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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 8/21/2025 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 18 is 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.
As amended, claim 18 recites “wherein the drive device is configured to orient the solar panel of the pony module at a first orientation where it extends horizontally and is not vertically disposed over the drive device, the first direction being a vertical direction” (emphasis added) in lines 1-4. It is unclear what “it” is being referred to, e.g. the drive device or the solar panel of the pony module.
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.
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.
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.
Claim(s) 1-2, 4, 7-9, and 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (US 2016/0308488) in view of LoBue et al. (US Patent 11,133,775).
Regarding claim 1, Liu et al. discloses a solar tracker comprising:
a pony module comprising:
a solar panel (5410 in fig. 54), and
a plurality of brackets attached to the panels (see annotated fig. 54 below);
a plurality of support couplers (or cranks 1541 and 1542 in figs. 15-19, or annotated fig. 54 below) attached to the brackets of the pony module (see annotated fig. 54 below);
at least one solar panel module support (see torque tube 3400) arranged in the support couplers (1541/1542, see figs. 15 and 19, 33, 48, 50, and annotated fig. 54 below) and configured to support a solar panel module (110, see figs. 1-10,30-33 and annotated fig. 54 below),
a drive device (1530 and 1560 of drive assembly 1500, see figs. 1-8, 11-19, 33, 48, 50, and annotated fig. 54 below) configured to rotate the at least one solar panel module support (torque tube 3400) and the pony module (see figs. 1-10 and annotated fig. 54 below) about a drive axis extending horizontally (or axis of rotation, see figs. 1-10 and 54 [0087], [0114], [0145], [0157]);
a support post (1520, see figs. 1-9, 15-19, 48-50 and annotated fig. 54 below) extending in a first direction (or upward direction of the support post) upon which the drive device (1530 and 1560) is disposed; and
a controller (see box 5420 includes electronic components and electronic module 5430 having microcontroller, see fig. 54, [0158-0163]) directly attached to the at least one solar panel module support (or torque tube 3400, fig. 54, [0158]);
wherein the solar panel of the pony module is configured to power the controller (or the solar tracker is self-power without external energy source, see fig. 55, abstract, [0010-0011], [0159-0163], [0170]).
Liu et al. shows a plurality of brackets are used to attach the solar panel of the pony module to the support couplers in fig. 54 (see annotated fig. 54 below).
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Liu et al. does not show the controller being arranged such that the solar panel (5410) is not directly vertically disposed over the controller.
LoBue et al. teaches a controller (see row controller assembly 122, fig. 2, the paragraph bridging cols. 4 and 5) attached to the solar panel module support (or torque tube 112, fig. 2) and being arranged under solar panel modules (104) in the middle of a row (102, see figs. 1-2).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modified the solar tracker of Liu et al. by rearranging the controller under the solar panel modules in the middle of a row as taught by LoBue et al., because it is a mere rearrangement of part. Such modification is a mere rearrangement of the system parts that would not modify the operation of the system, and would have been obvious to one of ordinary skill in the art at the time the invention was made. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). In such modification, the solar panel of the pony module at the edge of the row is not directly vertically disposed over the controller.
Regarding claim 2, modified Liu et al. discloses all the structural limitation of the claimed solar tracker as in claim 1 above, wherein Liu et al. discloses the solar panel is configured to power the drive device (see fig. 55, [0010-0011], [0159-0163], [0170]).
Regarding claim 4, modified Liu et al. discloses a solar tracker as in claim 1 above, wherein Liu et al. discloses a plurality of solar panel modules (110) disposed on the at least one solar panel module support (or torque tubes 3400), and wherein the solar panel of the pony module is on a parallel plane with planes of the solar panel modules (see figs. 1-10 and 54).
Regarding claim 7, modified Liu et al. discloses a solar tracker as in claim 1 above; wherein Liu et al. discloses the pony module is not in direct contact with the drive device (or 1530 and 1560 of drive assembly 1500, see annotated fig. 54 above).
