DETAILED ACTION
Summary
This is the initial Office Action based on the Tracking Device for Solar Modules filed August 2, 2024.
Claims 1-20 are currently pending.
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 5-8, 10-15, 18, and 20 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 5 recites the limitation "the angle" on line 3. There is insufficient antecedent basis for this limitation in the claim.
Dependent claim is rejected for dependency.
Claim 7 recites the limitation "the rotational axis of the at least one drive shaft" on line 3. There is insufficient antecedent basis for this limitation in the claim.
Amending “the rotational axis of the at least one drive shaft” to “a rotational axis of the at least one drive shaft” would overcome the rejection.
Claim 7 recites the limitation "the motor" on line 4. There is insufficient antecedent basis for this limitation in the claim.
It is unclear if “the motor” recited on line 4 of claim 7 is referring to any of the “at least one motor” recited on line 2 of claim 7 and, if so which of the at least one motor, or if “the motor” recited on line 4 of claim 7 is referring to an entirely different motor altogether.
Amending “the motor” to “the at least one motor” would overcome the rejection.
Claim 8 recites the limitation "the central area" on line 2. There is insufficient antecedent basis for this limitation in the claim.
As there is no previously claimed “central area”, it is unclear as to what “the central area” recited on line 2 of claim 8 is referring to.
Amending “the central area” to “a central area” would overcome the rejection.
Claim 10 recites the limitation "the area of the entry opening" on line 2. There is insufficient antecedent basis for these limitations in the claim.
Amending “the area of the entry opening” to “an area of an entry opening” would overcome the rejection.
Claim 10 recites the limitation "the radial end area" on line 2-3. There is insufficient antecedent basis for this limitation in the claim.
Amending “the radial end area” to “a radial end area” would overcome the rejection.
Claim 10 recites the limitation " the central area" on line 3. There is insufficient antecedent basis for this limitation in the claim.
Amending “the central area” to “a central area” would overcome the rejection.
Claim 11 recites the limitation "the transmission member" on line 2. There is insufficient antecedent basis for this limitation in the claim.
It is unclear if “the transmission member” recited on line 2 of claim 11 is referring to any of the “at least one transmission member” recited on line 9 of claim 1 and, if so which of the at least one transmission member, or if “the transmission member” recited on line 2 of claim 11 is referring to an entirely different transmission member altogether.
Amending “the transmission member” to “the at least one transmission member” would overcome the rejection.
Claim 12 recites the limitation "the at least one drive member" on line 2-3. There is insufficient antecedent basis for this limitation in the claim.
Amending “the at least one drive member” to “the at least one drive element” would overcome the rejection.
Claim 13 recites the limitation "the post" on line 2. There is insufficient antecedent basis for this limitation in the claim.
It is unclear if “the post” recited on line 2 of claim 13 is referring to any of the “at least one post” recited on line 17 of claim 1 and, if so which of the at least one post, or if “the post” recited on line 2 of claim 13 is referring to an entirely different post altogether.
Amending “the post” to “the at least one post” would overcome the rejection.
Claim 13 recites the limitation "the pivoting unit" on line 3. There is insufficient antecedent basis for this limitation in the claim.
It is unclear if “the pivoting unit” recited on line 3 of claim 13 is referring to any of the “at least one pivoting unit” recited on line 2 of claim 1 and, if so which of the at least one pivoting unit, or if “the pivoting unit” recited on line 3 of claim 13 is referring to an entirely different pivoting unit altogether.
Amending “the pivoting unit” to “the at least one pivoting unit” would overcome the rejection.
Claim 13 recites the limitation "the drive unit" on line 3. There is insufficient antecedent basis for this limitation in the claim.
It is unclear if “the drive unit” recited on line 3 of claim 13 is referring to any of the “at least one drive unit” recited on line 15 of claim 1 and, if so which of the at least one drive unit, or if “the drive unit” recited on line 3 of claim 13 is referring to an entirely different drive unit altogether.
Amending “the drive unit” to “the at least one drive unit” would overcome the rejection.
Claim 15 recites the limitation "the drive shaft" on line 2. There is insufficient antecedent basis for this limitation in the claim.
