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 .
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 1-5 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.
Regarding claim 1 the line “rotates the solar panel at an angle to horizontal” is unclear. It is not clear if the limitation intends to recite “rotates the solar panel from an angle back to horizontal” or if the rotation is done at an angle relative to a horizontal plane.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 1 is rejected under 35 U.S.C. 102a2 as being anticipated by Corio (US-20180254740).
Regarding claim 1, Corio discloses a solar tracking apparatus comprising: a solar panel (42) adapted to absorb solar energy for generating electricity or heat (fig 1); a rotating shaft (34 rotates in bearing housing 36) operatively connected to the solar panel to rotate the solar panel toward a solar energy source ([0069], wherein a pivot axis 40 extends through the torque tube or torsion beam 34, which may pivot or rotate about the pivot axis 40. Solar modules 42 may be mounted to the solar tracker 12, either mounted on the torque tube or torsion beam 34 using clamps or mounting brackets 35); and a self-centering damping apparatus (10 or 10a) operatively connected to the rotating shaft (at least through 62), wherein the self-centering damping apparatus compensates for torque induced in the rotating shaft (34) when the rotating shaft rotates the solar panel at an angle to horizontal (at least [0008], wherein a spring counter-balance assembly connected to the torque tube or torsion beam. One or more types of spring counter-balance assembly may be incorporated into the solar tracker assembly to balance its rotation.).
Allowable Subject Matter
Claims 2-5 are objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: As to claim 2, the prior art of record, taken alone or in combination, fails to disclose or render obvious a single mechanical spring operatively connected to the rod and contained within the interior of the housing, wherein the mechanical spring applies force to an outer surface of the rod and the interior surface of the housing, wherein the mechanical spring biases the rod to a centered position when the rod is moved to the extension position and biases the rod to a centered position when the rod is moved to the compression position. With regards to a self-centering damping mechanism, the closest prior art of record, Adoline et al. (US-7066455) discloses a self-centering damping apparatus comprising: a housing (12) defining an interior (figs 3-4), the housing having an interior surface and an exterior surface (figs 3-4), and a first end and a second end opposite the first end (figs 3-4); (b) a rod (14) partially positioned within the interior of the housing (figs 3-4), the housing having an opening at the first end for receiving the rod therethrough (figs 3-4 at or near 50), the rod moveable between an extended position and a compressed position (figs 3-4); and (c) a plurality of springs (40 and 42) operatively connected to the rod (14/70) and contained within the interior of the housing (fig 3-4). Adoline et al. requires a plurality of springs to achieve a self-centering damping apparatus and it would not be obvious modify the apparatus to use a singular spring. Patterson (US-20050284467) discloses a solar tracking apparatus return means to cause the apparatus to be returned to the morning position during night time wherein the return means includes a single spring. However, Patterson lacks wherein the return means includes any of the claimed structural limitations of claim 2. It would have not been obvious to one of ordinary skill in the art to combine or modify, combine or incorporate Patterson and Adoline et al. with one another.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES K HSIAO whose telephone number is (571)272-6259. The examiner can normally be reached 9-5, Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Siconolfi can be reached at 571-272-7124. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES K HSIAO/Examiner, Art Unit 3616
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