Regarding claim 8, Liu et al. discloses a solar tracker comprising:
a pony module comprising:
a solar panel (5410 in fig. 54), and
a plurality of brackets attached to the panels (see annotated fig. 54 below);
a drive device (1530 and 1560 of drive assembly 1500, see figs. 1-8, 11-19, 33, 48, 50, and annotated fig. 54 below);
a plurality of support couplers (or cranks 1541 and 1542 in figs. 15-19, or annotated fig. 54 below) attached to the drive device (11530 and 1560 of drive assembly 1500, see figs. 15-19 and annotated fig. 54 below);
a support post (1520, see figs. 1-9, 15-19, 48-50 and annotated fig. 54 below) extending vertically in a first direction (or upward direction of the support post) upon which the drive device (1530 and 1560) is disposed;
at least one solar panel module support (see torque tube 3400) arranged in the support couplers (1541/1542, see figs. 15 and 19, 33, 48, 50, and annotated fig. 54 below) and configured to support a solar panel module (110, see figs. 1-10,30-33 and annotated fig. 54 below),
a controller (see box 5420 includes electronic components and electronic module 5430 having microcontroller, see fig. 54, [0158-0163]) directly attached to the at least one solar panel module support (or torque tube 3400, fig. 54, [0158]);
wherein the solar panel of the pony module is configured to power the controller (or the solar tracker is self-power without external energy source, see fig. 55, abstract, [0010-0011], [0159-0163], [0170]), and the drive device (1530 and 1560 of drive assembly 1500, see figs. 1-8, 11-19, 33, 48, 50, and annotated fig. 54 below) configured to rotate the at least one solar panel module support (torque tube 3400) and the pony module (see figs. 1-10 and annotated fig. 54 below) about a drive axis extending horizontally (or axis of rotation, see figs. 1-10 and 54 [0087], [0114], [0145], [0157]).
Liu et al. shows a plurality of brackets are used to attach the solar panel of the pony module to the support couplers in fig. 54 (see annotated fig. 54 below).
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Liu et al. does not disclose attaching the brackets of the pony module directly to the drive device. However, it would have been apparent to one having ordinary skill in the art to modify the solar tracker of Liu et al. by rearranging the brackets of the pony module to attach directly to the drive device, because such modification is a mere rearrangement of the parts of the solar tracker that would not modify the operation of the solar tracker, and would have been obvious to one of ordinary skill in the art at the time the invention was made. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Liu et al. does not show the controller being arranged such that the solar panel (5410) is not directly vertically disposed over the controller.
LoBue et al. teaches a controller (see row controller assembly 122, fig. 2, the paragraph bridging cols. 4 and 5) attached to the solar panel module support (or torque tube 112, fig. 2) and being arranged under solar panel modules (104) in the middle of a row (102, see figs. 1-2).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modified the solar tracker of Liu et al. by rearranging the controller under the solar panel modules in the middle of a row as taught by LoBue et al., because it is a mere rearrangement of part. Such modification is a mere rearrangement of the system parts that would not modify the operation of the system, and would have been obvious to one of ordinary skill in the art at the time the invention was made. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). In such modification, the solar panel of the pony module at the edge of the row is not directly vertically disposed over the controller.
Regarding claim 9, modified Liu et al. discloses all the structural limitation of the claimed solar tracker as in claim 8 above, wherein Liu et al. discloses the solar panel is configured to power the drive device (see fig. 55, [0010-0011], [0159-0163], [0170]).
Regarding claim 11, modified Liu et al. discloses a solar tracker as in claim 8 above, wherein Liu et al. discloses further comprising a plurality of solar panel modules (110, figs. 1-10 and fig. 54) on the at least one solar panel module support (3400, see figs. 1-10 and 54), wherein the solar panel of the pony module (5410) is on a parallel plane with planes of the solar panel modules (110, see figs. 1-10 and 54).
