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 .
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.
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 1-12 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 contains the limitation “a plurality of pillar assemblies pivotally connected to the plurality of cross frames; and a ring gear attached to a bottom surface of a cross frames, the ring gear being operably connected to an E-W motion imparting assembly located on the pillar assembly with which the cross frame is pivotally connected”. The limitations “a cross frames” and “the cross frame” do not have clear antecedent basis. Claim 1 sets forth a plurality of cross frames and it is unclear what “a cross frames” and “the cross frame” is referring to. Appropriate correction is required.
Claims 2-12 are rejected as being dependent on a rejected base claim and including all of the limitations thereof.
Claim 3 contains the limitation “the N-S lever assemblies arranged on a first side of the plurality of panel holder assemblies are connected to the first N-S motion imparting assembly and the N-S lever assemblies arranged on a second side of the plurality of panel holder assemblies are connected to the second N-S motion imparting assembly” The term “the N-S lever assemblies” does not have antecedent basis in claim 1, from which claim 3 depends. Claim 2 sets forth “a N-S lever assembly”, is claim 3 intended to depend from claim 2? For the purpose of this Office Action, claim 3 will be treated as if it reads “N-S lever assemblies” instead of “the N-S lever assemblies”.
Claim 4 contains the limitation “a plurality of cross frame members connected between the pair of straight frame members”. It is unclear how the cross frame members set forth in claim 4 are related to the cross frame members set forth in claim 1. Are they the same cross frame members or different? Appropriate clarification and/or correction is required.
Claim 5 contains the limitation “the N-S motion imparting assembly comprises a lateral movement generating mechanism, a plurality of piston connection mechanism and a plurality of connecting rods for connecting the lateral movement generating mechanism with the piston connection mechanism and for interconnecting the plurality of piston connection mechanisms with one another” which is unclear. First, it is unclear which “N-S motion imparting assembly” set forth in claim 1 is being referred to, the first or the second. Second, claim 5 sets forth “a plurality of piston connection mechanism” which should be changed to “a plurality of piston connection mechanisms” and then refers to “the piston connection mechanism” which is unclear. How many piston connection mechanisms are required and how are they connected?
Claims 6-8 are additionally rejected as being dependent on a rejected base claim and including all of the limitations thereof.
Claim 6 contains the limitation “suitable gear-box” which is unclear. The term “suitable” renders the claim unclear. What is a “suitable” gear box vs. a non-suitable gear box? It is suggested that the term “suitable” be removed to provide clear metes and bounds for the claim requirements.
Claims 7-8 are additionally rejected as being dependent on a rejected base claim and including all of the limitations thereof.
Claim 7 contains the limitation “wherein the piston connection mechanism” which is unclear. Which of the “plurality of piston connection mechanism” set forth in claim 5 is being referred to?
Claim 8 is additionally rejected as being dependent on claim 7 and including all of the limitations thereof.
Claim 8 contains the limitation “the N-S lever assembly provided on the panel holder assembly”. The term “the N-S lever assembly” does not have antecedent basis in claims 1 and 5-7, from which claim 8 depends. Additionally, claim 1 sets forth a plurality of panel holder assemblies and it is unclear which of the plurality is being referred to in claim 8.
Claim 9 contains the limitation “wherein pillar assemblies are of two types, namely a first pillar assembly and a second pillar assembly, the first pillar assembly is provided with a mechanism that imparts the E-W tilting movement and the second pillar assembly does not impart motion to the frame assembly”. The terms “pillar assemblies” and “the E-W tilting movement” do not have clear antecedent basis in claim 1, from which claim 9 depends. It is suggested that claim 9 be amended to read “wherein the plurality of pillar assemblies comprise pillar assemblies of two types, namely a first pillar assembly and a second pillar assembly, the first pillar assembly is provided with a mechanism that imparts E-W tilting movement and the second pillar assembly does not impart motion to the frame assembly”.
Claim 10 contains the limitation “the pillar assembly comprises a bottom portion and a top portion, an E-W motor disposed proximate to the top portion, and a ring gear operably connected to the E-W motor via gear box assembly”. The terms “the pillar assembly” and “a ring gear” do not have clear antecedent basis. Claim 1 sets forth “a plurality of pillar assemblies” and “a ring gear” and it is unclear how the limitations of claim 10 relate to the previously set forth components in claim 1. Is the “a ring gear” in claim 10 an additional ring gear or the same ring gear as set forth in claim 1? Which of the plurality of pillar assemblies set forth in claim 1 is being referred to by “the pillar assembly”? Appropriate correction is required.
