the openings as taught by Gallegos et al.
Regarding claim 9, Gallegos et al. comprises a sealant (108) disposed in the second portion (see paragraph 40). Regarding claim 12, the rail (5’) includes a channel (7) and the individual bushings (13’) are at least partially disposed within the channel (see figure 1). Regarding claim 13, the individual bushings (13’) include a first notch and a second notch (see figure 4a, at 17 on each side), and the rail includes a first flange at least partially disposed within the first notch, and a second flange at least partially disposed within the second notch (see figure 2b… each side of channel 7 has flanges that correspond to a notch of bushing 13’). Regarding claim 15, the surface and structural members are not positively recited in the claim and therefore the limitation carries no patentable significance.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Forec in view of US 2022/0243754 to Gallegos et al., and in further view of US 2019/0013772 to Bamat et al. Forec discloses a first flange (upper portion of 55… see figure 3a) to receive a portion of a first solar panel, but does not disclose the individual clamps as including a second receptacle to receive at least a portion of a second solar panel. Bamat et al. disclose a clamp (10, 20) for a solar panel that has an upper portion with opposed flanges (14a, 14b) for clamping a solar panel on either side of the clamp. It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to have modified the clamp of Forec in view of Gallegos et al., by providing opposing flanges instead of a single flange, for the purpose of allowing the clamp to receive a second solar panel module as taught by Bamat et al.
Allowable Subject Matter
Claims 2, 3, 6, 7, 11, and 14 are 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.
Claim 16 would be allowable if rewritten or amended 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. Claims 17-20 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: Regarding claims 2 and 3, there is no motivation to modify the clamps of the closest prior art to Forec cited above, to have a bracket secured to a stanchion where the bracket and stanchion have one or more teeth to define a receptacle Regarding claim 6, there is no teaching of alternating the first and second slots of closest prior art to Forec cited above, and there is not motivation for altering the rail taught by Forec to have alternating slots.
Regarding claims 7 and 14, there is no teaching of the clamp of the closest prior art to Forec cited above having an arm with a slot to receive a second fastener to attach one or more accessories, and there is not motivation in the prior art for modifying Forec to include such a feature. Regarding claim 11, there is no teaching or motivation to modify the apparatus of claim 8, to provide second fasteners disposed through the first slots and individual clamps to secure the clamps to the rail and also dispose the fasteners through the second slots and into the individual bushings. Regarding claim 16, Forec and other prior art provide teachings for attachment apparatus with a rail and clamps secured to the rail, but does not disclose both a stanchion adjustable in height relative to the rail and a first fastener that secure a portion of a solar panel module within the receptacle when actuated.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2022/0302871 to Young
US 2018/0323744 to Hudson
US 2018/0062571 to Ash
US 2014/0110543 to Aliabadi
US 2017/0063300 to Ash US 8839575 to Liu
US 2024/0072719 to Jasmin
US 2016/0322929 to West
The above prior art discloses various attachment apparatus for securing a solar panel module to a surface.
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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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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STEVEN M. MARSH
Primary Examiner
Art Unit 3632
/STEVEN M MARSH/Primary Examiner, Art Unit 3632
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