Regarding claim 12, modified Liu et al. discloses a solar tracker as in claim 8 above, wherein the drive device (or 1560 and 1530 of drive assembly 1500) directly attach to the brackets (see claim 8 above).
Liu et al. shows the bracket is a plate having attachment of nuts and bolts (see the bracket on the right in the annotated fig. 54 above), which require (first) holes. Liu et al. also discloses the support couplers (1541/1542 having (second) holes aligned with the (third) holes of driver device (1530) and a plurality of fasteners (e.g. nuts and bolts) being arranged through the holes to make the attachment (see figs. 15-19).
Liu et al. does not show the attachment of the brackets, the support couplers and the drive device such that the second holes aligned with the first holes, the third holes aligned with the first holes and the second holes, and the fasteners arranged through the first holes, the second holes and the third holes.
However, it would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have the second holes aligned with the first holes, the third holes aligned with the first holes and the second holes, and the fasteners arranged through the first holes, the second holes and the third holes to provide the attachment of the driver device and the brackets as well as the attachment of the driver device and the support couplers.
Regarding claim 13, modified Liu et al. discloses a solar tracker as in claim 8 above, wherein Liu et al. shows the brackets are spaced apart from each other at a distance by the width of the solar panel module support (or the torque tube 3400, see the bottom spacing of the brackets in annotated fig. 54 above), which is lesser than a width of the drive device (1500), the width taken in a direction perpendicular to a surface of the drive device attached with one of the brackets.
Regarding claim 14, modified Liu et al. discloses a solar tracker as in claim 8 above, wherein Liu et al. discloses a plurality of solar panel modules (110, figs. 1-10 and 54) disposed on the at least one solar panel module support (or torque tube 3400, see figs. 1-10, 30-33 and 54), wherein the solar panel (5410) of the pony module has a smaller area than each of the solar panel modules (110, see fig. 54).
Claims 3 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over modified Liu et al. (US 2016 as applied to claims 1 and 8 above, and further in view of Beardsworth et al. (WO 2020/006575).
Regarding claims 3 and 10, modified Liu et al. discloses a solar tracker as in claims 1 and 8 above.
Modified Liu et al. does not teach the solar panel is bifacial.
Beardsworth et al. teaches using bifacial solar cell to increase power production to harvest reflected light from the ground on the back side of the solar panel and to provide an opportunity for enhanced collection from dead spaces (see background of the present disclosure).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the solar tracker of modified Liu et al. by using bifacial solar panel to increase power production and provide an opportunity for enhanced collection from dead spaces as taught by Beardswordth et al.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over modified Liu et al. (US 2016/0308488) as applied to claim 1 above, and further in view of Taha et al. (WO 2018/075368, Cite No.2 of Foreign Patent Documents in IDS 10/18/2023).
Regarding claim 5, modified Liu et al. discloses a solar tracker as in claim 1 above, wherein Liu et al. shows the support couplers are each a cradle (see annotated fig. 54 above).
Liu et al. does not disclose a cradle support coupler comprising wings angled at a non-perpendicular angle to a surface of the drive device attached to the cradle, the brackets comprise a surface attached to the wings parallel to a plane of the wings.
Taha et al. discloses a cradle support coupler comprising wings (or brackets 730, see figs. 7-10) angled at a non-perpendicular angle to a surface of the drive device (600, see figs. 8 and 10) to support and enable increased positive clamping force in retaining torque tube having square shaped solar panel module support (or torque tube 105, see figs. 8-10, [0048-0056]), wherein the wings facilitate attachment (see figs. 7-10).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the solar tracker of Liu et al. by using support couplers each comprising wings angled at a non-perpendicular angle to a surface of the drive device to support and to increase positive clamping force retaining square shaped solar panel module support (torque tube) in the cradle as taught by Taha et al.
