DETAILED ACTION
This is the second Office Action regarding application number 18/527,134, filed on 12/01/2023, which is a claims priority to PRO 63/429,849, filed on 12/02/2022.
This action is in response to the Applicant’s Response received 10/10/2025.
Status of Claims
Claims 1-5, 7, 8, 10-17, 19, 20, 22-24, and 26-30 are currently pending.
Claims 6, 9, 18, 21, and 25 are canceled.
Claim 30 is new.
Claims 1, 4, 10, 11, 13-16, 22, and 29 are amended.
Claims 1-5, 7, 8, 10-17, 19, 20, 22-24, and 26-30 are examined below.
No claim is allowed.
Response to Arguments
The Applicant’s arguments received 10/10/2025 have been carefully considered but they are not found persuasive.
The new claim limitations recite functional language and intended use, and the examiner determines that the cited prior art would possess the capability of performing the recited functions and uses. The examiner more fully addresses each of the newly recited limitations in the rejections below. The applicant did not put forward any specific remarks stating how the prior art references do not teach the claim limitations.
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 1-3, 5, 7, 8, 10, 13-15, 17, 19, 20, 22, and 26-30 are rejected under 35 U.S.C. 103 as being unpatentable over LI (US 2023/0170841 A1) in view of LIU (US 2016/0308488 A1). BATTERY (“BU-410: Charging at High and Low Temperatures”, published online July 29, 2021, on batteryuniversity.com) is an evidentiary reference.
Regarding claims 1, 13, and 26, LI teaches a solar tracker controller/system (controller 161) for controlling an angle of inclination of a table of an associated solar tracker assembly, the table including a plurality of photovoltaic modules (22) and the solar tracker assembly including a drive mechanism (articulation system 100) for pivoting the table through an angle of inclination range, the solar tracker controller comprising:
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a) controller electronics including a motor driver controlled by the controller electronics, the motor driver electrically coupled to the drive mechanism of the associated solar tracker assembly and selectively energized by the controller electronics to actuate the drive mechanism and thereby pivot the table of the associated solar tracker assembly (para. 78 describes how the controller drives the articulation to track the sun);
b) a rechargeable battery for powering controller electronics (energy storage device may be a battery, para. 7), the rechargeable battery charged by a controller power source and having a minimum required operating temperature, the rechargeable battery including an outer surface;
c) a heating assembly electrically controlled by the controller electronics, the heating assembly disposed in proximity to the outer surface of the rechargeable battery (“The heating element may be disposed in thermal communication with the battery to maintain the battery at an optimal charging and/or storage temperature.”);
d) a temperature sensor electrically coupled to the controller electronics, the temperature sensor disposed in proximity to the rechargeable battery, the controller electronics monitoring an output signal of the temperature sensor indicative of the temperature of the rechargeable battery and, when the temperature of the rechargeable battery is within a predetermined value of the minimum required operating temperature, the controller electronics actuating the heating assembly to provide heat to the rechargeable battery to maintain the temperature of the rechargeable battery at or above the minimum required operating temperature of the rechargeable battery (para. 85: “The heating element may be disposed in thermal communication with the battery to maintain the battery at an optimal charging and/or storage temperature. In some aspects, the heating may be used only during cold atmospheric conditions.”); and
e) the controller power source including one or more photovoltaic modules (controller and power circuitry integrated together, para. 89).
LI does not disclose expressly a temperature sensor.
LIU teaches that you should combine a pony panel to power a controller and motor and add a sensor to monitor a temperature of a battery (para. 11).
Skilled artisans would have found it obvious to modify LI and add a temperature sensor in order to monitor the temperature of the battery that powers the tracking motors, so that the system desirably runs by itself in self-powered mode without use of external power lines or other energy sources as taught by LIU (para. 163).
Although LI does not explicitly use the terms “minimum required operating temperature” the examiner determines that skilled artisans would find it obvious to provide said claimed temperature to the battery “to maintain the battery at an optimal charging and/or storage temperature” because these skilled artisans would be well aware that rechargeable batteries can become inefficient or damaged with temperature extremes.
