DETAILED ACTION
This is a final Office action in response to the amendment filed 08/04/2026.
Status of Claims
Claims 1-9 and 11-28 are pending;
Claims 1, 4, 5, 8, 16, and 23 are currently amended; claims 2, 7, 11, 13, 14, 17-19, and 22 are original; claims 3, 6, 9, 12, 15, 20, 21, and 24-28 have been withdrawn; claim 10 has been cancelled;
Claims 1, 2, 4, 5, 7, 8, 11, 13, 14, 16-19, 22, and 23 are rejected herein.
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
Applicant is reminded that the election/restriction requirement mailed 04/16/2026 has been made final in the Office action mailed 05/26/2026. In particular, claim 9 has been withdrawn from further consideration by the Office action mailed 05/26/2026. However, claim 9 is currently presented with the status identifier of "Original" in the pending claims filed 08/04/2026. For the same reason(s) presented in the Office action mailed 05/26/2026, claim 9 has been withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention and/or a nonelected species, there being no allowable generic or linking claim.
Response to Arguments
Applicant's arguments with respect to the prior art rejections have been fully considered but are moot in view of the new grounds of rejection set forth below in the current Office action. Note that the new grounds of rejection are necessitated by Applicant's amendments to the claims.
Drawings
The replacement drawings filed 08/04/2026 are accepted by the Examiner.
Specification
The amendments to the specification filed 08/04/2026 are accepted by the Examiner.
Claim Objections
Claims 1, 14, and 16 are objected to because of the following informalities:
Claim 1, line 23, "may" appears to be --is configured to-- or the like.
Claim 4, lines 6 and 7, "the each of first and second" appears to be --each of the first and second--.
Claim 16, line 22, "may" appears to be --is configured to-- or the like.
Appropriate correction is required.
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 (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 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 1, 7, 8, 11, 13, 14, 16, 22, and 23, as best understood, are rejected under 35 U.S.C. 103 as being unpatentable over Azim Iqbal (WO 2023/248254 A1), hereinafter Azim, in view of Patton (US 11,859,870 B2) and Aramaki et al. (US 7,836,639 B2), hereinafter Aramaki.
Regarding claim 1, Azim discloses a mounting system (see Figure 6a), comprising: a base plate (13a, fig 6a, see annotation) defining a top surface (13b, fig 6a, see annotation) and a bottom surface (13c, fig 6a, see annotation), said base plate defining at least one mounting hole (13d, fig 6a, see annotation) therein; a receiver (13e, 13f, fig 6a, see annotation) mounted to said base plate (see Figure 6a), said receiver comprising at least a first sidewall (13e, fig 6a, see annotation) and a second sidewall (13f, fig 6a, see annotation) extending upwardly in a height direction from said base plate in a generally parallel, spaced-apart relation so that an interior cavity (13g, fig 6a, see annotation) is defined therebetween (see Figure 6a), each of the first and second sidewalls defining at least one fastener opening (32, fig 7) therein; an elongated mounting bracket (12, 14, fig 6, page 6, lines 27-30, the combined elongated mounting bracket 12, 14) having a length that is greater than a length of the first sidewall of said receiver and greater than a length of the second sidewall of said receiver (see Figure 6a), said mounting bracket comprising a bottom portion (14a, fig 6a, see annotation) and a first leg portion (14b, fig 6a, see annotation) and a second leg portion (14c, fig 6a, see annotation) extending from the bottom portion in a generally parallel-spaced apart relation so that a channel (14d, fig 6a, see annotation) is defined therebetween (see Figure 6a), each of said first and second leg portions defining at least one fastener opening (14e, 14f, fig 6a, see annotation) therein, said mounting bracket being sized to be received by the interior cavity defined by said receiver (see Figure 6) so that so that said mounting bracket may be moved with respect to the first and second sidewalls of said receiver to a perpendicular position wherein said mounting bracket is perpendicular to the height direction of the first and second sidewalls of said receiver (see Figures 1 and 6); and a spring fastener assembly (15, 16, 17, 18, fig 6a, see page 6, lines 6-10) operably engagable with the fastener openings defined by the first and second sidewalls of said receiver and the fastener openings of the first and second leg portions of said mounting bracket when the fastener openings of said receiver and the fastener openings of said mounting bracket are substantially aligned (see Figures 6 and 6a), said spring fastener assembly securing said mounting bracket to said receiver (see Figures 6 and 6a).
