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 .
35 USC § 112(f) or PRE-AIA 35 U.S.C. 112, Sixth Paragraph
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
3. Use of the word (“means” or “step”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. (f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112 (f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is invoked is rebuttable when the function is recited with sufficient structure, material, or acts with the claim itself to entirely perform the recited function.
Absence of the word (“means” or “step) in a claim creates a rebuttable presumption that the claims element is not to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material, or acts to perform that function.
4. Claim(s) (1, 10) elements in the “instant application” that use the word (“means” or “step”) are presumed to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office Action. Similarly, claim elements that do not use the word (“means” or “step”) are presumed not to invoke 35 U.S.C. 112(f) except as otherwise indicated in and Office Action.
5. In claim(s) (1, 10,) the claim limitation “rotation means”, “tilting means”, & “control means” has/have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholder “means” coupled with functional language “rotation”, “tilting”, & “control” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier. The generic placeholder is not recognized as the name of a structure but is merely a substitute for the term “means”.
6. Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claims (1 & 10) has/have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the Specification and Drawings show “rotation means”, “tilting means”, & “control means” as “System and Method for Producing Electricity with Solar Panels” in Figure 2, Figure 7, & Figure 8 as the corresponding structures described in the specification for the 35 U.S.C. 112 (f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112 (f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim(s) recite(s) sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
7. 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.
8. Claims 1-16 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.
9. In claim 1, lines 12, the phrase “,preferably 3.5-5 times,” renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention.
10. In claim 1, lines 15-17, the phrase “,preferably greater than 1º, preferably less than 20º, more preferably less than 10º, more preferably 5º,” renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention.
11. In claim 1, lines 19, the phrase “,preferably 30º-45º,” renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention.
12. In claim 1, lines 23, the phrase “the solar cell assemblies an inter-shading” is confusing and unclear. Should the phrase, “the solar cell assemblies an inter-shading” be replaced with “the solar cell assemblies provide an inter-shading”?
13. In claim 3, lines 3, the phrase “,preferably 15-35%, most preferably 20-30%,” renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention.
14. In claim 8, lines 3, the phrase “,advantageously 1.8-2.5m” renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention.
15. In claim 9, lines 3, the phrase “,preferably 7-9m” renders the claim indefinite because it is uclear whether the limitations following the phrase are part of the claimed invention.
16. In claim 10, lines 4, the phrase “made up solar panels” should be replace with “made up of solar panels” for claim clarity.
17. In claim 10, lines 11, the phrase “,preferably 3.5-5 times” renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention.
18. In claim 10, lines 14-15, the phrase “,preferably greater than 1º, preferably less than 20º, more preferably less than 10º, most preferably less than 5º,” renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention.
19. In claim 10 lines 17, the phrase “,preferably 30º-45º,” renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention.
20. In claim 11, lines 3, the phrase “,preferably +/- 2%”.
21. In claim 13, lines 4, the phrase “,preferably 15-35%, more preferably 20-30%,” renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention.
22. In claim 14, lines 6, the phrase “perpendicular as possible” renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention.
23. In claim 15, lines 3, the phrase “,preferably 3-6 times” renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention.
24. In claim 10, lines 21, the phrase “the solar cell assemblies an inter-shading” is confusing and unclear. Should the phrase, “the solar cell assemblies an inter-shading” be replaced with “the solar cell assemblies provide an inter-shading”?
25. Claims 2, 4-8, 12, 14, 16 rejected due to dependency.
Appropriate correction is required for claim clarity and to avoid ambiguous meaning and/or interpretation.
Conclusion
26. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DON J WILLIAMS whose telephone number is (571)272-8538. The examiner can normally be reached M-F 8 a.m.-5 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Georgia Epps can be reached at 571-272-2328. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DON J WILLIAMS/Examiner, Art Unit 2878
Prosecution Insights