The claims are newly amended to include a variety of functional limitations related to the controller electronics and the rechargeable battery. The examiner determines that the controller electronics are capable of utilizing battery temperature control software because LI explains that the controller can adjust and maintain the battery at temperatures ideal for charging and also for storage.
The new recitations directed to first and second minimum required operating temperatures for a rechargeable battery are very well-known in the field of renewable energy, and professionals having experience with batteries would be well-aware that the specification sheets for batteries commonly require different temperature ranges for charging and discharging. Simply for evidentiary documentation, the examiner notes that the BATTERY evidentiary reference describes a rechargeable lithium-type battery, indicating that the charging temperature range is 32-113F and the discharge temperature range is -4-140F. The first and second sets of hours (charging and discharging, respectively) recite only intended use of the controller and battery and when the claimed product is intended to be used. The claims do not require that the first and second minimum required operating temperatures of the rechargeable battery are different, so these limitations also would be satisfied by any prior art document having a rechargeable battery.
Further, “to enable charging” and “to enable discharging” are broadly interpreted, because rechargeable batteries will charge/discharge even below the minimum required operating temperatures, but at possibly different rates and with possibly different performance.
Claim 26’s “using decision rules” limitation is interpreted to be intended use and purely functional language that does not add any further components or structure to the already-recited controller electronics.
Regarding claim 2, modified LI teaches or would have suggested the solar tracker controller of claim 1 wherein the one or more photovoltaic modules of the controller power source includes one or more dedicated photovoltaic modules mounted to the table of the associated solar tracker assembly (LIU’s pony panel provides the controller and motor power sources and would be obvious to connect this way; simple rearrangement of parts, MPEP 2144.04).
Regarding claim 3, modified LI teaches or would have suggested the solar tracker controller of claim 1 wherein the one or more photovoltaic modules of the controller power source includes a string of electrically coupled photovoltaic modules of the plurality of photovoltaic modules of the table of the associated solar tracker assembly (LI, para. 39 explains that the plurality of modules are electrically coupled together).
Regarding claim 5, modified LI teaches or would have suggested the solar tracker controller of claim 1 wherein the controller electronics, the rechargeable battery, the heating element and the temperature sensor are disposed in a controller housing mounted to the table of the associated solar tracker assembly (LIU, para. 158 explains the wisdom of adding the electronics into a weather tight box so that the components are not subjected to undesirable ambient conditions; it would be obvious to enclose all of the electronics, battery, elements, and sensors into a single housing to prevent them from getting ruined by the ambient conditions, i.e., rain, moisture, wasps/bird poop/crows).
Regarding claim 7, modified LI teaches or would have suggested the solar tracker controller of claim 1 wherein the heating assembly includes a thermally conductive material surrounding at least a portion of the outer surface of the rechargeable battery (“thermal communication” referenced by LI means that thermal heat energy is “conducted” and “conductive” to the bater, so there is thermally conductive materially surrounding at least some non-zero portion of the outer surface of the rechargeable battery in order for it to be heated to maintain working temperature).
Regarding claim 8, modified LI teaches or would have suggested the solar tracker controller of claim 1 wherein the controller electronics includes a microcontroller, the microcontroller controlling the motor driver, the heating assembly and the temperature sensor (LI teaches that the controller includes a CPU, para. 87, and can include other processors and memory for system control, para. 88; LIU, para. 159 also explains that a “microcontroller” may be provided and include motor control and battery temperature sensor inputs, para. 162; skilled artisans would find obvious the combination of these well-known electronic components to produce a “smart” controller device capable of self-control).
Regarding claim 10, modified LI teaches or would have suggested the solar tracker controller of claim 1 wherein the controller electronics includes a microcontroller which utilizes the battery temperature control software and actuates the heating assembly to selectively provide heat to the rechargeable battery to maintain the temperature of the rechargeable battery within a predetermined range at or above the minimum required operating temperature of the rechargeable battery (LIU, para. 159 explains that a “microcontroller” may be provided and include motor control and battery temperature sensor inputs, para. 162; skilled artisans would find obvious the combination of these well-known electronic components to produce a “smart” controller device capable of self-control; LI explains that in cold temperatures that the heating element should be turned on to maintain the battery at an optimal charging and/or storage temperature; controller would be capable of the claimed functions).
