DETAILED ACTION
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 05/26/2026 has been entered.
Response to Arguments
Applicant’s arguments, filed 05/26/2026, with respect to the shape of the rotatable bearing portion have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Cole US20120180845.
In response to applicant's argument that the examiner has combined an excessive number of references, reliance on a large number of references in a rejection does not, without more, weigh against the obviousness of the claimed invention. See In re Gorman, 933 F.2d 982, 18 USPQ2d 1885 (Fed. Cir. 1991).
In response to applicant's argument that the teachings of Wang would not be compatible with the other references, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, Wang ¶5 expressly teaches “An object of the invention is to provide a beam and a use thereof and a solar tracking bracket, wherein the beam has an improved resistance moment of a lateral cross section, a lighter weight and a reduced cost.” Shingleton teaches that such a swaged and un-swaged configuration eliminates the need for an additional coupling and provides a tighter connection between adjacent torque tube portions (¶54).
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.
Claim(s) 1, 4, is/are rejected under 35 U.S.C. 103 as being unpatentable over Cole US20120180845 in view of Shingleton US20040238025 in view of Wang US 20210367550
Regarding claim 1, Cole US20120180845 teaches a solar tracker comprising:
a drive device (drive 30, Fig. 1, Fig. 3);
a shaped torque tube section configured to be rotated by the drive device (torque tube 16); and
at least one bearing configured to receive the shaped torque tube section (bearing 20, Fig. 1, Fig. 3, Fig. 11, Fig. 17), the shaped torque tube being suspended between the drive device and the bearing (Fig. 1, Fig. 3).
the at least one bearing comprising a housing (Fig. 17, housing portions 194, 202, 204) and a rotatable portion, the rotatable portion disposed at least partially within the housing and configured to rotate relative to the housing (Fig. 17, 230), the rotatable portions having an opening formed therein configured to receive a shaped torque tube section (¶80, ¶97).
Cole does not expressly disclose
a first D-shaped torque tube section configured to be rotated by the drive device, the first D-shaped torque tube section comprising a D-shaped swaged portion on at least one end,
the D- shaped swaged portion comprising an arcuate portion, a flat portion that extends between a first flat portion end and a second, opposite flat portion end, a first linear portion that extends between the arcuate portion and the first flat portion end, and a second linear portion that extends between the arcuate portion and the second flat portion end;
a second D-shaped torque tube section comprising a D-shaped un-swaged portion on at least one end, the D-shaped un-swaged portion receiving the D-shaped swaged portion; and
at least one bearing comprising a housing and a rotatable portion, the rotatable portion disposed at least partially within the housing and configured to rotate relative to the housing, the rotatable portions having a d-shaped opening formed therein configured to receive the D-shaped torque tube section, swaged portion and the D-shaped un-swaged portion to suspend the first and second D-shaped torque tube sections section being suspended between the drive device and the bearing
Shingleton US20040238025 teaches a tracking solar collector comprising a first shaped tube section configured to be rotated, the first torque tube section comprising a swaged portion on at least one end, (Fig. 13, Fig. 14, tube sections 132 swaged end 133),
a second torque tube section comprising an un-swaged portion on at least one end (Fig. 13, and Fig. 14 tube section 132 whose un-swaged end is seen receiving the swaged end 133 in Fig. 14), and
at least one bearing configured to receive the shaped torque tube swaged portion and the shaped un-swaged portion to suspend the first and second shaped torque tube sections (Fig. 14, bearing 90, ¶53, ¶54).
Shingleton further teaches that the torque tube may have a variety of cross-sectional shapes (¶74)
Shingleton teaches that such a swaged and un-swaged configuration eliminates the need for an additional coupling and provides a tighter connection between adjacent torque tube portions (¶54).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device with swaged and un-swaged ends received in a bearing as taught by Shingleton since doing so amounts to a known technique for improving tracking solar collectors with the known predictable results of a tighter connection and obviating the need for an additional coupling.
Wang US20210367550 teaches a beam for a photovoltaic tracking system (abstract, ¶2) comprising a D-shaped torque tube (Fig. 15) the D-shaped torque tube section comprising an arcuate portion, a flat portion that extends between a first flat portion end and a second, opposite flat portion end, a first linear portion that extends between the arcuate portion and the first flat portion end, and a second linear portion that extends between the arcuate portion and the second flat portion end.
Wang teaches that such a beam shape improves the resistance movement of the lateral cross section and saves costs (abstract).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device with a d-shaped tube as taught by Wang, since doing so amounts to a known technique for improving similar solar tracking systems with the known predictable result of improving resistance moment of a lateral cross section, a lighter weight and a reduced cost (Wang ¶5).