It is unclear if “the drive shaft” recited on line 2 of claim 15 is referring to any of the “at least one drive shaft” recited on line 13 of claim 1 and, if so which of the at least one drive shaft, or if “the drive shaft” recited on line 2 of claim 15 is referring to an entirely different drive shaft altogether.
Amending “the drive shaft” to “the at least one drive shaft” would overcome the rejection.
Claim 18 recites the limitation "the connecting member" on line 3. There is insufficient antecedent basis for this limitation in the claim.
It is unclear if “the connecting member” recited on line 3 of claim 18 is referring to any of the “at least one connecting member” recited on line 2 of claim 18 and, if so which of the at least one connecting member, or if “the connecting member” recited on line 3 of claim 18 is referring to an entirely different connecting member altogether.
Amending “the connecting member” to “the at least one connecting member” would overcome the rejection.
Claim 18 recites the limitation "the at least one support member" on line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 20 recites the limitation "the top side" on line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 20 recites the limitation "the at least one support rail" online 2. There is insufficient antecedent basis for this limitation in the claim.
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) 1-4, 7, and 11-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dechant (DE 102018002460 A1 as a reference under 35 U.S.C. 102(a)(1) with citations to English equivalent U.S. Pub. No. 2021/0058025 A1).
With regard to claim 1, Dechant discloses a tracking device for solar modules comprising:
at least one pivoting unit (10, Fig. 36), wherein the at least one pivoting unit has
at least one drive arch (24, Fig. 36) and
at least one cross member pivotable about a pivot axis (as depicted in Fig. 36, at least one cross member 22 pivotable about a pivot axis SP),
the at least one cross member being connected to the at least one drive arch (as depicted in Fig. 36, the cited at least one cross member 22 being connected to the cited at least one drive arch 24), wherein
the at least one drive arch has circumferentially alternating disposed drive recesses and retaining recesses (as depicted in Fig. 36, the cited at least one drive arch 24 has circumferentially alternating disposed drive recesses 42 and retaining recesses 44),
at least one post, at which the at least one cross member is pivotably mounted about a pivot axis (as depicted in Fig. 36, at least one post 26/12, at which the cited at least one cross member 22 is pivotably mounted about a pivot axis SP),
at least one transmission member that is rotated about a rotational axis (at least one transmission member 38 depicted in Fig. 36 as rotated about a rotational axis), wherein the at least one transmission member has
at least one drive element that engages into one of the drive recesses (as depicted in Fig. 31-32, the cited at least one transmission member has at least one drive element 74 that engages into one of the cited drive recesses 42) and
at least one holding member that engages into one of the retaining recesses (as depicted in Fig. 31-32, the cited at least one transmission member has at least one holding member 94 that engages into one of the cited retaining recesses 44),
at least one drive shaft that is coupled with the at least one transmission member (see Fig. 37 and [0086] teaching at least one drive shaft 14 that is coupled with the cited at least one transmission member 38 at coupling portions 66/68) and
at least one drive unit that is attached to the at least one post (as depicted in Fig. 1, Fig. 41, and Fig. 42, at least one drive unit, component 62 and motor M, that is attached to the cited at least one post 26/12), wherein the at least one drive unit has
at least one motor (see Fig. 1 depicting motor M) and
at least one output member (see Fig. 42 depicting at least one output member 62), wherein
the at least one output member, the at least one drive shaft and the at least one transmission member are coupled to one another at a joint axial coupling point in a torque-transmitting manner (as depicted in Fig. 1 and Fig. 42, the cited at least one output member 62, the cited at least one drive shaft 14 extending within component 66, and the cited at least one transmission member 38 are coupled to one another at a joint axial coupling point at component 90 in a torque-transmitting manner; see [0070] and see [0092]).
With regard to claim 2, Dechant discloses wherein
the at least one drive shaft extends through the at least one drive unit (as depicted in Fig. 42, the cited at least one drive shaft 14 at axis D extends through the cited at least one drive unit at the cited at least one output member 62).
