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 .
DETAILED ACTION
Claim Interpretation
Claims 2 and 9 recite “wherein transmission of motion is realized by gears having different dimensions.” The examiner notes that a rack is sometimes recognized as a gear, but it is clear from other claims and the specification that the applicant does not refer to the rack as a gear. Therefore, racks will not be considered a gear for the purpose of this limitation.
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.
Claims 15 and 16 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.
The terms “undersized” and “short” in claims 15 and 16 are a relative terms which render the claims indefinite. The terms “undersized” and “short” are not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The applicant’s specification (e.g. figure 4) discloses configurations with gears accompanied by relatively smaller diameter gears which would permit a shorter rack. The claims will be interpreted in light of this embodiment.
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.
Claims 1, 4-8, 11-14, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Estevez (ES 1077770 U), hereinafter Estevez, in view of Frye (DE 102012206987 A1), hereinafter Frye, in view of English (US 4376372 A), hereinafter English, in view of Brits (US 20100186732 A1), hereinafter Brits, and further in view of Meckler (US 4027653 A), hereinafter Meckler.
Regarding claim 1, Estevez discloses an automatic motion system by a fluid for acting on elements of a compact solar collector with an integrated storage tank for a fluid to be heated:
said compact solar collector with the integrated storage tank (20) comprising a plurality of primary conduits for containing a primary heat carrier fluid adapted to the storage of thermal energy (Inner tube of vacuum tube 1), and an external collector element arranged with respect to each primary conduit (Outer tube of vacuum tube 1);
each external collector element is a vacuum tube within which is arranged a respective primary conduit in which the fluid to be heated flows, and each external collector element is configured to rotate on itself and to at least partially overlap each primary conduit during its motion (“This system consists in rotating the vacuum tubes” all citations from machine translation appended to foreign reference);
each external collector element has at least a first collecting face configured to collect solar radiation (The side opposite 3 or the configuration of figure 2), and at least a second shielding face suitably made opaque to solar radiation (The side with opaque element 3 or the configuration of figure 3);
the automatic motion system includes automatic drive and transmission mechanisms comprising at least one hydraulic cylinder with a piston, a hydraulic cylinder pressure intake (“(13) Hydraulic cylinder that drives the rotation of the vacuum tubes (1)”), at least one toothed element (“the toothed belt (6)”), and toothed gears carried by the external collector elements (“toothed pinion”), whereby said automatic drive and transmission mechanisms are configured to move said external collector elements from the first face of a collecting position automatically as a function of a variable of the primary heat carrier fluid increasing beyond a set technical point to actuate, via pressure to the intake, the piston in the hydraulic cylinder to move the toothed element to engage the gears to the second face of a shielding position, and to move the toothed element to engage the gears to return the external collector elements to the first face of the collecting position as a function a variable of the primary heat carrier fluid decreasing below a set technical point (“This device works with an excessive increase in temperature in the vacuum tubes. Its purpose is to limit the collection of solar radiation that affects the vacuum tubes when they exceed excessive temperature. This system consists in rotating the vacuum tubes 180° on its longitudinal axis, placing the refractive opaque cover of the tube at the top of the collector, surface where most of the solar radiation affects. Once the temperature decreases, either due to consumption demand or because the solar radiation decreases, the vacuum tubes rotate again 180° on their longitudinal axis to place the opaque refractive cover of the tubes at the bottom of the collector and thus capture the maximum possible solar radiation”),
whereby the compact solar collector is automatically protected from damage by excessive solar radiation using dynamic shielding, and the motion system automatically operates by an intrinsic ability to self-regulate (“With this we get the maximum performance of the collector when the solar radiation is low and we protect it from overpressures and high temperatures when the solar radiation is high and the demand is not enough to evacuate the temperature inside the accumulator”).
