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 .
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.
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.
Claims 1-9 and 11-17 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over FR 3028113 A1 (hereinafter “MADYAN”) in view of WO 2020/002327 A1 (hereinafter “SCHMITZ”).
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Regarding Claims 1-4,6-9 and 11, MADYAN discloses a coupling system for use with a solar tracker, comprising: a torque tube coupling (5), the torque tube coupling defining an arcuate slot (51) therethrough; a mounting bracket (71), the mounting bracket couplable to a portion of a pier (20); and a first fastener (8, 80), a portion (8) of the first fastener slidably and rotatably disposed at the slot to enable polyaxial rotation of the torque tube coupling relative to the mounting bracket (MADYAN discloses that “rolling members 8 of the ball bearing type.” See the provided English translation, therefore since ball bearings 8 are spherical they would inherently enable polyaxial rotation of the torque tube coupling relative to the mounting bracket. In other words, due to the spherical shape of said portion 8 a gap would exist between said mounting bracket 71 and said torque tube coupling 5 which would enable polyaxial rotation of the torque tube coupling 5 relative to the mounting bracket 71.); wherein the first fastener enables the torque tube coupling to rotate relative to the mounting bracket about a first axis (A) defined along a longitudinal axis of a torque tube (32) to which the torque tube coupling (5) is couplable; wherein the first fastener (8, 80) enables the torque tube coupling (5) to rotate relative to the mounting bracket (71) about a second axis defined transverse to the first axis (i.e., the axis extending along the longitudinal axis of said torque tube coupling which lies transverse to the first axis “A”); further comprising a spherical (8) coupled to a portion of the first fastener (8, 80) and slidably and rotatably received within the slot (51; both inherently disclosed by MADYAN and taught by SCHMITZ, see the discussion below) of the torque tube coupling (5); further comprising a second fastener (also labeled 8, 80) disposed in spaced relation to the first fastener, a portion of the second fastener slidably and rotatably received within a portion of the slot (51) to enable polyaxial rotation of the torque tube coupling relative to the mounting bracket (both inherently disclosed by MADYAN and taught by SCHMITZ, see the discussion below); wherein each of the first and second fasteners (both labeled 8, 80) include a respective first and second spherical (8) disposed thereon, the first and second sphericals (8) slidably and rotatably received within the slot (51) of the torque tube coupling (5; both inherently disclosed by MADYAN and taught by SCHMITZ, see the discussion below); wherein the torque tube coupling (5) includes a notch (50) defined therethrough, the notch configured to receive a portion of a torque tube (32) therein; further comprising a torque tube clamp (6) selectively couplable to a portion of the torque tube coupling (5), the torque tube clamp (6) configured to abut a portion of a torque tube (32) received within the notch to couple the torque tube to the torque tube coupling (5); wherein the torque tube clamp (6) includes a pair of opposed flanges (see 61) disposed thereon to engage a respective portion of the torque tube coupling (5) to inhibit movement of the torque tube clamp (6) along a transverse axis defined through the torque tube coupling (5).
MADYAN does not explicitly state that a portion (8) of the first fastener is slidably disposed at the slot to enable polyaxial rotation of the torque tube coupling relative to the mounting bracket.
However, MADYAN does disclose “rolling members 8 of the ball bearing type.” See the provided English translation. Since ball bearings 8 are spherical they would inherently enable polyaxial rotation of the torque tube coupling relative to the mounting bracket by sliding relative to the slot when said mounting bracket is deflected during periods of expansion and/or contraction of the torque tube. In other words, due to the spherical shape of said portion 8 a gap would exist between said mounting bracket 71 and said torque tube coupling 5 which would enable polyaxial rotation of the torque tube coupling 5 relative to the mounting bracket 71.
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Furthermore, SCHMITZ teaches a portion of the first fastener (24) slidably disposed at the slot (11) to enable polyaxial rotation (see Fig. 5a) of the torque tube (6b) coupling (defined in part by the slot 11) relative to the mounting bracket (8). In other words, SCHMITZ teaches a spherical ball bearing which allows for polyaxial rotation of a torque tube about a longitudinal axis parallel with said torque tube and rotation relative to the mounting bracket about an axis perpendicular to said longitudinal axis (see SCHMITZ, Fig. 5a).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify MADYAN wherein a portion of the first fastener is slidably disposed at the slot to enable polyaxial rotation of the torque tube coupling relative to the mounting bracket as taught and/or suggested by SCHMITZ, since SCHMITZ teaches such a modification would provide a means to avoid, or at a minimum lessen, structural stress induced by thermal expansion and contraction forces; and by extension such a modification would save material cost due to requiring a less robust structural support (i.e., the mounting bracket and/or pier supporting structure).