Wang further teaches that such a D-shaped torque tube may have a swaged end (¶26, ¶27, shrinkable portion, Fig. 4 and Fig. 5)
Cole US20120180845 teaches shaping the opening of the rotatable portion to have a shape corresponding to the shape of the torque tube (¶97).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the opening of the rotatable portion of the bearing to correspond to the D-shape of the tube of the combined references, as taught by Cole, since doing so amounts to a mere change in shape of a prior art element, Cole expressly teaches making such a modification, and such a modification would have the known predictable result of supporting the shape of the tube.
Regarding claim 4, The previously combined references teach the solar tracker of claim 1, wherein the bearing incudes a base and a top portion, the rotatable portion being secured between the base and top portions (Cole, Fig. 17, bottom portion 194, top portion 202).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cole US20120180845 in view of Shingleton US20040238025 in view of Wang US 20210367550 in view of McPheeters US20220103116
Regarding claim 5, Cole does not expressly disclose solar tracker of claim 4, wherein the rotatable portion includes a tab, the tab configured to impact end points in a slot formed in the top portion to limit the rotation of the rotatable portion and the D-shaped torque tube.
McPheeters US20220103116 teaches a bearing assembly for solar trackers wherein the bearing assembly has a rotatable element (abstract Figures) wherein the bearing assembly (50, Fig. 3A) includes top portions having a slot formed therein (base 51) and a tab (tabs 53) configured to impact end points in a slot formed in the top portion to limit the rotation of the rotatable portion (¶22).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device with a bearing assembly, as taught by McPheeters, since doing so amounts to a known technique for improving solar trackers with the known predictable result of allowing rotation while preventing over rotation (¶22).
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Claim(s) 6, 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cole US20120180845 in view of Shingleton US20040238025 in view of Wang US 20210367550 in view of McPheeters US20220103116 in view of Au US20140216522
Regarding claim 6, Cole does not expressly disclose the solar tracker of claim 5, wherein the drive device is a slew drive.
Au US20140216522 teaches a solar tracker comprising a tube wherein the drive device comprises a slew drive (¶72, Fig. 19).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device to use a slew drive since doing so amounts to a simple substitution of known drive mechanisms in the field of solar trackers with the known predictable result of rotating the device.
Regarding claim 7, Cole does not expressly disclose the solar tracker of claim 6, further comprising an adapter configured to receive or be received in the D-shaped torque tube section.
Au US20140216522 teaches a solar tracker comprising a tube wherein the drive device comprises a slew drive (¶72, Fig. 19) and a crank mechanically joining the slew drive to the torque tube (see annotated Fig. 17, ¶108) said crank functioning as an adapter for receiving the tube (Fig. 19).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device to use a slew drive and crank mechanism as taught by Au, since doing so amounts to a simple substitution of known drive mechanisms in the field of solar trackers with the known predictable result of rotating the device and mounting the torque tube to the drive.
Claim(s) 9, 10, 11, 12, 13, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cole US20120180845 in view of Shingleton US20040238025 in view of Wang US 20210367550 in view of Childress US20170102168.
Regarding claim 9, Cole does not expressly disclose the solar tracker of claim 1, wherein the housing is flared in a longitudinal direction of the torque tube section.
Childress US20170102168 teaches a bearing assembly for solar trackers wherein the bearing assembly is flared in a longitudinal direction of a tube section (Fig. 1). Childress teaches that such a bearing assembly improves balance and stability (¶7).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device with a bearing assembly as taught by Childress, since doing so amounts to a known technique for improving similar devices with the known predictable result of improving balance and stability.
Regarding claim 10, the previously combined references teach the solar tracker of claim 1, wherein the housing includes a semi-spherical slot formed therein (Childress, Fig. 2, slot 11).
Regarding claim 11, the previously combined references teach the solar tracker of claim 10, further comprising pins secured in a base and rollers supported by the pins, the rollers being received in the slot and enabling rotation of the housing relative to the base (Childress, Fig. 11, pins 7 an d8, rollers 9 and 10).
Regarding claim 12, the previously combined references teach the solar tracker of claim 10, wherein the base is received within a portion of the flared housing (Childress, seen in Fig. 1 and Fig. 2. A portion of brackets 5 or 6 are received within rotating element 2)
Regarding claim 13, the previously combined references teach the solar tracker of claim 10, wherein the housing is received in the base (Childress, Fig. 2,).