PNG
media_image1.png
492
350
media_image1.png
Greyscale
PNG
media_image2.png
352
252
media_image2.png
Greyscale
PNG
media_image3.png
384
266
media_image3.png
Greyscale
PNG
media_image4.png
350
486
media_image4.png
Greyscale
PNG
media_image5.png
466
436
media_image5.png
Greyscale
Estevez does not disclose:
automatic motion by dilation of the primary heat carrier fluid;
said external collector element arranged movably with respect to each primary conduit;
each external collector element is configured to rotate with respect to the respective primary conduit;
at least one return spring on the piston configured to act on the piston, wherein the at least one toothed element is at least one toothed rack, wherein the variable is a pressure of the primary heat carrier fluid increasing beyond a set technical volume to actuate, via the primary heat carrier fluid pressure to the intake, the piston to move the rack, and the spring acts on the piston to move the rack to engage the gears to return as a function of the pressure of the primary heat carrier fluid decreasing below a set technical volume,
the motion system automatically operates by an intrinsic ability to self-regulate with no external control and no external power source other than solar energy.
However, Frye teaches:
at least one return spring on the piston configured to act on the piston, wherein the variable is a pressure increasing beyond a set technical volume to actuate the piston, and the spring acts on the piston to move to return as a function of the pressure decreasing below a set technical volume (“In a specific embodiment for a heat pipe liquid evaporates 45 from the closed loop of the heat pipe and gets into a cylinder 47 passed, in which a movable piston 46 sitting. This acts on a spring 48 over a pole 51 is connected to the mechanism for the control of the reflector. The increasing vapor pressure of the steam 55 in case of impending overheating presses on the piston 46 , This spans the spring 48 in the cylinder 47 , whereby the rod pushes the absorber out of the working position. When the vapor pressure drops again, the spring can relax and pull the rod back to its optimal working position” all citations from machine translation appended to foreign reference),
the motion system automatically operates by an intrinsic ability to self-regulate with no external control and no external power source other than solar energy (“It is important that the system is self-regulating and requires no external energy”).
PNG
media_image6.png
324
686
media_image6.png
Greyscale
In view of Frye’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include:
at least one return spring on the piston configured to act on the piston, wherein the variable is a pressure increasing beyond a set technical volume to actuate the piston, and the spring acts on the piston to move to return as a function of the pressure decreasing below a set technical volume,
the motion system automatically operates by an intrinsic ability to self-regulate with no external control and no external power source other than solar energy as is taught in Frye, in the system disclosed by Estevez because Frye states that the system is self-regulating and requires no external energy. Therefore, including the configuration of Frye will eliminate reliance on external sources of power such as batteries or an electrical grid.
Estevez, as modified by Frye, does not disclose:
automatic motion by dilation of the primary heat carrier fluid;
said external collector element arranged movably with respect to each primary conduit;
each external collector element is configured to rotate with respect to the respective primary conduit;
wherein the at least one toothed element is at least one toothed rack, wherein the variable is a pressure of the primary heat carrier fluid increasing beyond a set technical volume to actuate, via the primary heat carrier fluid pressure to the intake, the piston to move the rack, and the piston to move the rack to engage the gears to return as a function of the pressure of the primary heat carrier fluid decreasing below a set technical volume.
However, English teaches:
automatic motion by dilation of the primary heat carrier fluid;
wherein the variable is a pressure of the primary heat carrier fluid increasing beyond a set technical volume to actuate, via the primary heat carrier fluid pressure to the intake, the piston, and to return as a function of the pressure of the primary heat carrier fluid decreasing below a set technical volume (“The bellows 23 has an opening 27 into its interior which communicates with the high temperature and high pressure working medium, while the exterior of the bellows 23 is at a lower temperature such as might be provided by ambient atmosphere. Thus, when the working medium's temperature and pressure rise beyond a predetermined point, the end 29 of the actuating arm 31 strikes the microswitch 33 and temporarily closes it and consequently closes the circuit from one power input terminal 35 to one motor terminal 37 of the reversible motor 80 which has its center terminal 39 connected directly to the other power input terminal 41, thus energizing the reversible motor 80 in a shutter-closing direction which will have the effect of reducing the temperature and pressure of the working medium. This action will continue for as long as the spring-biased mounting of the microswitch 33 permits. Ultimately, when the temperature and pressure of the working medium drop, either as a result of the above-described action or otherwise, the bellows 23 will contract until the other end 43 of the actuating arm 31 moves into contact with the other microswitch 45 which will temporarily close another circuit from the power input terminal 35 to the remaining motor terminal 47 which will again energize the reversible motor 80, but in the opposite direction comprising a shutter-opening direction of movement” column 9, line 26).