Regarding Claim 5, MADYAN discloses a coupling system for use with a solar tracker, comprising: a torque tube coupling (5), the torque tube coupling defining an arcuate slot (51) therethrough; a mounting bracket (71), the mounting bracket couplable to a portion of a pier (20); a first fastener (8, 80), a portion (see 8) of the first fastener slidably and rotatably received within a portion of the slot (51) to enable polyaxial rotation of the torque tube coupling relative to the mounting bracket; and a spherical (8) coupled to a portion of the first fastener and slidably and rotatably received within the slot (51) of the torque tube coupling (5).
MADYAN does not disclose wherein the arcuate slot (51) defines a curved profile along the length of the slot to retain the spherical therewithin.
SCHMITZ teaches a coupling system for use with a solar tracker wherein an arcuate slot (11) defines a curved profile along the length of the slot to retain a spherical (24) therewithin.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify MADYAN wherein the arcuate slot defines a curved profile along the length of the slot to retain the spherical therewithin as taught and/or suggested by SCHMITZ, since such a modification would provide a slot whose shape matches a portion of the surface of said spherical thereby ensuring that said spherical is securely and optimally positioned within said arcuate slot at all times.
Claims 12-16 are obvious over MADYAN in view of SCHMITZ, wherein MADYAN discloses a coupling system for use with a solar tracker, comprising: a torque tube coupling (5), the torque tube coupling defining an arcuate slot (51) therethrough; a mounting bracket (71), the mounting bracket couplable to a portion of a pier (20); and a first fastener assembly (8, 80), the first fastener assembly including: a bolt (80) selectively couplable to a portion of the mounting bracket (71) and selectively received through a portion of the slot (51) of the torque tube coupling (5); and a spherical (8) rotatably disposed on a portion of the bolt (80), the spherical slidably and rotatably disposed at the slot (51) to enable polyaxial rotation of the torque tube coupling relative to the mounting bracket (as taught by SCHMITZ, see the obviousness discussion of MADYAN in view of SCHMITZ with regard to Claims 1-4, 6-9 and 11 above); further comprising: a second fastener assembly (also labeled: 8, 80) disposed in spaced relation to the first fastener assembly (see the figures), the second fastener assembly including: a second bolt (also labeled: 80) selectively couplable to a portion of the mounting bracket (71) and selectively received through a portion of the slot (51) of the torque tube coupling (5); and a second spherical (also labeled: 8) rotatably disposed on a portion of the bolt (80), the second spherical (8) slidably and rotatably received within a portion of the slot (51) to enable polyaxial rotation of the torque tube coupling relative to the mounting bracket (as taught by SCHMITZ, see the discussion of MADYAN in view of SCHMITZ with regard to Claims 1-4, 6-9 and 11 above); wherein the torque tube coupling includes a notch (50) defined therein, the notch configured to receive a portion of a torque tube (32) therein; further comprising a torque tube clamp (6) selectively couplable to a portion of the torque tube coupling (5), the torque tube clamp (6) configured to abut a portion of a torque tube (32) received within the notch (50) to couple the torque tube to the torque tube coupling (5); wherein the torque tube coupling (5) is formed by stamping ("[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985); see also MPEP § 2113).
Claims 17 and 20 are obvious over MADYAN in view of SCHMITZ, wherein MADYAN discloses a coupling system for use with a solar tracker, comprising: a pier (20) extending between opposed first and second end portions; a mounting bracket (71) coupled to the second end portion of the pier; a torque tube coupling (5) operably coupled to the mounting bracket (71), the mounting bracket permitting polyaxial rotation of the torque tube coupling relative to the mounting bracket as the first end portion of the pier is caused to be deflected relative to the second end portion (as taught by SCHMITZ, see the discussion of MADYAN in view of SCHMITZ with regard to Claims 1-4, 6-9 and 11 above), wherein the torque tube coupling (5) includes an arcuate slot (51) defined therein, the torque tube coupling configured to enable at least a portion of a spherical (8) to be both slidably and rotatably disposed at the slot when the spherical is operably coupled to at least a portion of the mounting bracket (as taught by SCHMITZ, see the discussion of MADYAN in view of SCHMITZ with regard to Claims 1-4, 6-9 and 11 above); and a torque tube (32) selectively coupled to a portion of the torque tube coupling (5), wherein axial expansion and contraction of the torque tube effectuates a corresponding deflection of the first end portion of the pier (20); wherein the torque tube coupling (5) includes a notch (50) defined therein, the notch configured to selectively receive a portion of the torque tube (32) therein.
Allowable Subject Matter
Claim 10 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.
Response to Arguments
Applicant’s arguments filed on November 5th, 2025 have been considered but are moot because the new ground of rejection rebuts any matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure because the references are either in the same field of endeavor or are reasonably pertinent to the particular problem with which the applicant was concerned. Please see form PTO-892 (Notice of References Cited) attached to, or included with, this Office Action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JORGE A PEREIRO whose telephone number is (571)270-3932 and whose fax number is (571) 270-4932. The examiner can normally be reached on M-F 9:00 - 5:00 EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven B. McAllister can be reached at (571) 272-6785. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JORGE A PEREIRO/ Primary Examiner, Art Unit 3799