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 .
This non-final Office action is in response to Applicant’s patent application number 18/613,310 filed on 3/22/2024
Currently, claims 7-26 are pending and examined.
Claims 1-6 have been cancelled.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 12/30/2024; 10/16/2024; 8/21/2024 are being considered by the examiner.
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 7-26 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.
Re claim 7, lines 4 and 15; a conditional phrase “when” renders the claim indefinite and confusing because "when" is language that suggests or makes optional the subsequent limitation or limitations. Language that suggests or makes optional but does not require steps to be performed or does not limit a claim to a particular structure does not limit the scope of a claim or claim limitation. See § MPEP 2103 (C). Claims 8-17 depending upon the rejected claim 7 are also rejected.
Claims 8, 9, 12, 13, 15, 17, 18 and 25 having the same issues as mentioned are also rejected. Since claim 19-26 depending upon the rejected independent claim 18 are also rejected.
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.
Claim(s) 7, 8, 10-18, 20-26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US No. 2017/0234580 to Worden
Re claims 7, 8, 18: Worden discloses a solar tracker comprising: a drive device 100 configured to operably couple to at least one torque tube 26/56/57 (i.e. via 98) to effectuate rotation of the at least one torque tube 26/56/57 as the solar tracker follows an orientation of the sun (par. [0075]); and a reinforcement device 60 comprising a first plate and a second plate (i.e. the first and second plates are coupled together by fasteners, Fig. 6), the reinforcement device 60 configured to receive the at least one torque tube 56/57 between the first plate and the second plate (Fig. 6), wherein the first plate comprises a first flange (wherein fasteners positioned or near between 56/57, Fig. 6) extending from a first side of the first plate and a first hole (i.e. wherein a fastener passed through) formed through the first flange, wherein the second plate comprises a second flange (wherein fasteners positioned or near between 56/57) extending from a first side of the second plate and a second hole (i.e. wherein a fastener passed through) formed through the second flange, wherein, when the at least one torque tube 56/57 is received between the first plate and the second plate, the first hole at the first flange is aligned with the second hole at the second flange such that a first fastener extends through each of the first hole at the first flange and the second hole at the second flange, and wherein, when the at least one torque tube 26/56/57 is received between the first plate and the second plate, the reinforcement device 26 operably couples the drive device 100 to the at least one torque tube 26/56/57 (Figs. 6 and 11); wherein the first plate further comprises a third flange (i.e. near 60 points to) extending from a second side of the first plate and a third hole (i.e. wherein a fastener passed through) formed through the third flange, the second side of the first plate being opposite the first side of the first plate, wherein the second plate further comprises a fourth flange (i.e. near 60 points to, or coupled to the third flange) extending from a second side of the second plate and a fourth hole (i.e. wherein a fastener passed through) formed through the fourth flange, the second side of the second plate being opposite the first side of the second plate, and wherein, when the at least one torque tube 26/56/57 is received between the first plate and the second plate (Figs. 6 and 11), the third hole at the first flange is aligned with the fourth hole at the second flange such that a second fastener extends through each of the third hole at the third flange and the fourth hole at the second flange (Fig. 6).
Re claim 10: wherein the drive device 100 comprises a rod 98 configured to operably couple the drive device 100 to the at least one torque tube 26/56/57, and wherein the rod 98 is configured to extend and retract at the drive device 100 to effectuate rotation of the at least one torque tube 26/56/57 as the solar tracker follows an orientation of the sun (par. [0075]).
Re claims 11, 22: wherein, when the at least one torque tube 26/56/57 is received between the first plate and the second plate (Fig. 6), the rod 98 is operably connected to the at least one torque tube 26 via the reinforcement device 60.
Re claim 12: wherein the drive device 100 further comprises an electric motor 104 that, when actuated, causes the rod 98 to extend and retract to effectuate rotation of the at least one torque tube 26/56/57 as the solar tracker follows an orientation of the sun (par. [0075]), wherein the drive device 100 is supported at a ground-based support pier 22 of the solar tracker such that the drive device 100 extends and retracts along an axis that is co-planar with the ground-based support pier 22 of the solar tracker, and wherein the rod 98 operably couples the drive device 100 to the at least one torque tube 26/56/57 via at least a bearing such that as the rod 98 extends and retracts the rod causes at least the bearing to rotate to effectuate rotation of the at least one torque tube as the solar tracker follows an orientation of the sun (par. [0075]).
