DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on May 28, 2026 has been entered.
In view of the Amendments to the Claims filed May 28, 2026, the objection to claim 12 previously presented in the Office Action sent March 6, 2026 has been withdrawn.
In view of the Amendments to the Claims filed May 28, 2026, the rejection of claims 1-6 under 35 U.S.C. 103 previously presented in the Office Action sent March 6, 2026 have been substantially maintained and modified only in response to the Amendments to the Claims.
In view of the Amendments to the Claims filed May 28, 2026, the rejection of claims 7-10 and 12-16 under 35 U.S.C. 103 previously presented in the Office Action sent March 6, 2026 have been withdrawn.
Claims 1-10, 12-15, and 17 are currently pending.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-6 and 17 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites, “the second bearing location being spaced more than ninety degrees about the bearing from the first bearing location”.
The specification, as originally filed, does not evidence applicant had in possession an invention including the second bearing location being spaced more than ninety degrees about the bearing from the first bearing location.
The specification teaches a second bearing location spaced about the bearing from a first bearing location (the location on the bearing at the left end of hard stop 306 and the location on the bearing at the right end of hard stop 306, Fig. 2-4) but does not teach the first and second bearing locations spaced about the bearing more than ninety degrees. The locations on the bearing 304 at the left and right ends of the hard stop 306 appear close and only spanning the length of hard stop 306. Dependent claims are rejected for dependency.
Claim 17 recites, “the second bearing location is spaced approximately one hundred and eighty degrees about the bearing from the first bearing location”.
The specification, as originally filed, does not evidence applicant had in possession an invention including the second bearing location is spaced approximately one hundred and eighty degrees about the bearing from the first bearing location.
The specification teaches a second bearing location spaced about the bearing from a first bearing location (the location on the bearing at the left end of hard stop 306 and the location on the bearing at the right end of hard stop 306, Fig. 2-4) but does not teach the first and second bearing locations spaced about the bearing approximately one hundred and eighty degrees. The locations on the bearing 304 at the left and right ends of the hard stop 306 appear close and only spanning the length of hard stop 306.
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.
Claim 17 is 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 17 recites, “the second bearing location is spaced approximately one hundred and eighty degrees about the bearing from the first bearing location”.
It is unclear as to what structures of the first and second bearing locations are encompassed by the phrase “spaced approximately one hundred and eighty degrees about the bearing” and what structures are specifically excluded by the phrase “spaced approximately one hundred and eighty degrees about the bearing” because it is unclear as to what limitations the term “approximately” definitely imparts on the claimed first and second bearing locations.
Claim Rejections - 35 USC § 102
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.
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) 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Plioska (U.S. Pub. No. 2023/0141013 A1).
With regard to claim 1, Plioska discloses a coupling assembly for use with a solar tracker, the coupling assembly comprising:
a housing (254, Fig. 2D) including
a perimeter, at least a portion of the perimeter defining a first width (as depicted in Fig. 2D and annotated Fig. 2D below, the cited housing 254 includes a perimeter, at least a portion of the perimeter defining a first width in a direction into and out of the background/foreground) and
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Annotated Fig.2D
a circular aperture (see Fig. 2D depicting the cited housing 254 as having a circular aperture at the interior opening of components 254A/254B), the housing further including
a first protrusion that extends out from the perimeter beyond the first width at a first location and a second protrusion that extends out from the perimeter beyond the first width at a second location that is spaced apart about the perimeter from the first location (such as depicted in Fig. 2D, annotated Fig. 2D, and annotated Fig. 2D’ below, first and second protrusions at the flanges of 254B that extend out from the perimeter beyond the cited first width in a direction into and out of the background/foreground and are spaced apart about the perimeter);
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Annotated Fig. 2D’
a bearing configured to fit within the circular aperture and to rotate within the circular aperture of the housing (217 depicted in Fig. 2D as fitted within the cited circular aperture and rotated within the circular aperture of the housing; see [0029]), the bearing including
an aperture having a shape of a cross-section of a torque tube (see Fig. 2D depicting the cited bearing 217 having an aperture having a shape of a cross-section of a torque tube; see [0029] teaching “exterior surface 219 of the rail 218 may have a square cross-section but triangular, pentagonal, hexagonal, or other polygonal cross-section” and “the interior surface of core 217 may have a square cross-section but triangular, pentagonal, hexagonal, or other cross-section”); and
at least one hard stop at the bearing, the at least one hard stop including: a first hard stop end at a first bearing location configured to engage with the first protrusion to limit motion of the bearing in a first rotational direction, and a second hard stop end at a second bearing location configured to engage with the second protrusion to limit motion of the bearing in a second, opposite rotational direction, (as depicted in Fig. 2D, annotated Fig. 2D, and annotated Fig. 2D’ above, at least one hard stop at the bearing 217 including a first hard stop end at a first bearing location which engages with the cited first protrusion to limit motion of the bearing 217 in a first rotational direction and a second hard stop end at a second bearing location which engages with the cited second protrusion to limit motion of the bearing in a second, opposite rotational direction),
the second bearing location being spaced more than ninety degrees about the bearing from the first bearing location (as depicted in Fig. 2D and annotated Fig. 2D’ above, the cited second bearing location is spaced more than ninety degrees about the bearing from the cited first bearing location in the cited second, opposite rotational direction).
