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 .
Status of Claims
Claims 22-41 are pending and examined below.
Claim Rejections - 35 USC § 112
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 40 and 41 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claims do not fall within at least one of the four categories of patent eligible subject matter because each claim recites a method of use for a clamp, i.e., “for use in a system”, without reciting process steps or structure, and therefore, do not fall under any of the statutory categories consisting of process, machine, manufacture or composition of matter.
Claim Rejections - 35 USC § 112
Claims 22-41 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.
Regarding claim 22, lines 6-7, applicant recites “coupled to at least one solar panel, in particular to the module frame of the solar panel” and lines 16-17, applicant recites “at least part of the solar panel, in particular part of the module frame of the solar panel, is clampingly engaged between the aligning member and the connector”. The use of “in particular … the module frame” makes it unclear as to whether engagement of the frame is optional. Claims 23-39 are rejected as being dependent on claim 22. Claims 40 and 41 are rejected as incorporating claim 22 into the claim.
Regarding claim 40 and 41, the recitation “for use in the system” does not recite active steps or methods for the use and therefore is indefinite.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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 non-obviousness.
Claims 22-23 and 25-39 are rejected under 35 U.S.C. 103 as being unpatentable over Botkin et al. (US 2012/0261364) in view of Botkin et al. (CA 2 724 656) (hereafter Botkin2).
Regarding claim 22, Botkin discloses a system for attaching a wind deflector (250) to a solar panel (module 20), in particular to a module frame (24) of a solar panel (20) (see para [0031], [0058]), said system comprising:
at least one primary clamping structure (134 comprising shoulder 160 and foot 164, see para [0048]); and
at least one secondary clamping structure (clips/clamps on frame 42, see fig. 6 and 10);
wherein the at least one secondary clamping structure is configured to be coupled to at least one solar panel and/or frame and to be connected to at least part of at least one wind deflector (see para [0058]);
wherein at least one primary clamping structure is configured to be clampingly coupled to the at least one solar panel, in particular to the module frame of the solar panel, and to be connected to at least part of at least one wind deflector (see figs. 1-6 and 11),
wherein the primary clamping structure comprises:
at least one support arm (134);
at least one aligning member (see marked-up fig. 6 below); and
at least one connector (see marked-up figs. 1 and 6 below);
wherein at least one support arm is connected to at least part of the aligning member and/or at least part of the connector (see marked-up figs. 1 and 6 below, and wherein the support arm is substantially elongated and wherein a distal end of the support arm is configured to be connected to at least part of the wind deflector (see para [0048]-[0058]); and
wherein at least one aligning member and at least one connector are configured such that, at least part of the solar panel, in particular part of the module frame of the solar panel, is clampingly engaged between the aligning member and the connector (shown in figs. 1 and 6, see para [0048]-[0058]).
Botkin does not disclose the secondary clamp is clampingly coupled to the frame (i.e. the clamp is coupled to the wind deflector and connected to the frame).
Botkin2 is analogous art to Botkin as Botkin2 is directed to a solar module with a wind deflector attached (see abstract). Botkin2 discloses a secondary clamp (26 comprising 212 and 210, see fig. 3A, para (50), page 15 to para (52), page 16), in the same configuration as shown in Botkin. Botkin2 discloses an alternate configuration wherein the secondary clamp is connected (mounted) to the deflector and the clamp interfaces with the frame (see abstract, i.e., “the clip extending from either the trailing frame member or the rear face of the deflector”, see fig. 4, para (44)-(45), page 13).
It would be obvious to a person having ordinary skill in the art to modify the secondary clamp of Botkin to be clampingly coupled to the frame and connected to the wind deflector as the court has held mere reversal of parts to be obvious, see In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955). See also MPEP § 2144.04.
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Regarding claim 23, modified Bot system according to claim 22, wherein in an assembled configuration, at least part of the aligning member encloses at least part of the connector (see marked up fig above, and Botkin para [0048]-[0058]), which reads on at least part of the connector encloses at least part of the aligning member and/or at least part of the aligning member encloses at least part of the connector.
Regarding claim 25, modified Botkin discloses a system according to claim 22, wherein at least one aligning member comprises at least one aligning surface and/or, wherein at least one aligning member and at least one connector form a clamp (see discussion of claim 1), specifically the aligning member comprises an aligning surface (shown in Botkin figs. 1 and 6, ssee para [0048]-[0058]).
Regarding claim 26, modified Botkin discloses a system according to claim 22, wherein at least one connector comprises at least one clamping surface (shown in Botkin figs. 1 and 6, see para [0048]-[0058]).
Regarding claim 27, modified Botkin discloses a system according to claim 22, wherein at least one connector comprises at least one leg, preferably at least two legs (160, 164), wherein preferably at least one leg comprises at least one clamping surface at its distal end (see Botkin figs. 1 and 6, para [0048]-[0058]). Specifically, leg (160) comprises the clamping surface at distal end from leg (164).
Regarding claim 28, modified Botkin discloses a system according to claim 22, wherein at least one connector comprises at least one receiving space for receiving at least part of a solar panel, in particular at least part of a module frame of the solar panel (shown in Botkin figs. 1 and 6, receiving space is where frame inserts into clamp, see Botkin para [0048]-[0058]).
