DETAILED ACTION
Status of claims
Claims 1-20 are pending.
Claim Objections
Claims 2, 11, 16 are objected to because of the following informalities:
In line 2 of claim 2, the word “comprise” should be corrected to --comprises--.
While not warranting a rejection under 35 U.S.C. 112(b) for indefiniteness, Examiner proposes the following amendments with regards to claim 11:
Amending the limitation in lines 2-3 to recite --a bearing housing assembly configured to rotatably support a first torque tube and a second torque tube of a solar tracker apparatus--
Amending the limitation in lines 8-9 to recite --wherein the pin is configured to rotatably connect to at least one of the first and second torque tubes to cause the pin to rotate with the torque tube in a first plane--
Amending the limitation in lines 17-18 to recite --the first tube end portion configured to couple to the first torque tube of the solar tracker apparatus--
Amending the limitation in lines 20-21 to recite --the second tube end portion configured to couple to the second torque tube of the solar tracker apparatus--
The reasons for Examiner’s suggested amendments with regards to claim 11 are to avoid potential ambiguity regarding the language of the claim. It is first defined in lines 2-3 that the bearing housing assembly is configured to support “a first torque tube and a second torque tube”, however, the claim goes on to further define “at least one torque tube” in line 8, “a first torque tube of a solar tracker apparatus” in lines 17-18, and “a second torque tube of the solar tracker apparatus” in lines 20-21. It is evident when viewing Applicant’s disclosure that the first and second torque tubes of the solar tracker apparatus are referring to the first and second torque tubes that are supported by the bearing housing assembly. Thus, for consistency of language within the claim, the above amendments are recommended.
Examiner proposes amending the limitation in lines 3-5 of claim 16 to recite --and wherein the second tube end portion comprises one or more torque tube fastening apertures at a location along the second tube end portion longitudinally offset from a second end of the pin-- as such is how the features are described within [0026] of Applicant’s disclosure, and would be more accurately describing the positional relationship between the apertures (305, 307) of the first and second end portions and the pin.
Appropriate correction is required.
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.
Claims 1-7, 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee (US 6,328,047).
Regarding claim 1, Lee discloses a flexible tube connector (comprising 1, 2, 3) comprising:
a central tube region (3);
a first tube end portion (1) that extends out from one end of the central tube region (see Fig. 4), the first tube end portion configured to couple to a first torque tube of a solar tracker apparatus (first tube end portion couples to first tube 4, i.e. it is capable of being coupled to a first torque tube of a solar tracker apparatus, see **NOTE below);
a second tube end portion (2) that extends out from another, opposite end of the central tube region (see Fig. 4), the second tube end portion configured to couple to a second torque tube of the solar tracker apparatus (second tube end portion couples to second tube 5, i.e. it is capable of being coupled to a second torque tube of a solar tracking apparatus, see **NOTE); and
one or more flexibility features located at the central tube region (corrugations 35),
wherein the one or more flexibility features are configured to cause the first tube end portion to connect to the first torque tube and the second tube end portion to connect to the second torque tube at a plurality of angular orientations (see Col. 2 lines 17-20 and Col. 2 lines 29-37 stating that flexibility features 35 allow for the central tube region 3 to be bent, i.e. they are capable of causing the first and second tube end portions to connect with first and second torque tubes at a plurality of angular orientations, see **NOTE).
**NOTE: It is to be noted the claims are directed to the flexible tube connector itself and therefore, limitations directed to the intended use of the flexible tube connector are given limited patentable weight. Applicant is reminded that a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Regarding claim 2, Lee discloses wherein the first tube end portion (1) comprises one or more torque tube fastening apertures (see Annotated Fig. 1 below), and wherein the second tube end portion (2) comprise one or more torque tube fastening apertures (see Annotated Fig. 1).
PNG
media_image1.png
800
549
media_image1.png
Greyscale
Annotated Figure 1
Regarding claim 3, Lee discloses wherein the one or more flexibility features (35) are located between the one or more torque tube fastening apertures at the first tube end portion (1) and the one or more torque tube fastening apertures at the second tube end portion (2; see in Fig. 3-4 and Annotated Fig. 1 that the flexibility features are between the fastening apertures of the first and second tube end portions).
