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 § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 3, 6-10, 15-16 is/are rejected under 35 U.S.C. 102(a)(1) as being unpatentable over Au (US pub. 2015/0000722 A1).
Regarding claim 1, Au discloses a torque tube with a pentagonal cross-section, used as a rotating main beam, comprising a tube body and a cavity disposed in the tube body (Abstract, lines 14-15: “the solar tracker has a clamp assembly that is configured to pivot a torque tube”), wherein a cross-section of the tube body in a length direction is a convex pentagon comprising a first side, a second side, a third side, a fourth side, and a fifth side, wherein the first side, the second side, the third side, the fourth side, and the fifth side connected end to end in a circumferential direction to form a closed structure; the tube body is a symmetrical structure with a perpendicular bisector of the third side as an axis, the second side is symmetrical with the fourth side, the first side is symmetrical with the fifth side, and the second side and the fourth side are vertically connected to the third side (Pg. 12, lines 1-3: “In an example, the torque tube sleeve having a portion male portion configured with a multi-sided structure, e.g., triangle, square, pentagon, hexagon, etc.”).
Regarding claim 3, Au discloses wherein the second side, the third side, and the fourth side are equal in length (The lengths of the sides of the pentagon are capable of being equal in length).
Regarding claim 6, Au discloses wherein the torque tube has a pentagonal cross-section at any position extending along the length direction of the tube body (Pg. 12, lines 1-3: “In an example, the torque tube sleeve having a portion male portion configured with a multi-sided structure, e.g., triangle, square, pentagon, hexagon, etc.”).
Regarding claim 7, Au discloses wherein any position extending along the length direction of the tube body has the same pentagonal cross-section, and each side of the pentagonal cross-section has a same thickness (Fig. 48, the torque tube has a constant width across its length).
Regarding claim 8, Au discloses a solar structure, comprising:
a plurality of pillars disposed at intervals along a straight line (Fig. 1, two columns support the apparatus), wherein a top of each of the plurality of pillars is provided with a bearing module (See Fig. 15, drive assembly);
the torque tube with the pentagonal cross-section according to claim 1, wherein the torque tube is rotatably and sequentially disposed on the top of each of the plurality of pillars through the bearing module (Fig. 15, the torque tube is received by the drive assembly);
a plurality of solar modules, wherein the plurality of solar modules are sequentially disposed along an axial direction of the torque tube and configured to rotate together with the torque tube (Figs. 1-2, a plurality of solar panels are mounted to the torque tube).
Regarding claim 9, Au discloses wherein the third side of the torque tube faces toward the plurality of solar modules, and the plurality of solar modules are mounted on the third side (Fig. 5, in the embodiment characterized by a pentagonal cross-section, the solar panels would be mounted in the top surface of the torque tube) by purlins (See Figs. 45-47).
Regarding claim 10, Au discloses wherein the bearing module comprises:
a mounting stand, wherein a plurality of bolts penetrate through the mounting stand and are fixedly connected to each of the plurality of pillars (Fig. 50, the pillar connects to the mounting stand and is fastened with bolts);
a bearing seat disposed on the mounting stand, wherein the bearing seat is provided with a bearing hole (Fig. 50, bearing seat is mounted on the mounting stand);
a bearing (Pg. 3, [0063], lines 6-8: “The drive device has an off-set clamp device coupled to a cylindrical bearing device coupled to a clamp member”), wherein the bearing is provided with a mounting hole, and the torque tube is fitted in the mounting hole (Fig. 50, the torque tube is received in a hole).
Regarding claim 15, Au discloses wherein in the torque tube, the torque tube has a pentagonal cross-section at any position extending along the length direction of the tube body (Pg. 12, lines 1-3: “In an example, the torque tube sleeve having a portion male portion configured with a multi-sided structure, e.g., triangle, square, pentagon, hexagon, etc.”).
Regarding claim 16, Au discloses wherein in the torque tube, any position extending along the length direction of the tube body has the same pentagonal cross-section, and each side of the pentagonal cross-section has a same thickness (Fig. 48, the torque tube has a constant width across its length).
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.
Claim(s) 2, 4-5, 11-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Au (US pub. 2015/0000722 A1).
Regarding claim 2, Au discloses the claimed invention except for wherein an interior angle formed by the first side and the second side is between 110° and 120°. It would have been an obvious matter of design choice to make at least one of the angles of the pentagonal cross-section to be between 110° and 120° as an irregular pentagon could produce slightly more torque. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
Regarding claim 4, Au discloses the claimed invention except for wherein a first junction between endpoints of the first side and the second side forms a first round fillet, a second junction between endpoints of the second side and the third side forms a second round fillet, a third junction between endpoints of the third side and the fourth side forms a third round fillet, a fourth junction between endpoints of the fourth side and the fifth side forms a fourth round fillet, and a fifth junction between endpoints of the fifth side and the first side forms a fifth round fillet; a radius of the second round fillet between the second side and the third side is equal to a radius of the third round fillet between the third side and the fourth side; and/or a radius of the first round fillet between the first side and the second side is equal to a radius of the fourth round fillet between the fourth side and the fifth side and equal to a radius of the fifth round fillet between the fifth side and the first side. It would have been an obvious matter of design choice to make corners of the pentagon filleted as the bending of a steel sheet to make a polygonal tube will inherently create somewhat rounded corners. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
Regarding claim 5, Au discloses the claimed invention except for wherein the radius of the second round fillet between the second side and the third side is greater than the radius of the first round fillet between the first side and the second side. It would have been an obvious matter of design choice to make the radius of the second round fillet to be larger than the radius of the first round fillet to minimize stress concentrations at the second round fillet. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
Regarding claim 11, Au discloses the claimed invention except for wherein an interior angle formed by the first side and the second side is between 110° and 120°. It would have been an obvious matter of design choice to make at least one of the angles of the pentagonal cross-section to be between 110° and 120° as an irregular pentagon could produce slightly more torque. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
Regarding claim 12, Au as modified discloses the claimed invention in addition to wherein the second side, the third side, and the fourth side are equal in length (The lengths of the sides of the pentagon are capable of being equal in length).
Regarding claim 13, Au discloses the claimed invention except for wherein in the torque tube, a first junction between endpoints of the first side and the second side forms a first round fillet, a second junction between endpoints of the second side and the third side forms a second round fillet, a third junction between endpoints of the third side and the fourth side forms a third round fillet, a fourth junction between endpoints of the fourth side and the fifth side forms a fourth round fillet, and a fifth junction between endpoints of the fifth side and the first side forms a fifth round fillet; a radius of the second round fillet between the second side and the third side is equal to a radius of the third round fillet between the third side and the fourth side; and/or a radius of the first round fillet between the first side and the second side is equal to a radius of the fourth round fillet between the fourth side and the fifth side and equal to a radius of the fifth round fillet between the fifth side and the first side. It would have been an obvious matter of design choice to make corners of the pentagon filleted as the bending of a steel sheet to make a polygonal tube will inherently create somewhat rounded corners. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
Regarding claim 14, Au discloses the claimed invention except for wherein in the torque tube, the radius of the second round fillet between the second side and the third side is greater than the radius of the first round fillet between the first side and the second side. It would have been an obvious matter of design choice to make the radius of the second round fillet to be larger than the radius of the first round fillet to minimize stress concentrations at the second round fillet. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HENRY HOOPER MUDD whose telephone number is (571)272-5941. The examiner can normally be reached Monday-Friday 8am-5pm.
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/HENRY HOOPER MUDD/Examiner, Art Unit 3642 /JOSHUA J MICHENER/Supervisory Patent Examiner, Art Unit 3642
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