PNG
media_image7.png
476
396
media_image7.png
Greyscale
In view of the teachings of English, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include:
automatic motion by dilation of the primary heat carrier fluid;
wherein the variable is a pressure of the primary heat carrier fluid increasing beyond a set technical volume to actuate, via the primary heat carrier fluid pressure to the intake, the piston, and to return as a function of the pressure of the primary heat carrier fluid decreasing below a set technical volume as is taught in English, in the system as presently modified because, unlike Frye, English does not require a secondary fluid to be expanded. Instead, the primary working fluid in English is expanded. Therefore, including the teachings of English will reduce the number of components (i.e. the secondary expansion fluid and vessel for containing the secondary expansion fluid).
Estevez, as modified by Frye and English, does not disclose:
said external collector element arranged movably with respect to each primary conduit;
each external collector element is configured to rotate with respect to the respective primary conduit;
wherein the at least one toothed element is at least one toothed rack, actuating the piston to move the rack, and the piston to move the rack to engage the gears to return.
However, Brits teaches:
said external collector element arranged movably with respect to each primary conduit;
each external collector element is configured to rotate with respect to the respective primary conduit (“The outer housing 20 further creates a thermodynamic barrier so that heat loss to the atmosphere is reduced” paragraph [0042] and “It is envisaged that the gear mechanism connected to the inlets and outlets of the outer housings facilitates rotation of the outer housings from a first position wherein the reflective surface and the absorber material core are exposed to solar energy to a second position wherein the reflective surface and the absorber material core are concealed from solar energy” paragraph [0044]).
PNG
media_image8.png
592
444
media_image8.png
Greyscale
In view of the teachings of Brits, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include:
said external collector element arranged movably with respect to each primary conduit;
each external collector element is configured to rotate with respect to the respective primary conduit as is taught in Brits, in the system disclosed by Estevez because the external collector element has less mass than the external collector element and primary conduit combined. Therefore, it will require less effort to rotate only the external collector element.
Estevez, as modified by Frye, English, and Brits, does not disclose wherein the at least one toothed element is at least one toothed rack, actuating the piston to move the rack, and the piston to move the rack to engage the gears to return.
However, Meckler teaches wherein the at least one toothed element is at least one toothed rack, actuating the piston to move the rack, and the piston to move the rack to engage the gears to return (“As the rack 104 is moved in a direction perpendicular to the solar energy collectors, all of the devices 101 are simultaneously rotated about their associated collectors for simultaneously positioning the light directors within such collectors” column 7, line 22).
PNG
media_image9.png
368
570
media_image9.png
Greyscale
Estevez does not disclose the claimed toothed element Meckler teaches the claimed toothed element. The substitution of one known element (The toothed belt of Estevez) for another (The toothed rack of Meckler) would have been obvious to one having ordinary skill in the art at the time of the invention, since the substitution of the toothed rack taught in Meckler would have yielded predictable results, namely, simultaneous positioning Agrizap, Inc. v. Woodstream Corp., 520 F.3d 1337, 86 USPQ2d 1110 (Fed. Cir. 2008).
Regarding claim 4, Estevez, as modified by Frye, English, Brits and Meckler, discloses the system according to claim 1, wherein the rack acts simultaneously on all the gears (Figure 9 of Meckler).
Regarding claim 5, Estevez, as modified by Frye, English, Brits and Meckler, discloses the system according to claim 4 wherein the gears do not engage each other (Figure 9 of Meckler).
Regarding claim 6, Estevez, as modified by Frye, English, Brits and Meckler, discloses the system according to claim 1, wherein said shielding portion of each external collector element is suitably made opaque to solar radiation by opaque adhesives or films (“an opaque cover (3)” figures 2 and 3).
