DETAILED ACTION
Email Communication
Applicant is encouraged to authorize the Examiner to communicate via email by filing form PTO/SB/439 either via USPS, Central Fax, or EFS-Web. See MPEP 502.01, 502, 502.03.
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 .
Response to Amendment
Applicant’s amendment of 05/12/2026 does not place the Application in condition for allowance.
Claims 1-5 and 7-8 are currently pending. In response to Office Action mailed on 03/24/2026, Applicant has amended claims 1-5 and 7-8, and cancelled claims 6 and 9-10.
Status of the Rejections
Due to Applicant’s amendment of claims 1-5 and 7-8, all rejections from the Office Action mailed on 03/24/2026 are withdrawn. However, upon further consideration, a new ground of rejection is presented below.
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 4 and 5 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 4 recites the limitation "a U-shaped groove" in line 3. There is insufficient antecedent basis for this limitation in the claim. It is suggested to change the limitation to “the U-shaped groove”. Claim 5 is rejected for its dependency on claim 4.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-5 and 7-8 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Tan et al. (CN 214036491 U).
Regarding claim 1, Tan discloses a photovoltaic tracking support (see figures 2-8), comprising: a photovoltaic support spindle (1), a post (7) (figure 4 and page 5), a support seat (fixing frame 8) (fig. 4 and page 5), a photovoltaic panel (photovoltaic plate 3), and a connecting assembly (mounting seat 5, fig. 6), wherein the photovoltaic support spindle (1) is inserted into the support seat (8) (see fig. 4 that shows 1 is inserted into 8).
Tan further discloses that the support spindle (1) comprises a long shaft (1), wherein the long shaft comprises:
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a first flat panel (top flat plate, see annotated figure),
a second flat panel (one of right and left sides flat plates, see annotated figure),
a third flat panel (other of right and left sides flat plates, see annotated figure),
a first arc panel (bottom arc panel, see annotated figure),
a second arc panel (one of right and left sides arc panel on the top side, see annotated figure), and
a third arc panel (other of right and left sides arc panel on the top side, see annotated figure);
the first arc panel (bottom arc panel) is connected between the second flat panel (one of right and left sides flat plates) and the third flat panel (other of right and left sides flat plates) to form the U-shaped groove (see annotated figure);
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the second arc panel (right or left side arc panel on the top) is connected between the first flat panel (top flat plate) and the second flat panel (right or left side flat panel);
the third arc panel (left or right-side arc panel on the top) is connected between the first flat panel (top flat plate) and the third flat panel (left or right-side arc panel on the top);
the first arc panel (bottom arc panel, see annotated figure), the second arc panel (right or left side arc panel on the top) and the third arc panel (left or right-side arc panel on the top) are three arc surfaces distributed on a same cylindrical surface (see annotated figure that shows arc panels are on same cylindrical surface),
the first flat panel (top) extends in a first direction, and the second flat panel and the third flat panel are parallel to each other and extend in a second direction perpendicular to the first direction (see annotated figure),
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the connecting assembly (5) comprises a purlin (strip 4, fig. 6) and a connecting hoop (6, fig. 6);
the purlin (4) supports the photovoltaic panel (3) and comprises a flat bottom (see fig. 6);
the connecting hoop (6) is U-shaped (fig. 6 and page 6), with two ends connected to the flat bottom of the purlin (4) (see fig. 6 and page 6);
the purlin (4) and the connecting hoop (6) jointly form an accommodating cavity for allowing the photovoltaic support spindle (1) to pass through (see fig. 6);
the connecting hoop (6) is matched with the groove (u-shaped groove of the long shaft 1) as it goes through the connecting hoop (6) (see fig. 6); and
the flat bottom of the purlin (4) is matched with the remaining flat panel of the three flat panels (see fig. 6).
Regarding claim 2, Tan further discloses that an arc length of the first arc panel (bottom arc panel, see annotated figure) is greater than an arc length of the second arc panel (right or left side arc panel on the top), and greater than an arc length of the third arc panel (left or right-side arc panel on the top) (see figure 8 or annotated figure that shows the first arc panel has length is almost equal to the sum of second and third arc panel).
Regarding claim 3, Tan further discloses that, wherein the arc length of the second arc panel is the same as the arc length of the third arc panel (see annotated figure that shows 2nd and 3rd arc panels have equal length), and the second arc panel and the third arc panel are symmetric with respect to a perpendicular bisector of the first flat panel (bottom arc panel) (at the recess 103, the second and third panels are symmetric, and thus the second arc panel and the third arc panel are symmetric with respect to a line along the recess 103).
Regarding claim 4, Tan further discloses that the first arc panel (bottom arc panel) comprises one end connected to the second flat panel (left or right flat panel, see annotated figure) and the other end connected to the third flat panel (right or left flat panel, see annotated figure), thereby forming the U-shaped groove (see annotated figure that shows the U-shaped groove); and the second flat panel and the third flat panel are parallel to each other and have a same size (see annotated figure).
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Regarding claim 5, Tan further discloses that wherein the first flat panel (top flat plate) comprises one end connected to the second arc panel (left or right flat panel, see annotated figure) and the other end connected to the third arc panel (right or left flat panel, see annotated figure), thereby forming a cap on the groove (see annotated figure below); the cap has an inverted bowl-shaped cross section (see annotated figure below); and the first flat panel (bottom arc panel) serves as a bowl bottom of the cap (see annotated figure below).
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Regarding claim 7, Tan further discloses that the long shaft (1) has a center of rotation; and the first arc panel, the second arc panel and the third arc panel each serve as one part of a circle that takes the center of rotation as a center and R as a radius (see annotated figure).
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Regarding claim 8, Tan further discloses that there are two long shafts (see figure 5 that shows two long shafts 1 connected by hoop 2) the photovoltaic support spindle further comprises a hoop (2, figure 5) sleeved on two adjacent ends of the two long shafts (1) to connect the two long shafts (1) (“the photovoltaic main shaft comprises a plurality of long shaft 1 connected end to end; between two adjacent long shaft 1 is provided with a hoop 2” – page 5 of translation, see figure 5); and an inner surface (202) of the hoop (2) is matched with an outer surface (101) of each of the long shaft (1) (see figures 5, 7 and 8; see also page 5 of translation).
Response to Arguments
Applicant's arguments with respect to claims 1-5 and 7-8 have been considered but are moot in view of the new ground(s) of rejection as necessitated by the amendments.
On page 8 of Remarks, Applicant argues that the function of the flat surface is different from that of the first flat panel of the instant application.
The Examiner respectfully disagrees. Firstly, in response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., function of the flat panel) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
It has also been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d 1647 (1987)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
CN 209767436 U to Zhao discloses a mounting structure for photovoltaic cell comprising a long shaft (3) and other mounting means. Long shaft (1) has flat upper surface (12) and U-shaped bottom surface (11) (see fig. 3).
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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 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 date of this final action.
Correspondence/Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GOLAM MOWLA whose telephone number is (571)270-5268. The examiner can normally be reached on M-Th, 7am - 4pm.
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/GOLAM MOWLA/ Primary Examiner, Art Unit 1721
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