Regarding claim 14, the previously combined references do not expressly teach the solar tracker of claim 10, wherein the semi-spherical slot is comprised of a plurality of sections, each section having a different radius.
Childress US20170102168 teaches varying the length, shape, and/or radius of the slot to adjust the limits of rotation (¶33). Thus, the shape and/or radius of the slot is a results effective variable which correlates to the range of rotation.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the shape of the arc shaped slot of Childress in such a way as to meet the claimed subject matter since doing so amounts to routing optimization of a results effective variable, taught by Childress, with the known predictable result of varying the range of rotation.
Claim(s) 15, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cole US20120180845 in view of Shingleton US20040238025 in view of Wang US 20210367550 in view of Childress US20170102168 in view of Kreese US20190296688
Regarding claim 15, Cole does not expressly disclose the solar tracker of claim 10, wherein the bearing includes an arm configured to connect to a screw drive actuator.
Kreese US20190296688 teaches a solar tracker comprising a tube wherein the drive device comprises a screw drive (¶59, power screw 110, Fig. 9, Fig. 6 and Fig. 7) and an arm or bracket mechanically joining the screw drive to a bearing (flange 38, ¶58).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device to use a screw drive mechanism as taught by Kreese, since doing so amounts to a simple substitution of known drive mechanisms in the field of solar trackers with the known predictable result of rotating the device and mounting the torque tube to the drive.
Regarding claim 16, the previously combined references teach the solar tracker of claim 15, wherein the screw drive actuator is driven via a gear box by a shaft that extends from the drive device along a length of the solar tracker to extend or retract the screw drive actuator and rotate the solar tracker (Kreese, Gear box 120, input shaft 134 ¶83)).
Claim(s) 17, 18, is/are rejected under 35 U.S.C. 103 as being unpatentable over Cole US20120180845 in view of Shingleton US20040238025 in view of Wang US 20210367550 in view of Childress US20170102168 in view of Au US20140216522.
Regarding claim 17, Cole does not expressly disclose the solar tracker of claim 10 wherein the drive device is a slew drive.
Au US20140216522 teaches a solar tracker comprising a tube wherein the drive device comprises a slew drive (¶72, Fig. 19).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device to use a slew drive since doing so amounts to a simple substitution of known drive mechanisms in the field of solar trackers with the known predictable result of rotating the device.
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Regarding claim 18, Cole does not expressly disclose the solar tracker of claim 17, further comprising a crank, the crank mechanically joining the slew drive to the D-shaped torque tube.
Au US20140216522 teaches a solar tracker comprising a tube wherein the drive device comprises a slew drive (¶72, Fig. 19) and a crank mechanically joining the slew drive to the torque tube (see annotated Fig. 17, ¶108).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device to use a slew drive and crank mechanism as taught by Au, since doing so amounts to a simple substitution of known drive mechanisms in the field of solar trackers with the known predictable result of rotating the device and mounting the torque tube to the drive.
Claim(s) 19, is/are rejected under 35 U.S.C. 103 as being unpatentable over Cole US20120180845 in view of Shingleton US20040238025 in view of Wang US 20210367550 in view of Childress US20170102168 in view of Au US20140216522 and in view of Almy et al. US20170294870.
Regarding claim 19, the previously combined references teach the solar tracker of claim 18, wherein the crank includes a flange for mating the crank to the slew drive (Au, see annotated Fig. 17), and
further comprising a tube portion configured to receive or be received in a torque tube section, the tube portion having a central axis offset from a central axis of the flange (Au, see annotated Fig. 19),
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The previously combined references do not expressly disclose further comprising a D-shaped tube portion configured to receive or be received in the D-shaped torque tube section, the D-shaped tube portion having a central axis offset from a central axis of the flange.
Wang, discussed above teaches D-shaped tubes and the benefits thereof.
The difference between the teachings of Au and the claimed subject matter amounts to a mere change in shape of the receiving portion of Au to accommodate the D-shaped tube.
Almy et al. US20170294870 teaches in the field of solar tracker arrays with torque tubes (abstract) that the it is known in the art to modify a torque tube recess to match and receive the shape of a torque tube with various cross sections (¶37).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device to have a matching cross section for receiving the tube since doing so is a known change in shape in similar prior art devices with the known predictable result of receiving a tube of the corresponding cross section.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Deepak Deean whose telephone number is (571)270-3347. The examiner can normally be reached M-Th 10-4.
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, Michael Hoang can be reached at 517-272-6460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DEEPAK A DEEAN/Examiner, Art Unit 3762 /MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762