With regard to claim 3, Dechant discloses a tracking device for solar modules comprising:
at least one pivoting unit (10, Fig. 36), wherein the at least one pivoting unit has
at least one drive arch (24, Fig. 36) and
at least one cross member pivotable about a pivot axis (as depicted in Fig. 36, at least one cross member 22 pivotable about a pivot axis SP),
the at least one cross member being connected to the at least one drive arch (as depicted in Fig. 36, the cited at least one cross member 22 being connected to the cited at least one drive arch 24), wherein
the at least one drive arch has circumferentially alternating disposed drive recesses and retaining recesses (as depicted in Fig. 36, the cited at least one drive arch 24 has circumferentially alternating disposed drive recesses 42 and retaining recesses 44),
at least one post, at which the at least one cross member is pivotably mounted about a pivot axis (as depicted in Fig. 36, at least one post, top portion of 26, at which the cited at least one cross member 22 is pivotably mounted about a pivot axis SP),
at least one transmission member that is rotated about a rotational axis (at least one transmission member 38 depicted in Fig. 36 as rotated about a rotational axis), wherein the at least one transmission member has
at least one drive element that engages into one of the drive recesses (as depicted in Fig. 31-32, the cited at least one transmission member has at least one drive element 74 that engages into one of the cited drive recesses 42) and
at least one holding member that engages into one of the retaining recesses (as depicted in Fig. 31-32, the cited at least one transmission member has at least one holding member 94 that engages into one of the cited retaining recesses 44),
at least one drive shaft that is coupled with the at least one transmission member (see Fig. 37 and [0086] teaching at least one drive shaft 14 that is coupled with the cited at least one transmission member 38 at coupling portions 66/68) and
at least one drive unit that is attached to the at least one post (as depicted in Fig. 1, Fig. 41, and Fig. 42, at least one drive unit, component 62 and motor M and the housing formed by 261, 262, and 108 reading on the claimed “gearbox” as it forms a housing containing a gear, that is attached to the cited at least one post, top portion of 26), wherein the at least one drive unit has
at least one motor (see Fig. 1 depicting motor M) and
at least one output member (see Fig. 42 depicting at least one output member 62), wherein
the at least one output member, the at least one drive shaft and the at least one transmission member are coupled to one another at a joint axial coupling point in a torque-transmitting manner (as depicted in Fig. 1 and Fig. 42, the cited at least one output member 62, the cited at least one drive shaft 14 extending within component 66, and the cited at least one transmission member 38 are coupled to one another at a joint axial coupling point at component 90 in a torque-transmitting manner; see [0070] and see [0092]), wherein
the at least one drive unit has at least one gearbox (recall the housing formed by 261, 262, and 108, Fig. 41 as it forms a housing containing a gear), wherein
the at least one drive shaft extends through the at least one gearbox (as depicted in Fig. 41-42, the cited at least one drive shaft 14 at axis D extends through the cited at least one gearbox at component 261/261).
With regard to claim 4, Dechant discloses wherein
at least one coupling member is provided at the axial coupling point for providing coupling in a torque-transmitting manner between the at least one output member, the at least one drive shaft and the at least one transmission member (as depicted in Fig. 42, at least one coupling member 90 is provided at the cited axial coupling point for providing coupling in a torque-transmitting manner between the cited at least one output member 62, the cited at least one drive shaft 14 at axis D and the cited at least one transmission member 38).
With regard to claim 7, Dechant discloses wherein
the at least one motor has a rotational axis, which at least essentially extends in parallel or angled to the rotational axis of the at least one drive shaft and/or wherein the rotational axis of the motor extends at least essentially parallel or angled to the pivot axis (as depicted in Fig. 1 and Fig. 36, the cited motor M has a rotational axis which inherently extends at least essentially parallel or angled to the cited pivot axis SP).