Regarding claim 4, Lee discloses wherein the one or more flexibility features (35) are configured to cause the first tube end portion (1) to connect to the first torque tube at a plurality of angular orientations relative to the central tube region (see Col. 2 lines 17-20 and Col. 2 lines 29-37 stating that flexibility features 35 allow for the central tube region 3 to be bent, i.e. they are capable of causing the first tube end portion to connect to a first torque tube at a plurality of angular orientations relative to the central tube region, see **NOTE), and wherein the one or more flexibility features are configured to cause the second tube end portion (2) to connect to the second torque tube at a plurality of angular orientations relative to the central tube region (see Col. 2 lines 17-20 and Col. 2 lines 29-37 stating that flexibility features 35 allow for the central tube region 3 to be bent, i.e. they are capable of causing the second tube end portion to connect to a second torque tube at a plurality of angular orientations relative to the central tube region, see **NOTE).
Regarding claim 5, Lee discloses wherein the one or more flexibility features (35) comprise a series of corrugations at the central tube region (3, it can be seen in Fig. 3-4 that the flexibility features 35 are a series of corrugations).
Regarding claim 6, Lee discloses wherein the series of corrugations (35) at the central tube region (3) include a plurality of recessed portions at an outer surface of the central tube region (see Annotated Fig. 2 below), the plurality of recessed portions spaced apart from one another along at least a portion of a length of the central tube region (as seen in Annotated Fig. 2 and Fig. 3-4).
PNG
media_image2.png
577
634
media_image2.png
Greyscale
Annotated Figure 2
Regarding claim 7, Lee discloses wherein each of the plurality of recessed portions extend around an entire perimeter of the outer surface of the central tube region (corrugations 35 are described as annular, see Col. 2 lines 17-20, i.e. the recessed portions extend around an entire perimeter of the central tube region).
Regarding claim 9, Lee discloses wherein the series of corrugations (35) at the central tube region (3) include a plurality of projection portions at an outer surface of the central tube region (see Annotated Fig. 3 below), the plurality of projection portions spaced apart from one another along at least a portion of a length of the central tube region (as seen in Annotated Fig. 3 and Fig. 3-4).
PNG
media_image3.png
577
634
media_image3.png
Greyscale
Annotated Figure 3
Claims 1, 4-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Williams (US 2004/0007278).
Regarding claim 1, Williams discloses a flexible tube connector (see embodiment of Fig. 5) comprising:
a central tube region (see Annotated Fig. 4 below);
a first tube end portion (see Annotated Fig. 4) that extends out from one end of the central tube region (see Annotated Fig. 4 and Fig. 5), the first tube end portion configured to couple to a first torque tube of a solar tracker apparatus (first tube end portion couples to first tube 12, i.e. it is capable of being coupled to a first torque tube of a solar tracker apparatus, see **NOTE above);
a second tube end portion (see Annotated Fig. 4) that extends out from another, opposite end of the central tube region (see Annotated Fig. 4 and Fig. 5), the second tube end portion configured to couple to a second torque tube of the solar tracker apparatus (second tube end portion couples to second tube 14, i.e. it is capable of being coupled to a second torque tube of a solar tracker apparatus, see **NOTE); and
one or more flexibility features (130) located at the central tube region,
wherein the one or more flexibility features are configured to cause the first tube end portion to connect to the first torque tube and the second tube end portion to connect to the second torque tube at a plurality of angular orientations (see [0032] stating that the flexibility features 130 allow for the central tube region to be bent, i.e. thy are capable of causing the first and second tube end portions to connect with first and second torque tubes at a plurality of angular orientations, see **NOTE).
PNG
media_image4.png
1032
832
media_image4.png
Greyscale
Annotated Figure 4
Regarding claim 4, Williams discloses wherein the one or more flexibility features (130) are configured to cause the first tube end portion to connect to the first torque tube at a plurality of angular orientations relative to the central tube region (see [0032] stating that the flexibility features 130 allow for the central tube region to be bent, i.e. they are capable of causing the first tube end portion to connect to a first torque tube at a plurality of angular orientations relative to the central tube region, see **NOTE), and wherein the one or more flexibility features are configured to cause the second tube end portion to connect to the second torque tube at a plurality of angular orientations relative to the central tube region (see [0032] stating that the flexibility features 130 allow for the central tube region to be bent, i.e. they are capable of causing the second tube end portion to connect to a second torque tube at a plurality of angular orientations relative to the central tube region, see **NOTE).
Regarding claim 5, Williams discloses wherein the one or more flexibility features (130) comprise a series of corrugations at the central tube region (it can be seen in Fig. 5 that the flexibility features are a series of corrugations along the central tube region).