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[AltContent: textbox (14d – Channel)]
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[AltContent: textbox (14c – Second Leg Portion)][AltContent: arrow][AltContent: textbox (14b – First Leg Portion)][AltContent: arrow]
[AltContent: arrow][AltContent: textbox (14f – Fastener Opening)]
[AltContent: arrow][AltContent: textbox (14e – Fastener Opening)][AltContent: arrow]
[AltContent: textbox (14a – Bottom Portion)]
[AltContent: arrow][AltContent: textbox (13f – Second Sidewall)]
[AltContent: textbox (13g – Interior Cavity)][AltContent: arrow][AltContent: textbox (13d – Mounting Hole)]
[AltContent: arrow][AltContent: textbox (13e – First Sidewall)][AltContent: arrow]
[AltContent: arrow][AltContent: arrow][AltContent: textbox (13b – Top Surface)]
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[AltContent: textbox (13c – Bottom Surface)][AltContent: textbox (13a – Base Plate)]
Azim does not disclose the mounting system, (1) wherein said base plate defines a plurality of mounting holes therein; (2) wherein said mounting bracket may be moved with respect to the first and second sidewalls of said receiver between a plurality of angled positions wherein said mounting bracket is angled in a non-perpendicular direction with respect to the height direction of the first and second sidewalls of said receiver, and the perpendicular position.
With respect to the missing limitations (1) above, Patton teaches a mounting system (13, fig 19), comprising: a base plate (18, fig 19), said base plate defining a plurality of mounting holes (33, fig 23) therein.
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Azim and Patton are analogous art because they are at least from the same field of endeavor, i.e., mounting systems. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to form the base plate (Azim: 13a, fig 6a, see annotation) with a plurality of holes (Azim: 13d, fig 6a, see annotation; Patton: 33, fig 9) defined therein, as taught by Patton, with a reasonable expectation of success. The motivation would have been to prevent rotation of the base plate with respect to the substrate, thereby securely positioning the base plate in alignment for the long rail.
With respect to the missing limitations (2) above, Aramaki teaches a mounting system (200, fig 10), comprising: a base plate (102a, fig 10, see annotation); a receiver (105a, 105b, fig 10, see annotation) mounted to said base plate, said receiver comprising at least a first sidewall (105a, fig 10, see annotation) and a second sidewall (105b, fig 10, see annotation) extending upwardly in a height direction from said base plate in a generally parallel, spaced-apart relation so that an interior cavity is defined therebetween (see Figure 10), each of the first and second sidewalls defining at least one fastener opening (106, fig 10) therein; an elongate mounting bracket (103, fig 10) having a length that is greater than a length of the first sidewall of said receiver and greater than a length of the second sidewall of said receiver (see Figure 10), said mounting bracket being sized to be received by the interior cavity defined by said receiver (see Figure 10) so that said mounting bracket may be moved with respect to the first and second sidewalls of said receiver between a plurality of angled positions wherein said mounting bracket is angled in a non-perpendicular direction with respect to the height direction of the first and second sidewalls of said receiver, and a perpendicular position wherein said mounting bracket is perpendicular to the height direction of the first and second sidewalls of said receiver (see Figures 10-16).
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[AltContent: arrow][AltContent: textbox (105a – First Sidewall)]
[AltContent: textbox (103a – First Leg Portion)]
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[AltContent: arrow][AltContent: arrow][AltContent: arrow]
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[AltContent: textbox (105b – Second Sidewall)]
[AltContent: textbox (102a – Base Plate)]
[AltContent: textbox (103b – Second Leg Portion)]
Aramaki is analogous art because it is at least from the same field of endeavor, i.e., mounting systems. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to form said mounting bracket (Azim: 12, 14, fig 6) to be moved with respect to the first and second sidewalls (Azim: 13e, 13f, fig 6a) of said receiver (Azim: 13e, 13f, fig 6a) between a plurality of angled positions wherein said mounting bracket is angled in a non-perpendicular direction with respect to the height direction of the first and second sidewalls of said receiver, and a perpendicular position wherein said mounting bracket is perpendicular to the height direction of the first and second sidewalls of said receiver (Aramaki: see Figures 10-16), as taught by Aramaki, with a reasonable expectation of success. The motivation would have been to allow the long rail to be adjustable to a desired position on various roofs, e.g., having different surfaces or steps. Therefore, it would have been obvious to combine Azim, Patton, and Aramaki to obtain the invention as specified in claim 1.