With regard to claim 11, Dechant discloses a tracking device for solar modules comprising:
at least one pivoting unit (10, Fig. 36), wherein the at least one pivoting unit has
at least one drive arch (24, Fig. 36) and
at least one cross member pivotable about a pivot axis (as depicted in Fig. 36, at least one cross member 22 pivotable about a pivot axis SP),
the at least one cross member being connected to the at least one drive arch (as depicted in Fig. 36, the cited at least one cross member 22 being connected to the cited at least one drive arch 24), wherein
the at least one drive arch has circumferentially alternating disposed drive recesses and retaining recesses (as depicted in Fig. 36, the cited at least one drive arch 24 has circumferentially alternating disposed drive recesses 42 and retaining recesses 44),
at least one post, at which the at least one cross member is pivotably mounted about a pivot axis (as depicted in Fig. 36, at least one post 26/12, at which the cited at least one cross member 22 is pivotably mounted about a pivot axis SP),
at least one transmission member that is rotated about a rotational axis (at least one transmission member 38/90/92 depicted in Fig. 36 and Fig. 42 as rotated about a rotational axis), wherein the at least one transmission member has
at least one drive element that engages into one of the drive recesses (as depicted in Fig. 31-32, the cited at least one transmission member has at least one drive element 74 that engages into one of the cited drive recesses 42) and
at least one holding member that engages into one of the retaining recesses (as depicted in Fig. 31-32, the cited at least one transmission member has at least one holding member 94 that engages into one of the cited retaining recesses 44),
at least one drive shaft that is coupled with the at least one transmission member (see Fig. 37 and [0086] teaching at least one drive shaft 14 that is coupled with the cited at least one transmission member 38/90/92 at coupling portions 66/68) and
at least one drive unit that is attached to the at least one post (as depicted in Fig. 1, Fig. 41, and Fig. 42, at least one drive unit, component 62 and motor M, that is attached to the cited at least one post 26/12), wherein the at least one drive unit has
at least one motor (see Fig. 1 depicting motor M) and
at least one output member (see Fig. 42 depicting at least one output member 62), wherein
the at least one output member, the at least one drive shaft and the at least one transmission member are coupled to one another at a joint axial coupling point in a torque-transmitting manner (as depicted in Fig. 1 and Fig. 42, the cited at least one output member 62, the cited at least one drive shaft 14 extending within component 66, and the cited at least one transmission member 38/90/92 are coupled to one another at a joint axial coupling point at component 90 in a torque-transmitting manner; see [0070] and see [0092]), wherein
the transmission member has two coupling portions (90/92, Fig. 42), wherein
each of them the coupling portions is configured with at least one drive shaft piece for coupling (as depicted in Fig. 1 and Fig. 42, each coupling portion 90/92 is configured with at least one drive shaft piece 14 at axis D for coupling via connectors 62/24).
With regard to claim 12, Dechant discloses wherein
the at least one holding member has a curved surface facing the at least one drive member (as depicted in Fig. 31 and Fig. 32, the cited at least one holding member 94 has a top curved surface, as it includes curves at each right and left most ends, facing the cited at least one drive member 74).
With regard to claim 13, Dechant discloses wherein
the post has a fastening portion and an anchoring portion (as depicted in Fig. 36, the cited at least one post 26/12 has a fastening portion 26 and an anchoring portion 12), wherein
the pivoting unit and the drive unit are disposed at the fastening portion (as depicted in Fig. 36, the cited at least one pivoting unit 10 and the cited at least one drive unit at component 62 are disposed at the cited fastening portion 26).
With regard to claim 14, Dechant discloses wherein
the fastening portion and the anchoring portion are configured as two separate post pieces that are connectable with each other (as depicted in Fig. 36, the cited fastening portion 26 and the cited anchoring portion 12 are configured as two separate post pieces that are connectable with each other via connecting elements 112/114).
With regard to claim 15, Dechant discloses wherein
the drive shaft consists of several drive shaft pieces that may be coupled in a torque-transmitting manner via at least one transmission member (as depicted in Fig. 1 and Fig. 42, the cited at least one drive shaft 14 at axis D consists of several drive shaft pieces that may be coupled in a torque-transmitting manner via at least one transmission member 38).