Regarding claim 14, modified LI teaches or would have suggested the solar tracker assembly of claim 13 wherein the one or more photovoltaic modules of the controller power source of the solar tracker controller includes one or more dedicated photovoltaic modules mounted to the table of the solar tracker assembly (LIU’s pony panel provides the controller and motor power sources and would be obvious to connect this way; simple rearrangement of parts, MPEP 2144.04).
Regarding claim 15, modified LI teaches or would have suggested the solar tracker assembly of claim 13 wherein the one or more photovoltaic modules of the controller power source of the solar tracker controller includes a string of electrically coupled photovoltaic modules of the plurality of photovoltaic modules of the table of solar tracker assembly (LI, para. 39 explains that the plurality of modules are electrically coupled together).
Regarding claim 17, modified LI teaches or would have suggested the solar tracker assembly of claim 13 wherein the controller electronics, the rechargeable battery, the heating element and the temperature sensor of the solar tracker controller are disposed in a controller housing mounted to the table of the associated solar tracker assembly (LIU, para. 158 explains the wisdom of adding the electronics into a weather tight box so that the components are not subjected to undesirable ambient conditions; it would be obvious to enclose all of the electronics, battery, elements, and sensors into a single housing to prevent them from getting ruined by the ambient conditions, i.e., rain, moisture, wasps/bird poop/crows).
Regarding claim 19, modified LI teaches or would have suggested the solar tracker assembly of claim 13 wherein the heating element of the solar tracker controller includes a thermally conductive material surrounding at least a portion of the outer surface of the rechargeable battery (“thermal communication” referenced by LI means that thermal heat energy is “conducted” and “conductive” to the bater, so there is thermally conductive materially surrounding at least some non-zero portion of the outer surface of the rechargeable battery in order for it to be heated to maintain working temperature).
Regarding claim 20, modified LI teaches or would have suggested the solar tracker assembly of claim 13 wherein the controller electronics of the solar tracker controller includes a microcontroller, the microcontroller controlling the motor driver (LI teaches that the controller includes a CPU, para. 87, and can include other processors and memory for system control, para. 88; LIU, para. 159 also explains that a “microcontroller” may be provided and include motor control and battery temperature sensor inputs, para. 162; skilled artisans would find obvious the combination of these well-known electronic components to produce a “smart” controller device capable of self-control).
Regarding claim 22, modified LI teaches or would have suggested the solar tracker assembly of claim 13 wherein the controller electronics of the solar tracker controller actuates the heating assembly to selectively provide heat to the rechargeable battery to maintain the temperature of the rechargeable battery within a predetermined range at or above the minimum required operating temperature of the rechargeable battery (LIU, para. 159 explains that a “microcontroller” may be provided and include motor control and battery temperature sensor inputs, para. 162; skilled artisans would find obvious the combination of these well-known electronic components to produce a “smart” controller device capable of self-control; LI explains that in cold temperatures that the heating element should be turned on to maintain the battery at an optimal charging and/or storage temperature).
Regarding claim 27, modified LI teaches or would have suggested the solar tracker controller of claim 26 wherein the controller electronics includes a motor driver controlled by the controller electronics, the motor driver electrically coupled to the drive mechanism of the associated solar tracker assembly and selectively energized by the controller electronics to actuate the drive mechanism and thereby pivot the table of the associated solar tracker assembly (power circuitry generates signals, aka “driver” to energize and actuate the drive mechanism, see both LI and LIU that perform this function).
Regarding claim 28, modified LI teaches or would have suggested the solar tracker controller of claim 26 wherein the controller power source includes one or more photovoltaic modules (LIU’s pony panel provides the controller and motor power sources and would be obvious to connect this way; simple rearrangement of parts, MPEP 2144.04).