Regarding claim 7, Azim, as modified by Patton and Aramaki with respect to claim 1, does not teach the mounting system, further comprising a sealing membrane, said sealing membrane defining an outer periphery and a central aperture therein sized so that when said sealing membrane is positioned over the top surface of said base plate the central aperture of said sealing membrane closely receives said receiver and so that the outer periphery of said sealing membrane extends beyond the plurality of mounting holes defined by said base plate.
Patton teaches a mounting system (13, fig 19), comprising: a base plate (18, fig 19) defining a top surface (see Figure 19) and a bottom surface (see Figure 19), said base plate defining a plurality of mounting holes (33, fig 23) therein; a receiver (19, fig 19) mounted to said base plate (see Figure 19); and a sealing membrane (16, fig 19), said sealing membrane defining an outer periphery (see Figure 19) and a central aperture (47, fig 24) therein sized so that when said sealing membrane is positioned over the top surface of said base plate the central aperture of said sealing membrane closely receives said receiver and so that the outer periphery of said sealing membrane extends beyond the plurality of mounting holes defined by said base plate (see Figures 19-24).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to form the mounting system (Azim: see Figure 6a) with a sealing membrane (Patton: 16, fig 19), said sealing membrane defining an outer periphery (Patton: see Figure 19) and a central aperture (Patton: 47, fig 24) therein sized so that when said sealing membrane is positioned over the top surface of said base plate the central aperture of said sealing membrane closely receives said receiver and so that the outer periphery of said sealing membrane extends beyond the plurality of mounting holes defined by said base plate (Patton: see Figures 19-24), as taught by Patton, with a reasonable expectation of success. The motivation would have been to enhance water leaking prevention of the mounting system. Therefore, it would have been obvious to combine Azim, Patton, and Aramaki to obtain the invention as specified in claim 7.
Regarding claim 8, wherein said sealing membrane comprises an elastomeric material (Patton: see col 10, lines 52-65) having an adhesive (Patton: 17, fig 21) provided on a bottom surface thereof (Patton: see Figure 21), said adhesive sealingly engaging the elastomeric material to a substrate (Patton: see Figure 21).
Regarding claim 11, wherein said base plate and said receiver are formed from a single piece of material (Azim: see Figure 6a).
Regarding claim 13, wherein said base plate and said receiver comprise one or more selected from the group consisting of metals and metal alloys (Azim: see page 7, lines 28-30, page 8, lines 1-6).
Regarding claim 14, Azim, as modified by Patton and Aramaki with respect to claim 1, does not teach the mounting system, wherein said base plate and said receiver comprise one or more selected from the group consisting of polymers and reinforced polymers.
Before the effective filing date of the claimed invention, it would have been an obvious matter of design choice to one of ordinary skill in the art to form said base plate (Azim: 13a, fig 6a, see annotation) and said receiver (Azim: 13e, 13f, fig 6a, see annotation) from one or more selected from the group consisting of polymers and reinforced polymers, with a reasonable expectation of success, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. The motivation would have been to reduce overall weight of the mounting system. Therefore, it would have been obvious to modify the combination of Azim, Patton, and Aramaki to obtain the invention as specified in claim 14.