In addition, it would have been obvious to one skilled in the art to have attached a surface of the brackets to the wings parallel to the plane of the wings, because Taha et al. teaches the wings (or brackets 730) are for attachment and the brackets requires to attach to the solar tracker.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over modified Liu et al. (US 2016/0308488) as applied to claim 1 above, in view of Kesler et al. (US 2023/0378901).
Regarding claim 6, modified Liu et al. discloses a solar tracker as in claim 1 above, wherein Liu et al. discloses the plurality of support couplers comprising two support couplers on opposing sides of the drive device (or 1530 and 1560 of drive mechanism 1500, see figs. 15-19 and annotated fig. 54 above) and the plurality of brackets comprising two brackets attached to a support coupler (see claim 1 above).
Modified Liu et al. teaches arranging the pony module on a side of the drive device (see annotated fig. 54 above). Liu et al. does not teach arranging the pony module between the solar cell modules of the solar tracker such that the two brackets directly attached to the two support couplers, respectively, on the opposing sides of the drive device.
Kesler et al. shows the pony module (647, fig. 2) is arranged between the solar cell modules (190d and 190c, fig. 2) such that the mounting brackets (130) are on the opposing sides of the drive device (160, fig. 2).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the solar tracker of Liu et al. by rearranging the pony module between the solar cell modules such that the mounting brackets are on the opposing sides, respectively, of the drive device as taught by Kesler et al., because such modification is a mere rearrangement of parts that would not modify the operation of the solar tracker, and would have been obvious to one of ordinary skill in the art at the time the invention was made. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
In addition, it would have been obvious to one skilled in the art to have attached the two brackets directly to the support couplers, respectively, because Liu et al. shows the brackets of the pony module attach to the support coupler.
Claims 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (US 2016/0308488) in view of Beardsworth et al. (WO 2020/006575), and further in view of Praca et al. (US 2017/0353146).
Regarding claim 15, Liu et al. discloses a solar tracker comprising:
a pony module comprising:
a solar panel (5410 in fig. 54),
a plurality of brackets attached to the panels (see annotated fig. 54 below), and
a controller (see box 5420 includes electronic components and electronic module 5430 having microcontroller, see fig. 54, [0158-0163]);
a support post (1520, see figs. 1-9, 15-19, 48-50 and annotated fig. 54 below) extending in a first direction (or upward direction of the support post) coupled to the solar panel (see annotated fig. 54 below);
drive device (1530 and 1560 of drive assembly 1500, see figs. 1-8, 11-19, 33, 48, 50, and annotated fig. 54 below) disposed on the support post (1520) and configured to be electrically powered and to rotate the solar panel about the drive the device axis (see annotated fig. 54 below and fig. 55, also see [0158-0170]);
a plurality of support couplers (or cranks 1541 and 1542 in figs. 15-19, or annotated fig. 54 below) attached to the drive device (11530 and 1560 of drive assembly 1500, see figs. 15-19 and annotated fig. 54 below);
at least one solar panel module support (see torque tube 3400) arranged in the support couplers (1541/1542, see figs. 15 and 19, 33, 48, 50, and annotated fig. 54 below) and configured to support a solar panel module (110, see figs. 1-10,30-33 and annotated fig. 54 below),
wherein the solar panel of the pony module is configured to power the controller (or the solar tracker is self-power without external energy source, see fig. 55, abstract, [0010-0011], [0159-0163], [0170]).
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Liu et al. does not show the controller directly attached to the solar panel.
Beardsworth et al. shows an electronic box is attached to the solar panel (see annotated fig. 1 below).
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Therefore, it would have been apparent to one having ordinary skill in the art to rearrange parts so that the controller (or the box 5420 having the microcontroller) attached to the solar panel as taught by Beardsworth et al., because such modification is a mere rearrangement of the parts that would not modify the operation of the solar tracker, and would have been obvious to one of ordinary skill in the art at the time the invention was made. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Liu et al. shows a plurality of brackets are used to attach the solar panel of the pony module to the support couplers in fig. 54 (see annotated fig. 54 above).
