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 § 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 1-20 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 1 recites, “an environmental condition to effect the floating solar array system;”. It is not clear what all is meant and encompassed by the phrase, “an environmental condition to effect the floating solar array system;”. Is the phrase meant to read, “an environmental condition AFFECTING the floating solar array system? The word terms, “…to effect…” will be interpreted as, -- AFFECTING--.
In addition, in claim 1, the phrase, “dynamically adjust a configuration of the floating solar array system to optimize net energy harvesting of the floating solar array system from the floating solar array and the kinetic energy harvester based on the determined environmental condition to effect the floating solar array system.” is confusing. It is suggested that the passage be written as:
--dynamically adjust a configuration of the floating solar array system to optimize net energy harvesting of the floating solar array system based on the determined environmental condition affecting the floating solar array system--.
The rest of the claims are rejected for depending on a rejected base claim of for having similar deficiencies as claim 1 or for depending on a rejected base claim.
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over WESTBY TOV (ES 2702706 T3) in view of Sant'Anselmo Robert (US 20110049992 A1).
Regarding claim 1, WESTBY TOV discloses a computer-implemented method of facilitating energy harvesting (power plant due to floating body 11 of a wave energy converter (12), and a mechanical-electrical, mechanical-hydraulic or piezoelectric energy converter 16; Abstract; figs. 1-3), the computer-implemented method comprising:
obtaining a data-analysis-based control to control energy harvesting from a floating solar array system on water (fig. 2; unit 36, 37; abstract; The floating body 11 is further provided with power supply means, such as a solar cell plant including at least one solar cell panel 36, 37 disposed above the floating body 11), the floating solar array system including a floating solar array to harvest solar energy and a kinetic energy harvester to harvest kinetic energy (The energy conversion unit 12 includes an energy converter, preferably in the form of a linear generator 16 arranged in a housing 17 placed in a socket 18 in the seabed 19. The housing 17 and the linear generator 16 have a weight y, optionally, an anchoring which ensures that the energy conversion unit 12 remains stable in its position on the seabed 19.
As an alternative to the linear generator 16, a rotary generator, a hydraulic pump or a piezoelectric generator can be used. In any case, the output of the energy conversion unit 12 is prepared to be interconnected from a large number of identical or similar wave energy converters. For this purpose, a cable 20 is used which forms part of an interconnection network with connection to a consumer network on land or on the high seas), the data-analysis-based control being configured to:
determine an environmental condition to effect the floating solar array system (Figure 2 schematically shows a sectional side view of the floating body 11, as shown in figure 1. Figure 2 shows a floating body 11 located on the high seas 14 and by the movements of the waves moves up and down in relation to an energy conversion unit. 12. Because the floating body 11 is connected to the energy conversion unit 12 by the cable 13, the vertical movement of the floating body 11 will affect the generator 16 in Figure 1 with a force corresponding to the lifting force; ….. In addition, the floating body 11 includes a control unit 40 that is provided with means and / or software for controlling the floating body 11. The control unit 40 is arranged to acquire information regarding the water / pressure level in the ballast tank 22, the tension of the cable, the measurement of movement, the measurement of the wind and, optionally, the measurement of precipitations and temperature, the information of height of the waves and frequency of the waves, as well as the career of the conversion unit of energy 12. Preferably, the control unit 40 is also arranged to monitor the power supply status, i.e., to verify whether the solar cell plant works well, the state of the battery, etc.).
WESTBY TOV did not particularly recite, “dynamically adjust a configuration of the floating solar array system”.
However, Sant ‘Anselmo Robert teaches of:
a floating solar array system comprising a floating solar array and a kinetic energy harvester (sec 0390-0395, 0399, 0462);
a controller to dynamically adjust a configuration of the floating solar array system to optimize net energy harvesting of the floating solar array system based on the determined environmental condition to affecting the floating solar array system (fig. 14F, 16B, 16C, 31, 32, 40, etc; sec 0473-0476).
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify WESTBY TOV to dynamically adjust a configuration of the floating solar array system ad taught by Sant ‘Anselmo Robert for the purpose of achieving an optimized position to receive the sun's rays and improve energy harvesting.
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.
Claims 10, 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sant'Anselmo Robert (US 20110049992 A1).
Regarding claim 10, Sant'Anselmo Robert discloses a computer system for facilitating energy harvesting (sec 0390-0395, 0399, 0462), the computer system comprising:
a memory (sec 0806, 0807); and
at least one processor in communication with the memory (sec 0806, 0807), wherein the computer system is configured to perform a method, the method comprising:
obtaining a data-analysis-based control to control energy harvesting from a floating solar array system on water (figs. 46, 64; sec 0538-0541, 0629), the floating solar array system including a floating solar array to harvest solar energy and a kinetic energy harvester to harvest kinetic energy (fig. 14F, 16B, 16C, 31, 32, 40, etc; sec 0473-0476), the data-analysis-based control being configured to:
determine an environmental condition affecting the floating solar array system (fig. 14F, 16B, 16C, 31, 32, 40, etc; sec 0473-0476); and
dynamically adjust a configuration of the floating solar array system to optimize net energy harvesting of the floating solar array system based on the determined environmental condition affecting the floating solar array system (fig. 14F, 16B, 16C, 31, 32, 40, etc; sec 0473-0476).
Regarding claim 18, Sant'Anselmo Robert discloses a computer program product for facilitating energy harvesting (sec 0390-0395, 0399, 0462), the computer program product comprising:
one or more computer readable storage media and program instructions collectively stored on the one or more computer readable storage media (sec 0806, 0807) readable by at least one processer to:
obtain a data-analysis-based control to control energy harvesting from a floating solar array system on water (figs. 46, 64; sec 0538-0541, 0629), the floating solar array system including a floating solar array to harvest solar energy and a kinetic energy harvester to harvest kinetic energy (fig. 14F, 16B, 16C, 31, 32, 40, etc; sec 0473-0476), the data-analysis-based control being configured to:
determine an environmental condition to affecting the floating solar array system (fig. 14F, 16B, 16C, 31, 32, 40, etc; sec 0473-0476); and
dynamically adjust a configuration of the floating solar array system to optimize net energy harvesting of the floating solar array system based on the determined environmental condition to effect the floating solar array system (fig. 14F, 16B, 16C, 31, 32, 40, etc; sec 0473-0476).
Allowable Subject Matter
Claims 2-5, 6-8, 9, 11-13, 14-16, 17, 19, 20 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.
Conclusion
The prior art [MA, Xin-wei ZHANG (CN 216034930 U); MA, Xin-wei (CN 116591887 A)} made of record and not relied upon is considered pertinent to applicant's disclosure.
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RONNIE MANCHO whose telephone number is (571)272-6984. The examiner can normally be reached Mon-Thurs.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Adam Mott can be reached at 571 270 5376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RONNIE M MANCHO/ Primary Examiner, Art Unit 3657
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