Regarding claim 29, modified LI teaches or would have suggested the solar tracker controller of claim 26, wherein the controller electrics utilizes battery temperature control software which includes the decision rules for maintaining rechargeable battery temperature (this recited intended use and functional limitations, and as explained above in the rejection of claim 1 and 26, the controller electronics includes all of the necessary hardware to be capable of performing the recited function).
Claims 4 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over LI (US 2023/0170841 A1) in view of LIU (US 2016/0308488 A1) as applied to claims 1 and 13 above, and further in view of UZUNO (JP H1032021 A; English machine translation provided).
Regarding claims 4 and 16, modified LI teaches or would have suggested the solar tracker controller of claim 1/13 but does not disclose expressly further including insulation surrounding at least a part of the outer surface of the rechargeable battery, the heating element disposed between the insulation and a first portion of the outer surface of the rechargeable battery and the temperature sensor disposed between the insulation and a second portion of the outer surface of the rechargeable battery, the first portion of the outer surface being spaced from the second portion of the outer surface.
UZUNO generally teaches very basic concepts that would be known not only to skilled artisans in the mechanical and electrical arts, but also generally known to any person familiar with keeping things warm using a heating element and a thermometer: that is, insulation is supplied around an exterior of a space to be kept warm, and a temperature sensor is positioned within this insulated space to monitor the temperature, and a heating element is also positioned within the insulated space to add heat when appropriate (see entire reference generally). Intelligent minds are also able to instantly appreciate that placement of a heating element immediately next to a temperature sensor will not accurately function in an effective manner, and that some space must be between the two so that the sensor reads the temperature of the insulated space rather than the surface temperature of the heating element.
Skilled artisans would have found it obvious to modify LI and add insulating surrounding the exterior of the rechargeable battery, position the heating element and temperature sensor within the insulated space (but not necessarily right on top of each other and interfering with each other), and the heating element also within this space but arranged at an intelligent distance away from the sensor, and that UZUNO illustrates the utility of said arrangement of insulation and heating element with respect to a battery. The remaining modifications would be obvious and quickly achievable even to average minds using common sense and basic logic of how heat works.
Claims 11, 12, 23, 24, and 30 are rejected under 35 U.S.C. 103 as being unpatentable over LI (US 2023/0170841 A1) in view of LIU (US 2016/0308488 A1) as applied to claims 1 and 13 above, and further in view of BATTERY (“BU-410: Charging at High and Low Temperatures”, published online July 29, 2021, on batteryuniversity.com).
Regarding claims 11, 12, 23, 24, and 30, modified LI teaches or would have suggested the solar tracker controller of claim 1 but does not disclose expressly that the first set of hours correspond to daylight hours and the second set of hours correspond to non-daylight hours, the first minimum required operating temperature being greater than the second minimum required operating temperature (claim 11/23/30), or that the first minimum required operating temperature of the rechargeable battery is +2 degrees C and the second minimum required operating temperature is -8 degrees C (claim 12/24).
BATTERY teaches that batteries have minimum operating temperatures for charging and discharging, and notes in Table 1 the typical temperature ranges.
Skilled artisans would have found it obvious to modify LI and produce a controller capable of maintaining minimum charge and discharge temperatures for the associated rechargeable battery in order to maintain battery health as taught by BATTERY, and these prior art ranges overlap with the values claimed and are prima facie obvious.
The examiner further concludes that the recitation of first and second sets of hours are intended use and purely functional limitations that do not add any further structural requirements to the product claims, and that the controller disclosed by the prior art would already be fully capable of performing the recited functions at chosen times of day. Skilled artisans would also find it quite logical that the higher temperature range would be selected for daytime related to the lower nighttime temperature, because daytime temperatures are generally understood to be greater than nighttime temperatures.
Conclusion
No claim is allowed.
THIS ACTION IS MADE FINAL. 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 extension fee 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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANGELO TRIVISONNO whose telephone number is (571) 272-5201 or by email at <angelo.trivisonno@uspto.gov>. The examiner can normally be reached on MONDAY-FRIDAY, 9:00a-5:00pm EST. The examiner's supervisor, NIKI BAKHTIARI, can be reached at (571) 272-3433.
/ANGELO TRIVISONNO/
Primary Examiner