With regard to claim 2, Plioska discloses wherein
the housing is a stamped metal sheet (see Fig. 2D depicting cited housing 254 as a sheet, or thin piece of material; see [0037] teaching cited housing can be “a metal”; the cited housing 254 is cited to read on the structural requirements of the generally claimed “is a stamped metal sheet” because it is a sheet, or thin piece of material, made of a metal).
With regard to claim 3, Plioska discloses wherein
the shape of the cross-section of the torque tube is a circular shape, a rectangular shape, a hexagonal shape, an octagonal shape, a D-shape, a triple D-shape, or a square shape (see [0029]).
With regard to claim 4, Plioska discloses wherein
that at least one hard stop is a wrench-type hard stop that couples to a side surface of the bearing or a bearing-clip hard stop that clips across an outside surface of the bearing (as depicted in Fig. 2D and annotated Fig. 2D above, the cited at least one hard stop “is a wrench-type hard stop that couples to a side surface of the bearing” because it is mechanically coupled to the side surface of the cited bearing 217 and is a wrenching/twisting type hard stop which stops rotation of torque tube when the cited hard stop is twisted to abut the cited protrusions).
With regard to claim 5, Plioska discloses wherein
the at least one hard stop is a link hard stop that is configured to couple to the torque tube (as depicted in Fig. 2D and annotated Fig. 2D above, the cited at least one hard stop “is a link hard stop that is configured to couple to the torque tube” because the cited hard stop is mechanically linked, or coupled/connected/joined, to the torque tube via bearing 217 which stops rotation of the torque tube when coupled with the cited protrusions).
With regard to claim 6, Plioska discloses wherein
the housing includes a first base member and a second base member defining a first arc (as depicted in Fig. 2D, the cited housing includes a first base member, such as the left half of 254B, and a second base member, such as the right half of 254B, defining a first arc), and
a top member defining a second arc (as depicted in Fig. 2D, a top member 254A defining a second arc), and wherein
end portions of the top member are configured to couple between the first base member and the second based member to form an aperture (as depicted in Fig. 2D, left and right end portions of the cited top member 3 are coupled between the cited first base member and the cited second based member to form an aperture).
With regard to claim 17, Plioska discloses wherein
the second bearing location is spaced approximately one hundred and eighty degrees about the bearing from the first bearing location (see Fig. 2D and annotated Fig. 2D’ above depicting a second bearing location at the cited second protrusion spaced approximately one hundred and eighty degrees about the bearing 217 from a first bearing location at the cited first protrusion).
Allowable Subject Matter
Claims 7-10 and 12-15 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 7, from which claims 8-10 depend, requires a coupling assembly for use with a solar tracker comprising a housing, a pair of opposing ball bearing paths disposed along an inner surface of a circular aperture, a first hard stop at one end portion of one of the pair of opposing ball bearing paths and a second hard strop at another end portion of the other of the pair of opposing ball bearing paths, a bearing including at least one ball bearing race extending along the outer surface in a direction parallel to a torque tube, at least one ball bearing movable circumferentially relative to the housing about the at least one of the pair of opposing ball bearing paths and radially relative to the housing about the at least one ball bearing race in the direction parallel to the torque tube, and in combination with the remaining limitations of claim 7.
The prior art, NWI Entw Sued GmbH of record, teaches a housing 28 with a pair of opposing ball bearing paths (recall Fig. 3-4) but does not teach a first hard stop at one end portion of one of the pair of opposing ball bearing paths and a second hard strop at another end portion of the other of the pair of opposing ball bearing paths, a bearing including at least one ball bearing race extending along the outer surface in a direction parallel to a torque tube, at least one ball bearing movable circumferentially relative to the housing about the at least one of the pair of opposing ball bearing paths and radially relative to the housing about the at least one ball bearing race in the direction parallel to the torque tube, and in combination with the remaining limitations of claim 7 and it would not have been an obvious modification.
Claim 12, from which claims 13-15 depend, requires a seismic resistant coupling assembly for use with a solar tracker comprising a housing having an A-shaped profile, the housing including a circular aperture and a pair of mounting feet, each of the pair of mounting feet comprising a planar mounting surface that defines a mounting aperture at the planar mounting surface, a bearing configured to fit within the circular aperture, the bearing including an aperture having a shape of a cross-section of a torque tube, a pair of adapters including walls defining an aperture and a flange configured to couple to opposite sides of the bearing, wherein the flange of each pair of adapters extends circumferentially about the respective adapter, and in combination with the remaining limitations of claim 12.
The prior art, including McPheeters of record, does not disclose a seismic resistant coupling assembly for use with a solar tracker comprising a housing having an A-shaped profile, the housing including a circular aperture and a pair of mounting feet, each of the pair of mounting feet comprising a planar mounting surface that defines a mounting aperture at the planar mounting surface, a bearing configured to fit within the circular aperture, the bearing including an aperture having a shape of a cross-section of a torque tube, a pair of adapters including walls defining an aperture and a flange configured to couple to opposite sides of the bearing, wherein the flange of each pair of adapters extends circumferentially about the respective adapter, and in combination with the remaining limitations of claim 12 and it would not have been an obvious modification.
Response to Arguments
Applicant's arguments filed May 28, 2026 have been fully considered but they are not persuasive.
Applicant notes the newly added claimed limitations of amended claim 1 are not found in the previously cited prior art reference. However, this argument is addressed in the rejections of the claims above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DUSTIN Q DAM whose telephone number is (571)270-5120. The examiner can normally be reached Monday through Friday, 6:00 AM to 2:00 PM.
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/DUSTIN Q DAM/Primary Examiner, Art Unit 1721 June 8, 2026
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