Claim 11 contains the limitation “wherein: the E-W motor is provided with a worm portion, which is operably connected to a worm wheel, the worm wheel is connected to a shaft having a centrally located worm portion or a threaded portion; and the ring gear is constantly with the centrally located worm portion or the threaded portion of the shaft” which is unclear. The term “the E-W motor” does not have antecedent basis in claim 1 from which it depends. Claim 10 contains the limitation “an E-W motor”. Is claim 11 intended to depend from claim 10? Further, is the “centrally located worm portion” set forth in line 4 the same or different from the “worm portion” set forth in line 3?
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over SK (US 2020/0195192 A1) in view of Barton et al. (US 2018/0091088).
Regarding claim 1, SK discloses a horizontal dual-axis solar tracking system (abstract and Figure 1), comprising:
a frame assembly (5), wherein the frame assembly comprises a plurality of cross frames members (Figures 1 and 3-4 and [21]-[22]);
a plurality of panel holder assemblies (23) linked to the frame assembly (5) (Figure 7 and [22]-[24]), each panel holder assembly comprising a photovoltaic panel (2, [22]);
a first N-S motion imparting assembly (gear boxes 14) and a second N-S motion imparting assembly (gear boxes 14) co-operating with the plurality of panel holder assemblies (23) and adapted to cause the plurality of panel holder assemblies to exhibit N-S tilting motion with respect to the frame assembly (5) ([24]-[25] and Figures 9, 11-12 and 17);
a plurality of pillar assemblies (9-10, 12-13) pivotally connected to the plurality of cross frames (Figures 1-2 and 5 and [28]).
SK additionally discloses an E-W motion imparting assembly located on the pillar assembly with which the cross frame is pivotally connected ([29]-[31] and Figures 1 and 14-15).
SK does not disclose a ring gear attached to a bottom surface of one of the cross frames, the ring gear being operably connected to the E-W motion imparting assembly located on the pillar assembly with which the respective cross frame is pivotally connected.
Barton discloses a solar tracking system in Figures 1 and 2 comprising a ring gear (arc gear 120, [69]) attached to a bottom surface of a cross frame (106, [67]), the ring gear (120) being operably connected to an E-W motion imparting assembly ([69] and [81]) located on a pillar assembly (legs 110, [67]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the device of SK to include a ring gear attached to a bottom surface of one of the cross frames, the ring gear being operably connected to the E-W motion imparting assembly located on the pillar assembly with which the respective cross frame is pivotally connected, as taught by Barton, because it would amount to the combination of prior art elements according to known methods to yield predictable results.
Regarding claim 2, modified SK discloses all of the claim limitations as set forth above. SK additionally discloses that each panel holder assembly comprises a set of C-shaped panels (24) adapted to be located on two opposing sides of the photovoltaic panel (2) ([22]), wherein each C-shaped panel comprises a panel holder shaft (25) and a N-S lever assembly (Figures 11 and 12), and wherein the panel holder assemblies are pivotally mounted in the frame assembly via the panel holder shafts (Figures 7-8 and 11 and [22]-[26]).
Regarding claim 3, modified SK discloses all of the claim limitations as set forth above. SK additionally discloses that the N-S lever assemblies arranged on a first side of the plurality of panel holder assemblies are connected to the first N-S motion imparting assembly and the N-S lever assemblies arranged on a second side of the plurality of panel holder assemblies are connected to the second N-S motion imparting assembly (Figures 11 and 12, it is noted that the term “connected to” is broad and does not require direct contact. All of the components of the device are “connected to” all the other components of the device.).
Regarding claim 4, modified SK discloses all of the claim limitations as set forth above. SK additionally discloses that the frame assembly is of single frame assembly structure and comprises a pair of straight frame members which are parallel to one another; a plurality of cross frame members connected between the pair of straight frame members and comprises a set of panel holder shaft provisions positioned on the straight frame members (Figures 1 and 4-5).
SK additionally discloses a set of gear boxes (14) ([26]), but SK does not disclose a set of piston assembly holders.
Barton further discloses that known actuators include a linear motor, a rotary
motor with a gear box, a pneumatic piston, and a hydraulic piston ([96]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to replace the set of gear boxes of SK with the set of piston assembly holders, as taught by Barton, because it would amount to nothing more than the simple substitution of one known actuating mechanism for another to obtain predictable results.
Regarding claim 5, modified SK discloses all of the claim limitations as set forth above. SK additionally discloses that one of the N-S motion imparting assemblies comprises a lateral movement generating mechanism ([24]-[27]).