The examiner has elected not to examine the additional optional limitations: “and/or for receiving at least part of at least one aligning member, and /or, wherein at least one aligning member and/or at least one connector are mutually connectable by means of at least one fixing element”.
Regarding claim 29, modified Botkin discloses a system according to claim 22, wherein at least one aligning member comprises at least one alignment leg (shown in Botkin fig. 3 and 6, see para [0048]-[0058]. Specifically, alignment leg is protruding leg (no identifier) extending downward along surface of connector leg (160)
Regarding claim 30, modified Botkin discloses a system according to claim 22, wherein the aligning member comprises at least one wall part that is configured to abut at least part of a solar panel, in particular part of a mounting frame of the solar panel (shown in Botkin fig. 3 and 6, see para [0048]-[0058]). Specifically, protruding leg abuts frame at top and indent.
Modified Botkin does not disclose wherein said wall part comprises a chamfered top edge. A chamfered edge is a well-known expedient in the art designed to ease fit/sharp corners (see MPEP 2144.03).
The court has held it would be obvious to a person having ordinary skill in the art to combine prior art elements (i.e., the top edge of the alignment part, i.e. top edge of protruding leg, disclosed by Botkin and a chamfered edge as is known in the art), according to known methods (as is known in the art), wherein the result is predictable (i.e. a top edge of protruding leg minus a sharp edge).
Regarding claim 31, modified Botkin discloses a system according to claim 22, wherein at least one support arm comprises at least one grip element for increasing grip with at least part of a solar panel, in particular at least part of a module frame of the solar panel (shown in Botkin figs. 1 and 6, see para [0048]-[0058]). Specifically, support arm (134, inclusive of shoulder 160 and foot 164) has a “grip” element, i.e., indentation in alignment element (indentation in leg protruding from shoulder (160) grips onto frame).
Regarding claim 32, modified Botkin discloses a system according to claim 22, wherein at least one support arm comprises at least one clamping element for clampingly engaging at least part of a solar panel, in particular part of a module frame of the solar panel (see discussion of claim 1) (shown in Botkin figs. 1 and 6, see para [0048]-[0058]).
Regarding claim 33, modified Botkin discloses a system according to claim 32, wherein at least one clamping element comprises at least one upper flange part and at least one lower flange part configured to mutually enclose part of the solar panel, in particular part of the module frame of the solar panel (shown in Botkin figs. 1 and 6, see para [0048]-[0058]). Specifically, clamp portion of leg (160) is in the form of a “C” that clamps around frame, the top of the C is a first flange and the bottom of the C is a second flange.
Regarding claim 34, modified Botkin discloses a system according to claim 32, wherein at least one clamping element comprises at least one clamping finger, (shown in Botkin figs. 1 and 6, see para [0048]-[0058]). Specifically, clamp portion of leg (160) is in the form of a “C” that clamps around frame, the top of the C is at least one clamping finger. See applicant’s specification, page 4 of 7, “upper flange part 21 and/or lower flange parts 22 could also be referred to as a clamping fingers 21, 22”.
Regarding claim 35, modified Botkin discloses a system according to claim 22, wherein at least one support arm is integrally connected to at least one connector and/or to at least one aligning member (shown in figs. 1 and 4, leg, clamp and aligning feature are integral, see Botkin abstract and para [0048]-[0058]).
Regarding claim 36, modified Botkin discloses a system according to claim 22, wherein at least part of at least one primary clamping structure and/or at least part of at least one secondary clamping structure is made of metal and/or plastic (see Botkin para [0057]).
Regarding claim 37, modified Botkin discloses a system according to claim 22, wherein at least part of at least one aligning member, at least one connector and/or at least one support arm is substantially rigid (see Botkin para [0048]-[0058], includes para [0057]).
Regarding claim 38, modified Botkin discloses a system according to claim 22, comprising at least one wind deflector (250) (shown in fig. 11, see para [0058]).
Regarding claim 39, modified Botkin discloses a system according to claim 38, wherein at least one wind deflector comprises an edge structure for cooperation with at least part of the at least one aligning member (see figs. 1 and 6, para [0048]-[0058], i.e., wind deflector has an edge portion and “cooperates” with all portions of leg 134, including the alignment member).
Allowable Subject Matter
Claim 24 is 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 a statement of reasons for the indication of allowable subject matter:
Modified Botkin discloses a system according to claim 22, wherein at least one secondary clamping structure comprises:
at least one secondary aligning member; and
at least one secondary connector;
wherein at least one secondary aligning member is configured to be connected to a wind deflector (see discussion of claim 1 and Botkin para [0048]-[0058]).
The prior art does not disclose, nor is there reason to combine wherein at least one secondary aligning member and at least one secondary connector are configured such that, in an assembled configuration, at least part of the secondary connector encloses at least part of the secondary aligning member such that at least part of the solar panel, in particular part of the module frame of the solar panel, is clampingly engaged between the secondary aligning member and the secondary connector.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Basarich et al. (US 2021/0242826), MacRostie et al. (US 2017/0104442)/Wildes et al. (US 2016/0268958).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAYNE L MERSHON whose telephone number is (571)270-7869. The examiner can normally be reached 10:00 to 6:00 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allison Bourke can be reached at (303) 297-4684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JAYNE L. MERSHON
Primary Examiner
Art Unit 1721
/JAYNE L MERSHON/ Primary Examiner, Art Unit 1721
Prosecution Insights