Regarding claim 7, Estevez, as modified by Frye, English, Brits and Meckler, discloses the system according to claim 1, wherein said drive and transmission mechanisms are configured to move said external collector elements between a collecting position and a shielding position, and vice versa (Figures 2 and 3), as a function of at least one primary heat carrier element temperature (Heat carrier temperature and pressure as modified by English).
Regarding claim 8, Estevez, as modified by Frye, English, Brits and Meckler, discloses the system according to claim 1, wherein each collector element is configured to rotate on itself, 180° with respect to the respective primary conduit (“This system consists in rotating the vacuum tubes 180° on its longitudinal axis”).
Regarding claim 11, Estevez, as modified by Frye, English, Brits and Meckler, discloses the system according to claim 7, wherein the rack acts simultaneously on all the gears (Figure 9 of Meckler).
Regarding claim 12, Estevez, as modified by Frye, English, Brits and Meckler, discloses the system according to claim 11, wherein the gears do not engage each other (Figure 9 of Meckler).
Regarding claim 13, Estevez, as modified by Frye, English, Brits and Meckler, discloses the system according to claim 7, where said shielding position of each external collector element is suitably made opaque to solar radiation by opaque adhesives or films (“an opaque cover (3)” figures 2 and 3).
Regarding claim 14, Estevez, as modified by Frye, English, Brits and Meckler, discloses the system according to claim 7, wherein each collector element is configured to rotate on itself, 180° with respect to the respective primary conduit (“This system consists in rotating the vacuum tubes 180° on its longitudinal axis”).
Regarding claim 17, Estevez, as modified by Frye, English, Brits and Meckler, discloses the system according to claim 1, wherein the hydraulic cylinder pressure intake is connected to the cylinder, and includes a fluid pressure line attached to the intake (Figure 8 of Estevez shows a pressure intake connected to the cylinder) through which the fluid pressure within said primary conduits is transmitted (By the modification taught by English).
Claims 2, 3, 9, 10, 15, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Estevez, in view of Frye, in view of English, in view of Brits, in view of Meckler, and further in view of O’Rourke (US 3067851 A), hereinafter O’Rourke.
Regarding claims 2, 3, and 15, Estevez, as modified by Frye, English, Brits, and Meckler, discloses the system according to claim 1.
Estevez, as modified by Frye, English, Brits, and Meckler, does not disclose:
wherein transmission of motion is realized by gears having different dimensions;
wherein the gears comprise driven toothed wheels and drive gear wheels, and the rack acts on said drive gear wheels but not on said driven toothed wheels;
wherein geometry of the drive and transmission mechanisms is configured to allow rotation of the required collectors by at least one driving wheel having an undersized diameter, and rotation of the collectors is obtained with a short rack and minimum stroke of the piston, thereby reducing the weight and size required for the hydraulic cylinder and for the spring to act on the hydraulic cylinder.
However, O’Rourke teaches:
wherein transmission of motion is realized by gears having different dimensions (Figure 9);
wherein the gears comprise driven toothed wheels (134) and drive gear wheels (138), and the rack acts on said drive gear wheels but not on said driven toothed wheels;
wherein geometry of the drive and transmission mechanisms is configured to allow translation of the required element by at least one driving wheel having an undersized diameter, and translation of the element is obtained with a short rack and minimum stroke of the piston, thereby reducing the weight and size required for the hydraulic cylinder (“Because pinion 138 is smaller in diameter than sprocket 134, this arrangement provides for multiplication of the traverse of piston 142 and rack 140, making it possible to employ relatively short pistons 142” column 3, line 39).
PNG
media_image10.png
370
572
media_image10.png
Greyscale
In view of O’Rourke’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include:
wherein transmission of motion is realized by gears having different dimensions;
wherein the gears comprise driven toothed wheels and drive gear wheels, and the rack acts on said drive gear wheels but not on said driven toothed wheels;
wherein geometry of the drive and transmission mechanisms is configured to allow translation of the required element by at least one driving wheel having an undersized diameter, and translation of the element is obtained with a short rack and minimum stroke of the piston, thereby reducing the weight and size required for the hydraulic cylinder as is taught in O’Rourke, in the system as presently modified because O’Rourke states that having an undersized gear makes it possible to employ relatively short pistons. Therefore, including the configuration of O’Rourke will reduce the size and weight of the components of the system as modified. The examiner notes that the shorter amount of travel will also require a smaller return spring.
