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 .
DETAILED ACTION
Election/Restriction
Claims 10-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected group, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 6/29/2026.
Applicant's election with traverse of group 1, claims 1-9 in the reply filed on 6/29/2026 is acknowledged. The traversal is on the ground(s) that the claims share substantial overlapping subject matter, and the office has failed to establish two way distinctiveness or serious burden. This is not found persuasive because invention I does not require the particulars of “a fastener extendable through the aperture of the base when the clip is secured to the first rail’ in invention II, and “a clip assembly securable to the first slot of the rail via a first fastener extending therethrough” in invention III.
Invention II does not require the particulars of “at least a portion of the arm abutting the recess of the rail when the clip is secured to the rail” in invention I, and “a clip assembly securable to the first slot of the rail via a first fastener extending therethrough” in invention III.
Invention III does not require the particular of “at least a portion of the arm abutting the recess of the rail when the clip is secured to the rail” in invention I, and “a fastener extendable through the aperture of the base when the clip is secured to the first rail” in invention II.
The requirement is still deemed proper and is therefore made FINAL.
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.
(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.
Claim(s) 1, 6, and 8-9 is/are rejected under 35 U.S.C. 102a1 and a2 as being anticipated by Watson (US Pub No. 2019/0341878)
Regarding Claim 1, Watson et al. teaches a mounting assembly [Fig. 7, 0029] comprising:
a rail [Entire 101, Fig. 7, 0032] to support a photovoltaic module [12, Fig. 2, 0028], the rail including:
a first slot formed in a first side of the rail,
a second slot formed in a second side of the rail, and
a web extending between the first slot and the second slot, the web being offset
from a plane extending along an outer surface of the second side of the rail, so as to form
a recess in the second side of the rail [See annotated figure below]; and
a clip [the combination of 201-204, Fig. 7, 0033] including:
a base [201, fig. 7, 0033] having a flange [0033] extending from an end of the base in a first direction, the flange being inserted in the second slot of the rail when the clip is secured to the rail [Fig. 3 and Fig. 7, 0029], and
an arm [202 and 203, Fig. 7, 0033] extending from the end of the base in a second direction opposite the first direction [Fig. 7, at least a portion of the arm abutting the recess of the rail when the clip is secured to the rail, See annotated figure below]
The leftmost circle shows the first slot, and the rightmost circle shows the second slot, the solid rectangle shows the web, the recess is the inside portion of the solid rectangle, the dashed squares are the cavities
[AltContent: rect][AltContent: oval][AltContent: oval]
PNG
media_image1.png
798
645
media_image1.png
Greyscale
[AltContent: rect][AltContent: rect]
PNG
media_image1.png
798
645
media_image1.png
Greyscale
Regarding Claim 6, Watson et al is relied upon for the reasons given above, Watson et al. teaches wherein the rail includes a cavity extending along a length of the rail [See annotated figure].
Regarding Claim 8, Watson et al is relied upon for the reasons given above, Watson et al. teaches wherein: the plane is a first plane, the outer surface is a first outer surface, and the first slot is disposed below a second plane extending along a second outer surface of the rail. [see annotated figure].
The solid line is the first plane and the dashed line is the second plane, the first outer surface is the area of the solid line and the second outer surface is the area of the dashed line.
[AltContent: connector][AltContent: connector]
PNG
media_image1.png
798
645
media_image1.png
Greyscale
Regarding Claim 9, Watson et al. is relied upon for the reasons given above, Watson et al. teaches further comprising a second rail configured to support the photovoltaic module, the second rail including: a first slot formed in a first side of the second rail, a second slot formed in a second side of the second rail, and a web extending between the first slot and the second slot, the web being offset from a plane extending along an outer surface of the rail, so as to form a recess in the second side of the second rail [See rejection of claim 1, Figure 2 shows a plurality of rails, which is further defined as a single rail in figure 7].
Allowable Subject Matter
Claims 2-5 and 7 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.
The following is an examiner’s statement of reasons for allowance:
Watson (US Pub No. 2019/0341878) is the closest prior art.
Watson et al. teaches structural limitations of the claims but does not disclose the limitations of “further comprising a bracket that is an L-foot bracket that is attachable to the base of the clip, the bracket including: a base extending in a first direction, the base having a first aperture extending therethrough in a second direction that is substantially perpendicular to the first direction, and
a leg connected to the base of the bracket, the leg extending in the second direction, and
the leg having: a second aperture extending through the leg in the first direction, a perimeter shape
of the first aperture being elongated along the leg in the second direction, and a third aperture extending through the leg in the first direction, the second aperture having a perimeter shape that is elongated and curved so as to form an arc.” in claim 2, “wherein the clip includes an aperture through a thickness of the base of the clip, whereby the clip is securable to the bracket via insertion of a fastener through the aperture in the base of the clip and into the first aperture in the base of the bracket.” in claim 3, “wherein: the rail is a first rail, the mounting assembly further includes a second rail having a slot therein, the bracket is securable to the second rail via insertion of at least one of: a first fastener through the second aperture of the bracket, and a second fastener through the third aperture of the bracket, and the first fastener and the second fastener are secured within the slot of the second rail.” in claim 4, “wherein the flange is a first flange, the end is a first end, and the base further includes a second flange extending from a second end of the base in the first direction, and wherein the second flange spaces the base of the clip from the bracket by a distance when the clip is secured to the bracket.” in claim 5, and “wherein the rail is a first rail, and the mounting assembly further comprising: a second rail including a cavity, and a splice rail including: a first end shaped to fit within the cavity of the first rail, and a second end opposite the first end, the second end shaped to fit within the cavity of the second rail.” in claim 7.
These references, nor any other reference or combination of references in the prior art suggest or render obvious the limitations of “further comprising a bracket that is an L-foot bracket that is attachable to the base of the clip, the bracket including: a base extending in a first direction, the base having a first aperture extending therethrough in a second direction that is substantially perpendicular to the first direction, and a leg connected to the base of the bracket, the leg extending in the second direction, and the leg having: a second aperture extending through the leg in the first direction, a perimeter shape of the first aperture being elongated along the leg in the second direction, and a third aperture extending through the leg in the first direction, the second aperture having a perimeter shape that is elongated and curved so as to form an arc.” in claim 2, “wherein the clip includes an aperture through a thickness of the base of the clip, whereby the clip is securable to the bracket via insertion of a fastener through the aperture in the base of the clip and into the first aperture in the base of the bracket.” in claim 3, “wherein: the rail is a first rail, the mounting assembly further includes a second rail having a slot therein, the bracket is securable to the second rail via insertion of at least one of: a first fastener through the second aperture of the bracket, and a second fastener through the third aperture of the bracket, and the first fastener and the second fastener are secured within the slot of the second rail.” in claim 4, “wherein the flange is a first flange, the end is a first end, and the base further includes a second flange extending from a second end of the base in the first direction, and wherein the second flange spaces the base of the clip from the bracket by a distance when the clip is secured to the bracket.” in claim 5, and “wherein the rail is a first rail, and the mounting assembly further comprising: a second rail including a cavity, and a splice rail including: a first end shaped to fit within the cavity of the first rail, and a second end opposite the first end, the second end shaped to fit within the cavity of the second rail.” in claim 7.
Therefore, claim 1 is allowed once the limitations of claims 2-5, and 7 are incorporated into claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL Y SUN whose telephone number is (571)270-0557. The examiner can normally be reached 9AM-7PM.
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, MATTHEW MARTIN can be reached at (571) 270-7871. 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.
/MICHAEL Y SUN/Primary Examiner, Art Unit 1728
Prosecution Insights