SK additionally discloses a plurality of connecting rods (sections of shaft 15, [25] and Figure 17) connecting gear boxes 14 (Figure 17 and [25]), but SK does not disclose a plurality of piston connection mechanisms and a plurality of connecting rods for connecting the lateral movement generating mechanism with the piston connection mechanism and for interconnecting the plurality of piston connection mechanisms with one another.
Barton further discloses that known actuator mechanisms include a linear motor, a rotary motor with a gear box, a pneumatic piston, and a hydraulic piston ([96]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to replace the plurality of gear boxes of SK with the plurality of piston connection mechanisms of Barton such that the plurality of connecting rods connect the lateral movement generating mechanism with the piston connection mechanisms and interconnect the plurality of piston connection mechanisms with one another, as taught by Barton, because it would amount to nothing more than the simple substitution of one known actuating mechanism for another to obtain predictable results.
Regarding claim 6, modified SK discloses all of the claim limitations as set forth above. SK additionally discloses wherein the lateral movement generating mechanism comprises a N-S motor (18) which is connected to a linear motion shaft (15) via a gear-box (17) ([24]-[27]), wherein the N-S motor (18) is provided with a worm portion, the worm portion being operably connected to a worm wheel; the worm wheel being connected to a threaded shaft, which is located between two junctions, with the linear motion shaft being connected to the threaded shaft ([26], worm gear and worm gear box).
Regarding claim 7, modified SK discloses all of the claim limitations as set forth above. Modified SK additionally discloses that the piston connection mechanism comprises an outer cylinder support, an outer cylinder body, an inner cylinder body, a piston assembly and a N-S drive pin, wherein the inner cylinder body is arranged within the outer cylinder body and are attached via the outer cylinder support to piston assembly holders provided on the frame assembly (Barton, [92] and [96], the piston includes a cylinder assembly which necessarily has an outer and inner cylinder body as claimed and is connected to the N-S drive pin of SK and is provided on the frame assembly of SK).
Regarding claim 8, modified SK discloses all of the claim limitations as set forth above. Modified SK additionally discloses that the piston assembly traverses within the inner cylinder body and is connected on either sides to the connecting rods; the piston assembly is provided with the N-S drive pin, the N-S drive pin being adapted to engage with the N-S lever assembly provided on the panel holder assembly (As modified above, the piston actuator assembly of Barton is integrated with the N-S drive pin and lever mechanism of SK which satisfies the claim limitations).
Regarding claim 9, modified SK discloses all of the claim limitations as set forth above. SK additionally discloses that the plurality of pillar assemblies comprise a first pillar assembly and a second pillar assembly, the first pillar assembly is provided with a mechanism that imparts the E-W tilting movement (pivot support pillar assembly 11, [28] and Figure 2) and the second pillar assembly (side pillars) does not impart motion to the frame assembly ([28] and Figure 2).
Regarding claim 10, modified SK discloses all of the claim limitations as set forth above. Modified SK additionally discloses that one of the pillar assemblies comprises a bottom portion and a top portion, an E-W motor (45, SK, [29]-[32]) disposed proximate to the top portion (the term “proximate” is broad and does not require any particular positioning of the motor), and the ring gear operably connected to the E-W motor via a gear box assembly (SK, [33] and Barton, [92] and [94]).
Regarding claim 11, modified SK discloses all of the claim limitations as set forth above. Modified SK additionally discloses that the E-W motor (45) is provided with a worm portion, which is operably connected to a worm wheel, the worm wheel is connected to a shaft having a centrally located worm portion or a threaded portion (SK, [33]); and the ring gear (arc gear) is constantly with the centrally located worm portion or the threaded portion of the shaft (Barton, [94]).
Regarding claim 12, modified SK discloses all of the claim limitations as set forth above. Barton additionally discloses that the ring gear (arc gear 1302) is in the form of a semi-circular plate having teeth (302) cut on the external periphery ([94] and Figure 13); the teeth (302) are provided to cover at least the range of angular titling in the E-W direction ([94]); and a set of roller assemblies are provided on either side of the ring gear to ensure smooth angular movement of the ring gear ([110] and [18]-[19], see pinion gear assemblies which read on “roller assemblies”).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LINDSEY A BUCK whose telephone number is (571)270-1234. The examiner can normally be reached Monday-Friday 9am-5:30pm.
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/LINDSEY A BUCK/Primary Examiner, Art Unit 1728