Regarding claim 16, Azim, as modified by Patton and Aramaki (see above discussions with respect to claim 1), teaches a mounting system (Azim: see Figure 6a), comprising: a base plate (Azim: 13a, fig 6a, see annotation) having a top surface (Azim: 13b, fig 6a, see annotation) and a bottom surface (Azim: 13c, fig 6a, see annotation), said base plate defining a plurality of mounting holes (Azim: 13d, fig 6a, see annotation, as modified by, Patton: 33, fig 23) therein; a receiver (Azim: 13e, 13f, fig 6a, see annotation) mounted to said base plate (Azim: see Figure 6a), said receiver comprising a first flange member (Azim: 13e, fig 6a, see annotation) and a second flange member (Azim: 13f, fig 6a, see annotation) positioned in a generally parallel, spaced-apart relation and extending generally upwardly in a height direction from the top surface of said base plate so that an interior cavity (Azim: 13g, fig 6a, see annotation) is defined therebetween (Azim: see Figure 6a), each of the first and second flange members defining at least one elongate slot (Azim: 32, fig 7) therein; an elongate mounting bracket (Azim: 12, 14, fig 6, page 6, lines 27-30, the combined elongated mounting bracket 12, 14) having a length that is greater than a length of the first flange member of said receiver and greater than a length of the second flange member of said receiver (Azim: see Figure 6a), said mounting bracket defining at least one fastener opening (Azim: 14e, 14f, fig 6a, see annotation) therein, said mounting bracket being sized to be received by the interior cavity defined by said receiver (Azim: see Figure 6) so that said mounting bracket may be moved with respect to the first and second flange members of said receiver between a plurality of angled positions wherein said mounting bracket is angled in a non-perpendicular direction with respect to the height direction of the first and second flange members of said receiver, and a perpendicular position wherein said mounting bracket is perpendicular to the height direction of the first and second flange members of said receiver (Aramaki: see Figures 10-16; Azim: see Figures 1 and 6); and a spring fastener assembly (Azim: 15, 16, 17, 18, fig 6a) operably engagable with the at least one fastener opening defined by the mounting bracket and the at least one elongate slot defined by each of the first and second flange members (Azim: see Figures 6 and 6a), said spring fastener assembly securing said mounting bracket to said receiver (Azim: see Figures 6 and 6a).
Regarding claim 22, Azim, as modified by Patton and Aramaki (see above discussions with respect to claims 1 and 7), teaches the mounting system, further comprising a sealing membrane (Patton: 16, fig 19), said sealing membrane defining an outer periphery (Patton: see Figure 19) and a central aperture (Patton: 47, fig 24) therein sized so that when said sealing membrane is positioned over the top surface of said base plate the central aperture of said sealing membrane closely receives said receiver and so that the outer periphery of said sealing membrane extends beyond the plurality of mounting holes defined by said base plate (Patton: see Figures 19-24).
Regarding claim 23, wherein said sealing membrane comprises an elastomeric material (Patton: see col 10, lines 52-65) having an adhesive (Patton: 17, fig 21) provided on a bottom surface thereof (Patton: see Figure 21), said adhesive sealingly engaging the elastomeric material to a substrate (Patton: see Figure 21).
Claims 2, 4, 5, and 17-19, as best understood, are rejected under 35 U.S.C. 103 as being unpatentable over Azim Iqbal (WO 2023/248254 A1), hereinafter Azim, in view of Patton (US 11,859,870 B2), Aramaki et al. (US 7,836,639 B2), hereinafter Aramaki, and Kim (KR 20210008738 A).
Regarding claim 2, Azim, as modified by Patton and Aramaki with respect to claim 1, does not teach the mounting system, wherein said spring fastener assembly further comprises: a first nut; a second nut; a spring member positioned between said first and second nuts, said spring member biasing said first and second nuts away from one another; a first fastener operably engagable with the first nut; and a second fastener operably engagable with the second nut.
Kim teaches a mounting system (see Figure 8), comprising: a receiver (107, fig 8), said receiver comprising at least a first sidewall (107a, fig 8, see annotation) and a second sidewall (107b, fig 8, see annotation), each of the first and second sidewalls defining at least one fastener opening (107c, 107d, fig 8, see annotation) therein; a mounting bracket (101, fig 8) comprising a bottom portion (101a, fig 8, see annotation) and first and second leg portions (101b, 101c, fig 8, see annotation) extending from the bottom portion, each of said first and second leg portions defining at least one fastener opening (101d, 101f, fig 8, see annotation) therein; and a spring fastener assembly (110, fig 8) operably engagable with the fastener openings defined by the first and second sidewalls of said receiver and the first and second leg portions of said mounting bracket when the fastener openings of said receiver and mounting bracket are substantially aligned (see Figure 8), said spring fastener assembly securing said mounting bracket to said receiver (see Figure 8); wherein said spring fastener assembly further comprises: a first nut (105a, fig 8, see annotation); a second nut (105b, fig 8, see annotation); a spring member (106, fig 8) positioned between said first and second nuts (see Figure 8), said spring member biasing said first and second nuts away from one another (see Figure 8); a first fastener (108a, fig 8, see annotation) operably engagable with the first nut (see Figure 8); and a second fastener (108b, fig 8, see annotation) operably engagable with the second nut (see Figure 8).
