DETAILED ACTION
The response of January 27, 2026 is considered herein.
Claims 1-42 have been cancelled.
Claims 43-59 are pending.
Election/Restrictions
Applicant’s election of group I in the reply filed on January 27, 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 52-58 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected groups, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on January 27, 2026.
Claims 43-51, and 59 are considered on the merits herein.
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 49-51 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.
Claim 49 refers to “the trees” “the foliage”, and generally refers to a setting not previously claimed. While addressed in paragraph 45 and its dependents, the setting of plantation/orchard lacks antecedent basis. Please correct the claims to introduce the setting before addressing pieces within.
Element b of claim 49 further states “geographic coordinates of the” as a complete phrase. This is not clear. Please indicate what coordinates are being referred to.
Claims 50 and 51 are rejected as being dependent on rejected base claim 49.
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.
Claim(s) 43-51, and 59 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by SGARRELLA (US PG PUB 2020/0083838A1).
Regarding claim 43, SGARRELLA teaches an agri-voltaic system (abstract, agricultural efficiency of photovoltaic arrays), installed above the photosynthetic crop (claim 1, “sufficient sunlight to pass by and/or through motorized tiltable solar panels to crops growing beneath the solar arrays”),
(The language requiring the system to be “for improved solar incidence control on a photosynthetic crop according to a type of a photosynthetic crop” is an intended use of the device and not given patentable weight since the claim is directed to a device not a method of using. When present in a preamble, intended use is only given patentable weight so far as it dictates the structure of the device. For this reason, the intended use or purpose of the system is not given patentable weight. MPEP § 2111.02)
the system comprising:
a) at least one solar energy apparatus (figure 12) comprising at least one row of solar panels (row shown in figure 12 of panels 70, discussed in paragraph [0052]), deployed to receive solar radiation from the sun (inherent functionality of solar panels); and
b) a processor (“processor” and computer, paragraphs [0041]-[0043], [0054]-[0056]) configured to activate an algorithm for dynamic control of horizontal movement of said at least one row of solar panels to form a position of incidence of shading in rows of shade on at least one rows of crop and/or at least one service passage on ground parallel to at least one rows of crops in accordance to a requirement of solar radiation of said at least one rows of crop, said system configured to control said solar incidence on said photosynthetic crop in accordance with said type of photosynthetic crop (The device of SGARRELLA is capable of activating an algorithm for controlling the horizontal movement of the solar panels (paragraph [0054]). The use of the panels to “form a position of incidence of shading in rows of shade on at least one rows of crop and/or at least one service passage on ground parallel to at least one rows of crops in accordance to a requirement of solar radiation of said at least one rows of crop” is an intended use of the device, not a structural requirement listed within the product claim herein. For this reason, a device capable of providing the claimed functionality fulfills the claim. Moreover, the system of SGARRELLA is capable of providing control of said solar incidence on said photosynthetic crop in accordance with said type of photosynthetic crop due to its ability to provide shaded and direct sunlight to the crops below as desired (paragraphs [0045]-[0047]). The presence of rows of crops or service passages is also beyond the scope of the processor or system itself, nor is it positively recited to be part of the system. For this reason, the presence of the device over the crops as disclosed in SGARRELLA is capable of being used as claimed. While operation based on “said type of photosynthetic crop” is the intended use of the device and not given patentable weight within the product claim, SGARRELLA further teaches control of the device and its associated shading and sun exposure based on specific crop species in paragraphs [0045]-[0048].)
Regarding claim 44, SGARRELLA teaches shading from said at least one row of solar panels falls at least partially on said at least one service passage on said ground parallel to said at least one row of photosynthetic crop, wherein said at least one row of photosynthetic crop comprises at least one row of trees, responsive to a solar energy requirement of said at least one rows of photosynthetic crop. (The presence of a service passage is not part of the system itself, but rather what the system is intended to be used on (clearly not positively recited in claim 43 but rather optional and as a way to define the structure). Moreover, SGARRELLA teaches the use of shading to allow for optimal growth for the crops (paragraphs [0063] and [0064]) reading on a device capable of functioning as written in the claim.).
Regarding claim 45, SGARRELLA teaches said photosynthetic crop is selected from trees and vines and the system is deployed in an orchard or a vineyard (The use the system with a particular type of crop is interpreted as the intended use of the device and does not differentiate the system structurally. For this reason, SGARRELLA is capable of being of use in an orchard or vineyard over trees or vines. Moreover, in the interest of compact prosecution, paragraph [0048] teaches the use of system over squash, pumpkins and cucumbers, all crops which grow on vines, reading on the claim.).
Regarding claims 46 and 47, claim 45 (from which they depend) indicates the crop can be trees or vines, therefore claims 46 and 47 are fulfilled by the selection of vines from the parent claim and SGARRELLA’s disclosure of vine crops, the option to not address tree use.
Regarding claim 48, SGARRELLA teaches the system to further comprise at least one of:
a. A DC: AC current inverter (paragraph [0053]);
b. radiation and micro-climate sensors (environmental climate sensors including sun and wind strength sensors in paragraph [0037], [0038], [0046]);
c. at least one horizontally movable panel support (18 and the associated vertical members connected to component 200 in figure 12 to allow horizontal movement and support panels 70); and
d. at least one panel tilt angle moving element configured to tilt said at least one row of solar panels according to instructions received from said processor (paragraph [0052] teaches tilting the panels via motor controllers and positional motors via information from the computer).
Regarding claim 49, claim 48 lists the selection of one system of the four listed, therefore, claim 49 is fulfilled by the presence of the inverter or climate sensors and does not need to address the instructions of the optional fourth selection in claim 48 herein to fulfill the claim. However, only in the interest of compact prosecution, SGARRELLA teaches the movement of the panels based on at least the width of the panel or row (“size or weight of the solar panels”, paragraph [0052]).
Regarding claim 50, SGARRELLA teaches said algorithm is further configured to dynamically control an area of incidence of shading from said at least one row of solar panels (paragraph [0073])
Regarding claim 51, based on the selection of component a, b or c in claim 49, claim 51 is taught in SGARRELLA and fulfilled.
Regarding claim 59, SGARRELLA teaches the solar energy apparatus (panels 70) is deployed on at least one mechanical moveable support (200/vertical components/18/72), whereby the apparatus is operative to control full or partial shading of the photosynthetic crop (paragraph [0063]) and wherein said at least one cable or said at least one rail enables said at least one row of solar panels to slide horizontally above said photosynthetic crop (selection of one mechanical moveable support from the list makes this an optional limitation fulfilled by the selection of the one mechanical moveable support, but the mechanical moveable support also provides the same functionality as shown in figure 12).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
THORNE (US PG PUB 2010/0263660) teaches the use of a photovoltaic panel system in an orchard and horizontal movement of the panels in abstract, as required in at least claim 43.
NOGIER (US PG PUB 2017/0126172) teaches a photovoltaic panel system relative to rows of crops in figure 1, just as in claim 43.
JP2016073100A is directed to the shading and irradiance profiles of tiltable solar panels, possibly relevant based on future amendment to the desired shading profiles of panels as in SGARRELLA.
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/KOURTNEY R S CARLSON/ Primary Examiner, Art Unit 1721 6/11/2026
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