Regarding claim 6, Williams discloses wherein the series of corrugations at the central tube region include a plurality of recessed portions at an outer surface of the central tube region (see Annotated Fig. 5 below), the plurality of recessed portions spaced apart from one another along at least a portion of a length of the central tube region (see Annotated Fig. 5 and Fig. 5).
PNG
media_image5.png
1009
1190
media_image5.png
Greyscale
Annotated Figure 5
Regarding claim 7, Williams discloses wherein each of the plurality of recessed portions extend around an entire perimeter of the outer surface of the central tube region (see Annotated Fig. 5 and Fig. 5).
Regarding claim 8, Williams discloses wherein the central tube region comprises a non-corrugated region along a portion of the length of the central tube region (see Annotated Fig. 5), and wherein the non-corrugated region is bounded at one side by the plurality of recessed portions at the outer surface of the central tube region and bounded at another, opposite side by the plurality of recessed portions at the outer surface of the central tube region (see in Annotated Fig. 5 the non-corrugated region bounded by the recessed portions).
Regarding claim 9, Williams discloses wherein the series of corrugations at the central tube region include a plurality of projection portions at an outer surface of the central tube region (see Annotated Fig. 6 below), the plurality of projection portions spaced apart from one another along at least a portion of a length of the central tube region (see Annotated Fig. 6).
Regarding claim 10, Williams discloses wherein the central tube region comprises a non-corrugated region along a portion of the length of the central tube region (see Annotated Fig. 6), and wherein the non-corrugated region is bounded at one side by the plurality of projection portions at the outer surface of the central tube region and bounded at another, opposite side by the plurality of projection portions at the outer surface of the central tube region (see in Annotated Fig. 6 the non-corrugated region bounded by the projection portions).
PNG
media_image6.png
1009
1205
media_image6.png
Greyscale
Annotated Figure 6
Allowable Subject Matter
Claims 11-20 allowed. The following is an Examiner’s statement of reasons for allowance:
Regarding claim 11, AU (US 2015/0000722) discloses a system comprising a bearing housing configured to rotatably support a first torque tube and a second torque tube (see Fig. 19, 25-29), the bearing housing assembly comprising a housing (housing depicted in Fig. 39-40); a pin aperture at the housing (the top aperture of the housing seen in Fig. 39-40); a rotatable ring rotatably seated at the pin aperture (see Fig. 25 and Annotated Fig. 7 below); and a pin received at the rotatable ring (see Annotated Fig. 7), wherein the pin is configured to rotatably connected to at least one torque tube to cause the pin to rotate with the torque tube in a first plane (see rotation of the pin with the torque tubes in a first plane in Fig. 30-32), and wherein the pin is configured to pivot with the rotatable ring in a second, different plane to change an angular orientation of the pin relative to the pin aperture (see the rotation of the pin with the torque tubes in a second plane in Fig. 26-27).
PNG
media_image7.png
598
531
media_image7.png
Greyscale
Annotated Figure 7
AU does not explicitly disclose of a flexible tube connector configured to connect the first torque tube and the second torque tube at a plurality of angular orientations, the flexible tube connector comprising: a central tube region; a first tube end portion that extends out from one end of the central tube region, the first tube end portion configured to couple to a first torque tube of a solar tracker apparatus; a second tube end portion that extends out from another opposite end of the central tube region, the second tube end portion configured to couple to a second torque tube of the solar tracker apparatus; and one or more flexibility features located at the central tube region, wherein the one or more flexibility features are configured to cause the first tube end portion to connect to the first torque tube and the second tube end portion to connect to the second torque tube at a plurality of angular orientations.
While Lee and Williams both teach of a flexible tube connector as claimed in claim 11 (see claim 1 above with respect to both Lee and Williams), it would not be obvious to modify AU with either Lee or Williams, such that the system of AU comprises a flexible tube connector as claimed, as such would require a non-obvious structural redesign AU. There is no teaching, suggestion, or motivation, absent Applicant’s own disclosure, to have a system comprising all of the limitations of claim 11. Furthermore, such modifications would not be obvious.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN J BAYNES whose telephone number is (571)270-1852. The examiner can normally be reached on M-F 8:30AM-4:30PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Anderson can be reached on 571-270-5281. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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 https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KEVIN J BAYNES/Examiner, Art Unit 3678