[AltContent: textbox (107c – Fastener Opening)][AltContent: arrow]
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[AltContent: textbox (101c– Second Leg Portion)]
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[AltContent: arrow][AltContent: textbox (107a – First Sidewall)][AltContent: arrow][AltContent: textbox (107b – Second Sidewall)][AltContent: arrow]
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[AltContent: textbox (101b– First Leg Portion)][AltContent: arrow][AltContent: arrow]
[AltContent: textbox (101a – Bottom Portion)][AltContent: textbox (107d – Fastener Opening)]
[AltContent: textbox (101f – Fastener Opening)]
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[AltContent: textbox (108b – Second Fastener)][AltContent: textbox (108a – First Fastener)]
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[AltContent: textbox (105b – Second Nut)][AltContent: textbox (105a – First Nut)]
Kim is analogous art because it is at least from the same field of endeavor, i.e., mounting systems. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to form the spring fastener assembly (Azim: 15, 16, 17, 18, fig 6a) with: a first nut (Kim: 105a, fig 8, see annotation); a second nut (Kim: 105b, fig 8, see annotation); a spring member (Kim: 106, fig 8) positioned between said first and second nuts (Kim: see Figure 8), said spring member biasing said first and second nuts away from one another (Kim: see Figure 8); a first fastener (Kim: 108a, fig 8, see annotation) operably engagable with the first nut (Kim: see Figure 8); and a second fastener (Kim: 108b, fig 8, see annotation) operably engagable with the second nut (Kim: see Figure 8), as taught by Kim, with a reasonable expectation of success. The motivation would have been to ensure secure interlocking between the teeth of the receiver and the teeth of the mounting bracket via biasing and/or to allow easy unlocking and locking of the receiver and the mounting bracket. Therefore, it would have been obvious to combine Azim, Patton, Aramaki, and Kim to obtain the invention as specified in claim 2.
Regarding claim 4, wherein the first and second nuts comprise threaded openings (Kim: 109, fig 7, also see Figure 8) therein, wherein the first and second fasteners comprise threaded fasteners (Kim: 108, fig 8), and wherein the first and second nuts comprise generally rectangularly-shaped members having lengths that are greater than a distance between the fastener opening defined by each of the first and second leg portions of said mounting bracket and the bottom portion of said mounting bracket so that the first and second nuts will contact the bottom portion of said mounting bracket when the first and second fasteners are threaded into the first and second nuts, the contact between the first and second nuts and the bottom portion of said mounting bracket preventing rotation of the first and second nuts (Kim: see Figures 1-8; Azim: see Figures 6 and 6a).
Regarding claim 5, wherein end portions of the first and second nuts define beveled portions (Kim: 105c, 105d, fig 5, see annotation, also see Figures 1 and 8), the beveled portions of the respective first and second nuts contacting the bottom portion of said mounting bracket to prevent rotation of the first and second nuts (Kim: see Figures 1-8).
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[AltContent: textbox (105c – Beveled Portion)][AltContent: arrow]
[AltContent: textbox (105d – Beveled Portion)][AltContent: arrow]
Regarding claim 17, Azim, as modified by Patton, Aramaki, and Kim (see above discussions with respect to claims 1 and 2), teaches the mounting system, wherein said spring fastener assembly further comprises: a first nut (Kim: 105a, fig 8, see annotation) defining an opening (Kim: 109, fig 7, also see Figure 8) therein; a second nut (Kim: 105b, fig 8, see annotation) defining an opening (Kim: 109, fig 7, also see Figure 8) therein; a spring (Kim: 106, fig 8) provided between said first and second nuts (Kim: see Figure 8), said spring biasing said first and second nuts away from one another (Kim: see Figure 8); a first fastener (Kim: 108a, fig 8, see annotation) operably engagable with the opening defined by said first nut (Kim: see Figure 8); and a second fastener (Kim: 108b, fig 8, see annotation) operably engagable with the opening defined by said second nut (Kim: see Figure 8).
Regarding claim 18, wherein the openings defined by said first and second nuts are threaded (Kim: see Figures 1-8), and wherein said first and second fasteners comprise threaded fasteners (Kim: 108, fig 8).
Regarding claim 19, wherein the threaded fasteners comprise one or more selected from the group consisting of bolts and screws (Kim: 108, fig 8).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Guang H Guan whose telephone number is (571) 272-7828. The examiner can normally be reached weekdays (10:00 AM - 6:00 PM).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at (571) 272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/G. H. G./Examiner, Art Unit 3631
/JONATHAN LIU/Supervisory Patent Examiner, Art Unit 3631
