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 .
Summary
This is the response to the Amendment/Request for Reconsideration filed on 01/05/2026.
Claims 1-17 and 19-21 remain pending in the application.
Claim Rejections - 35 USC § 102
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) 17 and 19-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ulrich (DE202005021063 with provided machine English translation).
Addressing claim 17, Ulrich discloses a damper assembly (fig. 1) for use in a solar tracker system (the limitation “for use in a solar tracker system” is drawn to the intended use of the damper assembly that does not structurally differentiate the claimed assembly from that of the prior art), the damper assembly comprising:
an inner shell 3 at least partially defining an inner fluid channel (48 and 49) within the inner shell;
an outer shell 2 surrounding the inner shell (fig. 1), wherein an outer fluid channel 8 is defined radially between the inner shell and the outer shell;
a piston (6+7 described in paragraph [0033] of the translation document) at least partially positioned within the inner shell (fig. 1), the piston being adapted for connecting to the solar tracker system to receive external loads on the solar tracker system (the limitation does not structurally differentiate the claimed piston from that of the prior art because the piston of Ulrich is configured to be attached to external structures to receive external loads from external structures as described in paragraph [0011-0014 and 0056-0060]; therefore, the piston of Ulrich is structurally configured to be attached to the claimed solar tracker system for receiving external loads from the solar tracker system as claimed), the piston being moveable within the inner shell in response to receiving the external loads [0011-0014 and 0056-0060] from the solar tracker system (the limitation “from the solar tracker system” does not structurally differentiate the claimed piston from that of the prior for the reasons stated above);
a chamber wall (the inner wall formed by the lower sealing piece 5 containing the throttle element 39, [0040]) within the outer shell at least defining a chamber (fig. 1 shows the chamber defined by the lower sealing piece 5 within which the cylindrical shaft 42, the cone 41 and the threaded piece 43 reside); and
a locking valve comprising a shaft 42 extending into the chamber and a seal 41 attached to the shaft (fig. 1), the shaft being moveable within the chamber between an unsealed position in which the seal is spaced away from the chamber wall (the position where the cone or seal 41 is spaced away from the ring shoulder 34 of the chamber wall) and a flow path is defined connecting the inner fluid channel and the outer fluid channel through the chamber (fig. 1 shows when the seal 41 is spaced away from the ring shoulder 34 of the chamber wall, a flow path is formed between the inner fluid channel and the outer fluid channel via the passage 35), and a sealed position in which the seal contacts the chamber wall and the locking valve obstructs the flow path (fig. 1 implies a configuration where the seal 41 contacts the ring shoulder 34, which obstructs the flow of fluid from the inner fluid channel to the outer fluid channel, that corresponds to the claimed sealed position).
Addressing claim 19, Ulrich discloses in paragraph [0060] that the dampening effect can be adjusted via a tool operated by the user, such as a screw, that can be extended to contact the tubular threaded stud 36 to move the throttle element, which includes the cone 41 more or less towards or away from the ring shoulder 34. Therefore, the threaded stud 36 and the tool that extended into the lower sealing piece 5 to contact the tubular treaded stud 36 corresponds to the claimed controller assembly moveably attached to the outer shell (via the intervening structures) and extending outwards from the outer shell, the control assembly comprising a drive 36 operably engaged with the shaft to move the shaft between the sealed and unsealed positions.
Addressing claim 20, fig. 1 of Ulrich shows the lower sealing piece 5 as the claimed locking housing within the outer shell 2, the lock housing including the chamber wall and defining the chamber (as discussed above in the rejection of claim 17), wherein the lock housing further defines a first fluid passageway 29 providing fluid communication between the chamber and the inner shell (fig. 1) and a second fluid passageway 35 extending from the chamber to the outer fluid channel (fig. 1).
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.
Claim(s) 1, 3-4, 6-7, 11-14 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jiang et al. (CN212163236 with provided machine English translation) in view of Ulrich (DE202005021063 with provided machine English translation).
Addressing claim 1, Jiang discloses a solar tracker system (fig. 1) comprising:
a tube 32;
a column 31 supporting the tube 32 (fig. 16);
a solar panel 1 connected to the tube (fig. 13); and
a damper assembly 33 (paragraph [0047] of the translation document) having a first end pivotably connected to the tube (fig. 16) and a second end pivotably connected to the column (figs. 14-15).
Jiang further discloses the damper assembly is a hydraulic damper and it is utilized to provide resistance for minimizing impact of strong winds to the system [0050].
Jiang is silent regarding the damper assembly with the claimed structures.