With regard to claim 16, Dechant discloses a tracking device for solar modules comprising:
at least one pivoting unit (10, Fig. 36), wherein the at least one pivoting unit has
at least one drive arch (24, Fig. 36) and
at least one cross member pivotable about a pivot axis (as depicted in Fig. 36, at least one cross member 22 pivotable about a pivot axis SP),
the at least one cross member being connected to the at least one drive arch (as depicted in Fig. 36, the cited at least one cross member 22 being connected to the cited at least one drive arch 24), wherein
the at least one drive arch has circumferentially alternating disposed drive recesses and retaining recesses (as depicted in Fig. 36, the cited at least one drive arch 24 has circumferentially alternating disposed drive recesses 42 and retaining recesses 44),
at least one post, at which the at least one cross member is pivotably mounted about a pivot axis (as depicted in Fig. 36, at least one post 26/12, at which the cited at least one cross member 22 is pivotably mounted about a pivot axis SP),
at least one transmission member that is rotated about a rotational axis (at least one transmission member 38 depicted in Fig. 36 as rotated about a rotational axis), wherein the at least one transmission member has
at least one drive element that engages into one of the drive recesses (as depicted in Fig. 31-32, the cited at least one transmission member has at least one drive element 74 that engages into one of the cited drive recesses 42) and
at least one holding member that engages into one of the retaining recesses (as depicted in Fig. 31-32, the cited at least one transmission member has at least one holding member 94 that engages into one of the cited retaining recesses 44),
at least one drive shaft that is coupled with the at least one transmission member (see Fig. 37 and [0086] teaching at least one drive shaft 14 that is coupled with the cited at least one transmission member 38 at coupling portions 66/68) and
at least one drive unit that is attached to the at least one post (as depicted in Fig. 1, Fig. 41, and Fig. 42, at least one drive unit, component 66 and motor M, that is attached to the cited at least one post 26/12), wherein the at least one drive unit has
at least one motor (see Fig. 1 depicting motor M) and
at least one output member (see Fig. 42 depicting at least one output member 66), wherein
the at least one output member, the at least one drive shaft and the at least one transmission member are coupled to one another at a joint axial coupling point in a torque-transmitting manner (as depicted in Fig. 1 and Fig. 42, the cited at least one output member 66, the cited at least one drive shaft 14 extending within component 66, and the cited at least one transmission member 38 are coupled to one another at a joint axial coupling point at component 90 in a torque-transmitting manner; see [0070] and see [0092]), wherein
the at least one drive unit is attached laterally to the at least one post via at least one mounting member (as depicted in Fig. 41 and Fig. 42, the cited at least one drive unit at component 66 is attached laterally to the cited at least one post at 26 via at least one mounting member 70).
With regard to claim 17, Dechant discloses wherein the tracking device has
at least one suspension that supports the at least one drive shaft (see Fig. 1 depicting at least one suspension, other post 12/26, that supports the cited at least one drive shaft 14).
With regard to claim 18, Dechant discloses wherein
the at least one suspension has at least one connecting member and one support member, wherein the connecting member is attached to a carrier member and extends towards the at least one support member that contacts the at least one drive shaft for support (see Fig. 1 depicting the cited at least one suspension, other post 12/26, having at least one connecting member 12 and one support member 66, the cited connecting member 12 attached to a carrier member 26 and extends towards the cited at least one support member 66 that contacts the at least one drive shaft 14 for support).
With regard to claim 19, Dechant discloses wherein the tracking device has
at least one adapter element for attaching the solar modules (as depicted in Fig. 1 and Fig. 3-5, at least one adapter element 30 for attaching the solar modules 20).
With regard to claim 20, Dechant discloses wherein
the at least one adapter element rests on the top side of the at least one support rail and has a support portion for the solar modules (as depicted in Fig. 3-5, the cited at least one adapter element 30 rests on the top side of the at least one support rail and has a support portion for the solar modules via connection to rails 16/18).
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dechant (DE 102018002460 A1 as a reference under 35 U.S.C. 102(a)(1) with citations to English equivalent U.S. Pub. No. 2021/0058025 A1) in view of Thompson (U.S. Patent No. 2,337,359 A).
With regard to claims 8 and 9, independent claim 1 is anticipated by Dechant under 35 U.S.C. 102(a)(1) as discussed above.
Dechant does not disclose wherein the drive recesses have a reduced cross section in the central area in a radial direction and have opposing wall portions that are curved.
However, Thompson discloses a Geneva gear (see Title). Thompson is analogous art because Thompson, like Applicant and Dechant, is concerned with gears.
Thompson teaches a drive recess 103 having a reduced cross section in the central area in a radial direction compared to the cross section at the bottom of the recess and having opposing left and right wall portions that are curved towards the bottom of the recess (see Fig. 1).
Thus, at the time of the invention, it would have been obvious to a person having ordinary skill in the art to have substituted the shape of the drive recesses in the device of Dechant for the shape of the drive recess suggested by Thompson because the simple substitution of a known element known in the art to perform the same function, in the instant case a shape of a drive recess in a gear, supports a prima facie obviousness determination (see MPEP 2143 A).
Conclusion
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/DUSTIN Q DAM/Primary Examiner, Art Unit 1721 January 2, 2026