Re claims 13, 23: further comprising: a bearing 28/29 coupled to the reinforcement device 60, the bearing 28/29 configured to support the at least one torque tube 26/56/57 at a ground-based support structure or pier 22 via the reinforcement device 60 when the at least one torque tube 26/56/57 is received between the first plate and the second plate.
Re claim 14: wherein the reinforcement device 60 and the bearing 28/29 are at a location along the solar tracker aligned with the ground-based support structure or pier 22 and the drive device 100 (Figs. 1, 4, 11).
Re claims 15, 24: wherein, when the at least one torque tube 26/56/57 is received between the first plate and the second plate (Fig. 6), the reinforcement device 60 is configured to couple the bearing 28/29 to the at least one torque tube 26 at a location axially aligned with the rod 98, and wherein, when the at least one torque tube 26/56/57 is received between the first plate and the second plate, the rod 98 is operably connected to the at least one torque tube 26/56/57 via the reinforcement device 60 and the bearing 28/29.
Re claim 16: wherein, when the at least one torque tube 26/56/57 is received between the first plate and the second plate, the rod 98 is configured to extend and retract along an axis that is offset from a central longitudinal axis of the at least one torque tube 26/56/57.
Re claims 17, 25 and 26: wherein, when the at least one torque tube 26/56/57 is received between the first plate and the second plate, the rod 98 is configured to extend at the drive device 100 to rotate the at least one torque tube 26/56/57 in a first direction and to retract at the drive device 100 to rotate the torque tube 26/56/57 in a second, opposite direction, and wherein the rod 98 is configured to extend and retract at the drive device 100 along an axis that is offset from the central longitudinal axis of the at least one torque tube 26/56/57.
Re claims 20, 21: wherein, when the torque tube 56/57 is received between the first plate and the second plate, the first plate extends over a first portion of an exterior surface of the torque tube 56/57 and the second plate extends over a second, opposite portion of the exterior surface of the torque tube 56/57; wherein the first plate extends over the first portion of the exterior surface of the torque tube (Fig. 6) that comprises a top exterior surface of the torque tube and at least portions of each of two opposite side exterior surfaces of the torque tube 56/57 extending from the top exterior surface of the torque tube, and wherein the second plate extends over the second, opposite portion of the exterior surface of the torque tube that comprises a bottom exterior surface of the torque tube and at least portions of each of the two opposite side exterior surfaces of the torque tube extending from the bottom exterior surface of the torque tube 56/57 (Fig. 6).
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.
Claim(s) 9 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over US No. 2017/0234580 to Worden.
Re claims 9, 19: Worden discloses basic structures of a solar panel installation and further discloses and wherein, when the at least one torque tube 26/56/57 is received between the first plate and the second plate, the first plate and the second plate interface with one another at an inverse orientation with the first fastener (see Figs. 6 and 11) extending through each of the first hole (i.e. wherein fasteners inserted) at the first flange and the second hole at the second flange and with the second fastener extending through each of the third hole at the third flange and the fourth hole at the second flange but Worden does not disclose expressly wherein the first plate and second plate comprise a U-shape. However, it would have been obvious to one with ordinary skill before the effective filing date of the claimed invention to have a u-shape for the plates in order to accommodate a rectangular or a squared torque tube. Furthermore, Worden shows in Fig. 6; the torque tube having a squared shape in crossed section; therefore, two U-shaped plates are properly fixed around the squared torque tube.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure (see attached PTO-892).
Contact Information
Any inquiry concerning this communication or earlier communication from the examiner should be directed to CHI Q. NGUYEN whose telephone number is (571) 272-6847. The examiner can normally be reached on Monday-Friday from 7AM-5PM or email: chi.nguyen@uspto.gov. If attempt to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Brian Mattei can be reached at (571) 270-3238. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pairdirect.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at (866) 217-9197.
/CHI Q NGUYEN/
Primary Examiner, Art Unit 3635
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