Ulrich discloses a damper assembly (fig. 1) comprising:
an inner shell 3 at least partially defining an inner fluid channel (48 and 49) within the inner shell;
an outer shell 2 surrounding the inner shell (fig. 1), wherein an outer fluid channel 8 is defined radially between the inner shell and the outer shell;
a piston (6+7 described in paragraph [0033] of the translation document) at least partially positioned within the inner shell (fig. 1), the piston being adapted to receive external (the piston of Ulrich is configured to be attached to external structures to receive external loads from external structures as described in paragraph [0011-0014 and 0056-0060]), the piston being moveable within the inner shell in response to receiving the external loads [0011-0014 and 0056-0060];
a chamber wall (the inner wall formed by the lower sealing piece 5 containing the throttle element 39, [0040]) within the outer shell at least defining a chamber (fig. 1 shows the chamber defined by the lower sealing piece 5 within which the cylindrical shaft 42, the cone 41 and the threaded piece 43 reside); and
a locking valve comprising a shaft 42 extending into the chamber and a seal 41 attached to the shaft (fig. 1), the shaft being moveable within the chamber between an unsealed position in which the seal is spaced away from the chamber wall (the position where the cone or seal 41 is spaced away from the ring shoulder 34 of the chamber wall) and a flow path is defined connecting the inner fluid channel and the outer fluid channel through the chamber (fig. 1 shows when the seal 41 is spaced away from the ring shoulder 34 of the chamber wall, a flow path is formed between the inner fluid channel and the outer fluid channel via the passage 35), and a sealed position in which the seal contacts the chamber wall and the locking valve obstructs the flow path (fig. 1 implies a configuration where the seal 41 contacts the ring shoulder 34, which obstructs the flow of fluid from the inner fluid channel to the outer fluid channel, that corresponds to the claimed sealed position).
At the time of the effective filing date of the invention, one with ordinary skill in the art would have found it obvious to modify the damper assembly of Jiang with the damper assembly disclosed by Ulrich because the damper assembly of Ulrich allows the damping effect to be adjusted by the user via a suitable tool (Ulrich, [0060-0061]).
Addressing claims 3-4, Ulrich discloses in paragraph [0060] that the dampening effect can be adjusted via a tool operated by the user, such as a screw, that can be extended to contact the tubular threaded stud 36 to move the throttle element, which includes the cone 41 more or less towards or away from the ring shoulder 34. Therefore, the threaded stud 36 and the tool that extended into the lower sealing piece 5 to contact the tubular treaded stud 36 corresponds to the claimed controller assembly moveably attached to the outer shell (via the intervening structures) and extending outwards from the outer shell, the control assembly comprising a drive 36 operably engaged with the shaft to move the shaft between the sealed and unsealed positions. The tool along with the threaded stud 36 that forms the claimed controller assembly also extends outward from the outer shell in a direction that is parallel to an extension axis of the shaft 42.
Addressing claims 6-7, fig. 1 of Ulrich shows the lower sealing piece 5 as the claimed locking housing within the outer shell 2, the lock housing including the chamber wall and defining the chamber (as discussed above in the rejection of claim 17), wherein the lock housing further defines a first fluid passageway 29 providing fluid communication between the chamber and the inner shell (fig. 1) and a second fluid passageway 35 extending from the chamber to the outer fluid channel (fig. 1).
Addressing claim 11, fig. 1 of Ulrich shows the damper assembly defines a longitudinal axis extending through the first and second ends, the shaft 42 moving a long an extension axis when moved between the unsealed and sealed positions, and wherein the extension axis is parallel to the longitudinal axis.
Addressing claim 12, fig. 1 of Ulrich shows the damper assembly further comprises a lock housing 5 within the outer shell 2 and at least partially defining the chamber, the lock housing 5 having an exterior face (the lower face) to face the piston (6+7), the lock housing defining a first channel 29 that extends through the exterior face of the lock housing and to the chamber, the lock housing further defining a second channel 35 that extends from the chamber and to the outer fluid channel (fig. 1).
Addressing claim 13, fig. 1 of Ulrich shows the second channel 35 is oriented perpendicular to the first channel 29.
Addressing claim 14, fig. 1 of Ulrich shows the shaft includes a distal end (the tip of the cone 41), and wherein the distal end extends to and covers the first channel when the shaft is in the sealed position.
Addressing claim 16, the locking valve of Ulrich opens and closes the chamber by moving axially within the chamber for controlling the flow, pressure and direction of the fluid medium as described above, which qualifies the locking valve of Ulrich as the claimed spool valve.
Allowable Subject Matter
Claim 21 is allowed.
Claims 2, 5, 8-10 and 15 are 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.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 3-4, 6-7, 11-14 and 16-20 have been considered but are moot because the new ground of rejection does not rely on any reference and combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/BACH T DINH/Primary Examiner, Art Unit 1726 01/20/2026