Liu et al. does not disclose attaching the brackets of the pony module directly to the drive device such that the solar panel of the pony module is rotated directly over the drive device along the first direction.
Praca et al. discloses arranging the brackets (32, figs. 3, 3A, 4A-4B) for supporting a solar panel (28, see figs. 3 and 3A) is attached directly to a drive device (gear box 30, see figs. 3, 3A, 4A-B) such that the solar panel (28) is rotated directly over the drive device (30) along the first direction (see figs. 3 and 3A).
However, it would have been apparent to one having ordinary skill in the art to modify the solar tracker of Liu et al. by rearranging the brackets of the pony module to attach directly to the drive device such that the solar panel of the pony module is rotated directly over the drive device along the first direction as taught by Praca et al., because such modification is a mere rearrangement of the parts of the solar tracker that would not modify the operation of the solar tracker, and would have been obvious to one of ordinary skill in the art at the time the invention was made. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Regarding claim 16, modified Liu et al. discloses all the structural limitation of the claimed solar tracker as in claim 15 above, wherein Liu et al. discloses the solar panel is configured to power the drive device (see fig. 55, [0010-0011], [0159-0163], [0170]).
Regarding claim 17, modified Liu et al. discloses a solar tracker as in claim 15 above, wherein Liu et al. discloses further comprising a plurality of solar panel modules (110, figs. 1-10 and fig. 54) on the at least one solar panel module support (3400, see figs. 1-10 and 54), wherein the solar panel of the pony module (5410) is on a parallel plane with planes of the solar panel modules (110, see figs. 1-10 and 54).
Regarding claim 18, modified Liu et al. discloses a solar tracker as in claim 15 above, wherein Liu et al. discloses the drive device (or 1560 and 1530 of drive assembly 1500) configured to orient the solar panel of the pony module (5410) at a first orientation of vertical direction since the drive device is for rotating the solar panel, which includes the orientation of vertical direction; and the solar panel of the pony module extends horizontally since the solar panel has a width extending horizontally (see fig. 54).
Regarding claim 19, modified Liu et al. discloses a solar tracker as in claim 15 above, wherein Liu et al. shows the brackets are spaced apart from each other at a distance by the width of the solar panel module support (or the torque tube 3400, see the bottom spacing of the brackets in annotated fig. 54 above), which is lesser than a width of the drive device (1500), and the width taken in a direction perpendicular to a surface of the drive device attached with one of the brackets.
Regarding claim 20, modified Liu et al. discloses a solar tracker as in claim 15 above, wherein Liu et al. discloses a plurality of solar panel modules (110, figs. 1-10 and 54) disposed on the at least one solar panel module support (or torque tube 3400, see figs. 1-10, 30-33 and 54), wherein the solar panel (5410) of the pony module has a smaller area than each of the solar panel modules (110, see fig. 54).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-14 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claims 1 and 8:
Applicant argues Liu does not disclose the solar panel of the pony module is not directly vertically disposed over the controller.
However, Applicant’s arguments are moot in view of the new ground of rejection. See the rejection above.
Applicant’s arguments filed 8/21/2025 regarding claims 15-20 have been fully considered but they are not persuasive.
Claim 15:
Applicant argues Praca does not disclose the gearbox (30) being electrically powered as claimed because the gearbox of Praca is driven by a motor, and concludes that gearbox of Praca does not read on drive device being electrically powered as claimed.
The examiner replies that Praca is not relied upon for teaching a drive device being electrically powered, but for attaching the bracket of pony module (or solar panel) to the drive device. See the rejection above. Liu et al. teaches the drive device is electrically power (see fig. 55, [0158-0170] of Liu et al.).
Conclusion
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THANH-TRUC TRINH
Primary Examiner
Art Unit 1726
/THANH TRUC TRINH/Primary Examiner, Art Unit 1726