Regarding claims 9, 10, and 16, Estevez, as modified by Frye, English, Brits and Meckler, discloses the system according to claim 7.
Estevez, as modified by Frye, English, Brits, and Meckler, does not disclose:
wherein transmission of motion is realized by gears having different dimensions;
wherein the gears comprise driven toothed wheels and drive gear wheels, and the rack acts on said drive gear wheels but not on said driven toothed wheels;
wherein geometry of the drive and transmission mechanisms is configured to allow rotation of the required collectors by at least one driving wheel having an undersized diameter, and rotation of the collectors is obtained with a short rack and minimum stroke of the piston, thereby reducing the weight and size required for the hydraulic cylinder and for the spring to act on the hydraulic cylinder.
However, O’Rourke teaches:
wherein transmission of motion is realized by gears having different dimensions (Figure 9);
wherein the gears comprise driven toothed wheels (134) and drive gear wheels (138), and the rack acts on said drive gear wheels but not on said driven toothed wheels;
wherein geometry of the drive and transmission mechanisms is configured to allow translation of the required element by at least one driving wheel having an undersized diameter, and translation of the element is obtained with a short rack and minimum stroke of the piston, thereby reducing the weight and size required for the hydraulic cylinder (“Because pinion 138 is smaller in diameter than sprocket 134, this arrangement provides for multiplication of the traverse of piston 142 and rack 140, making it possible to employ relatively short pistons 142” column 3, line 39).
In view of O’Rourke’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include:
wherein transmission of motion is realized by gears having different dimensions;
wherein the gears comprise driven toothed wheels and drive gear wheels, and the rack acts on said drive gear wheels but not on said driven toothed wheels;
wherein geometry of the drive and transmission mechanisms is configured to allow translation of the required element by at least one driving wheel having an undersized diameter, and translation of the element is obtained with a short rack and minimum stroke of the piston, thereby reducing the weight and size required for the hydraulic cylinder as is taught in O’Rourke, in the system as presently modified because O’Rourke states that having an undersized gear makes it possible to employ relatively short pistons. Therefore, including the configuration of O’Rourke will reduce the size and weight of the components of the system as modified. The examiner notes that the shorter amount of travel will also require a smaller return spring.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Mathieu (DE 202005002198 U1)
PNG
media_image11.png
634
492
media_image11.png
Greyscale
Chih (US 20090173338 A1) “The outer sleeve 12 and the inner sleeve 16 can be rotated relative to each other. Therefore, the focuses of the condenser lenses 14 are movably positioned on the outer circumference of the inner sleeve 16” paragraph [0020]
PNG
media_image12.png
476
548
media_image12.png
Greyscale
Fantinelli (US 20090189040 A1) “tank 5 exposed eastwards shall be heated more by the sun rays in the morning. The fluid contained in such tank shall therefore increase in pressure expanding piston 7 of the fluid dynamic cylinder 4” paragraph [0057]
PNG
media_image13.png
386
472
media_image13.png
Greyscale
Neuwen (US 20100307478 A1)
PNG
media_image14.png
366
728
media_image14.png
Greyscale
PNG
media_image15.png
406
594
media_image15.png
Greyscale
Chin (KR 20110005551 A)
PNG
media_image16.png
452
508
media_image16.png
Greyscale
Yu (CN 102183098 A)
PNG
media_image17.png
250
604
media_image17.png
Greyscale
Xue (CN 203615618 U)
PNG
media_image18.png
456
402
media_image18.png
Greyscale
Del Fabro (WO 2016071931 A1)
PNG
media_image19.png
358
484
media_image19.png
Greyscale
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LOGAN P JONES whose telephone number is (303)297-4309. The examiner can normally be reached Mon-Fri 8:30-5:00 EST.
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 (571) 272-6460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/LOGAN P JONES/Examiner, Art Unit 3762