Prosecution Insights
Last updated: August 15, 2026
Application No. 18/899,897

SMALL ANGLE TILTING TO APPROXIMATE VERTICAL SOLAR ARRAYS AND PROVIDE ENHANCED ENERGY YIELD

Non-Final OA §102§103§112
Filed
Sep 27, 2024
Priority
Sep 28, 2023 — provisional 63/541,027
Examiner
CHERN, CHRISTINA
Art Unit
1722
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Rutgers, The State University of New Jersey
OA Round
3 (Non-Final)
39%
Grant Probability
At Risk
3-4
OA Rounds
1y 8m
Est. Remaining
80%
With Interview

Examiner Intelligence

Grants only 39% of cases
39%
Career Allowance Rate
252 granted / 652 resolved
-26.3% vs TC avg
Strong +42% interview lift
Without
With
+41.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
40 currently pending
Career history
692
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
47.8%
+7.8% vs TC avg
§102
17.7%
-22.3% vs TC avg
§112
29.2%
-10.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 652 resolved cases

Office Action

§102 §103 §112
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 . Drawings The drawings were received on 2/16/2026. These drawings are acceptable. 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 and 3-13 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 solar panels to be tilted to “either of first and second tilt positions at predefined times during the day irrespective of the position of the sun”. However, nowhere does the instant specification disclose this feature. In fact, the instant specification states in paragraph [0033] that “FIGS. 4A and 4B illustrate side views of a TNVBF panel assembly configured for, respectively, morning (AM) operation and afternoon (PM) operation. Specifically, a TNVBF panel comprising energy absorbing semiconductor(s) receives light through either an east-facing glass panel or a west-facing glass panel. As depicted in FIG. 4A, during a portion of the morning the TNVBF panel is tilted slightly counterclockwise (west) to enable more direct incident AM sunlight upon the east-facing panel (more direct results in less reflection). As depicted in FIG. 4B, at a certain time the TNVBF panel is tilted slightly clockwise (east) to enable more direct incident PM sunlight upon the west-facing panel. This tilting of panels reduces reflection losses and improves the projected area and amount of light captured by the modules. Morning tilts to favor sun coming from the east (right) and afternoon uses an opposite tilt to favor rays coming from the west (left),” such that it is clear that the solar panel is tilted based on the position of the sun. Additionally, the instant specification states in paragraph [0034] that “the tilt positions (e.g., AM and PM) may be selected based upon calculations of position of the sun and expected maximum energy conversion of sunlight”, such that it is clear the tilt positions are predefined based on the position of the sun. Therefore, the claims fail to comply with the written description requirement. 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 and 3-13 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 1 recites the limitation "first and second tilt positions at predefined times during the day" in line 5 and “each tilt position is held constant through each of two parts of the day”. It is unclear if “two parts of the day” is referencing the “predefined times during the day” because nowhere does the claim specify or define the “predefined times during the day” to be two parts of a day. Additionally, the claim as written can be interpreted to having at least a first and a second tilt position at predefined times during the day, but it is not limited to only two predefined times during the day and can go between the two tilt positions many times throughout the day, such that it appears “two parts of the day” lacks antecedent basis in the claim. Clarification is requested. Claim 5 recites “the one or more BF solar panels are positioned in the first tilt position prior to dawn and positioned in the second tilt position at a time when energy conversion of sunlight incident upon the second face of the BF solar panels in the second tilt position is determined to exceed energy conversion of sunlight incident upon the first face of the BF solar panels in the first tilt position.” However, claim 1 from which claim 5 depends upon recites the solar panels are in either the first or the second tilt positions at predefined times during the day irrespective of the position of the sun, such that it is unclear why it would be positioned in the second tilt position at a time when energy conversion of sunlight incident upon the second face of the BF solar panels in the second tilt position is determined to exceed energy conversion of sunlight incident upon the first face of the BF solar panels in the first tilt position if the position of the sun does not matter, as stated in claim 1. Clarification is requested. It is noted the claim has not been further treated on the merits because it conflicts with the requirement in claim 1. 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. (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(s) 1 and 6 is/are rejected under 35 U.S.C. 102(a)(1) and 102 (a)(2) as being anticipated by Krujatz et al. (DE 102022118730; see English machine translation). Regarding claim 1, Krujatz discloses a tiltable near-vertical bifacial (TNVBF) solar panel assembly (see Figures 1 and 3), comprising: one or more bifacial (BF) solar panels (3; it is disclosed the solar modules can be bifacial solar panels) pivotally attached to a common mount (joint 4) rotatably controlled by a motor (drive unit) so as to cause the BF solar panels to controllably tilt to either of first and second tilt positions at predefined times during the day irrespective of the position of the sun (see Figures 1 and 2) (it is disclosed the PV module rotates from east to west over the course of the day after a certain time window or information conveyed via sensors in order to produce electrical energy as efficiently as possible; [0025]), wherein each tilt position is held constant through each of two parts of the day (as set forth above, the PV module can rotate after a certain time window or due to information via sensors, such that there is a time period in which it does not move and would hold the position constant through that particular part of the day, such that there are at least two parts of the day of when the day starts and when the day ends). Regarding claim 6, Krujatz discloses all the claim limitations as set forth above, and further discloses the tiltable near-vertical bifacial (TNVBF) solar panel assembly is disposed above a vertical bifacial (VBF) assembly to form thereby a hybrid assembly (see Figure 3, where there are two rows of photovoltaic modules that are independently positioned). Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) and 102 (a)(2) as being anticipated by Teruel Hernandez (EP 4002685). Regarding claim 1, Teruel Hernandez discloses a tiltable near-vertical bifacial (TNVBF) solar panel assembly (see Figure 1), comprising: one or more bifacial (BF) solar panels (1) pivotally attached to a common mount (torque tube 2) rotatably controlled by a motor (4) so as to cause the BF solar panels to controllably tilt to either of first and second tilt positions at predefined times during the day irrespective of the position of the sun (it is disclosed the rotation can be based on the time of the day in such a way that either face of the bifacial photovoltaic module is facing the sun (abstract), where it can be seen that there is at least a position for sunrise, midday and sunset in Figure 4), wherein each tilt position is held constant through each of two parts of the day (as set forth above, the PV module can rotate based on the time of the day, such that there is a time period in which it does not move and would hold the position constant through that particular part of the day, such that there are at least two parts of the day of when the day starts and when the day ends). 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) 3 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Teruel Hernandez (EP 4002685) in view of Hegedus (US 2021/0083619). Regarding claim 3, Teruel Hernandez discloses all the claim limitations as set forth above, and further discloses the angle range of the orientation of the solar panel is limited to 120 from the vertical ([0026]), where from noon to sunset, the panel shifts from close to 90 degrees to close to 0 degrees from the vertical and from dawn to noon, the panel shifts from close to -90 degrees to close to 0 degrees from the vertical ([0025]), and that high wind loads are a concern (abstract and [0002]), but the reference does not expressly disclose the first and second tilt positions are approximately 15 degrees from vertical. Hegedus discloses a tiltable near vertical bifacial panel (100) comprising one or more bifacial (BF) solar panels (101; [0010] and [0025]) pivotally attached to a common mount (torque beam 102) rotatably controlled by a motor (110) so as to cause the BF solar panels to move between a first tilt position and a second tilt position (see Figure 5A; [0040]), wherein the first and second tilt positions are approximately 15 degrees from vertical (as shown in Figure 6, the angle of the tilt position is between 0 and 15 degrees; [0042]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have selected tilt positions approximately 15 degrees from the vertical in the device of Teruel, as taught by Hegedus, so that the panel is resistive to prevailing wind ([0042]) to minimize wind loading during high wind conditions ([0009]). Regarding claim 4, Teruel Hernandez discloses all the claim limitations as set forth above, and further discloses the angle range of the orientation of the solar panel is limited to 120 from the vertical ([0026]), where from noon to sunset, the panel shifts from close to 90 degrees to close to 0 degrees from the vertical and from dawn to noon, the panel shifts from close to -90 degrees to close to 0 degrees from the vertical ([0025]), and that high wind loads are a concern (abstract and [0002]), but the reference does not expressly disclose the first and second tilt positions are within approximately 25 degrees from vertical. Hegedus discloses a tiltable near vertical bifacial panel (100) comprising one or more bifacial (BF) solar panels (101; [0010] and [0025]) pivotally attached to a common mount (torque beam 102) rotatably controlled by a motor (110) so as to cause the BF solar panels to move between a first tilt position and a second tilt position (see Figure 5A; [0040]), wherein the first and second tilt positions are approximately 15 degrees from vertical (as shown in Figure 6, the angle of the tilt position is between 0 and 15 degrees; [0042]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have selected tilt positions within approximately 25 degrees from the vertical in the device of Teruel, as taught by Hegedus, so that the panel is resistive to prevailing wind ([0042]) to minimize wind loading during high wind conditions ([0009]). Claim(s) 7-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Teruel Hernandez (EP 4002685) in view of Goetzberger (WO 9605622; see English machine translation). Regarding claim 7, Teruel Hernandez discloses all the claim limitations as set forth above, but the reference does not expressly disclose a pair of reflectors positioned to extend outward from each side of a base region of the BF solar panel at acute angles with bifacial respect to the BF solar panel. Goetzberger discloses a pivotable vertical bifacial solar panel (7) comprising a pair of reflectors (21 or 23) positioned to extend outward from each side of a base region of the BF solar panel at acute angles with bifacial respect to the BF solar panel (see Figures 4 and 5). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated a pair of reflectors positioned to extend outward from each side of a base region of the BF solar panel at acute angles with bifacial respect to the BF solar panel in the device of Teruel Hernandez, as taught by Goetzberger, so that the effective surface of the solar panel is enlarged and increases the conversion efficiency ([0038] and [0043]). Regarding claim 8, Teruel Hernandez discloses all the claim limitations as set forth above, but the reference does not expressly disclose at least one reflector positioned to extend outward from a base region of the BF solar panel at an acute angle with respect to the BF solar panel. Goetzberger discloses a pivotable vertical bifacial solar panel (7) comprising at least one reflector (21 or 23) positioned to extend outward from a base region of the BF solar panel at an acute angle with bifacial respect to the BF solar panel (see Figures 4 and 5). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated at least one reflector positioned to extend outward from a base region of the BF solar panel at an acute angle with respect to the BF solar panel in the device of Teruel Hernandez, as taught by Goetzberger, so that the effective surface of the solar panel is enlarged and increases the conversion efficiency ([0038] and [0043]). Regarding claim 9, modified Teruel Hernandez discloses all the claim limitations as set forth above. Goetzberger further discloses a reflector having a substantially planar surface (see Figure 5). Regarding claim 10, modified Teruel Hernandez discloses all the claim limitations as set forth above. Goetzberger further discloses the at least one reflector comprises a reflector having a substantially concave surface (inner surface is concave; see Figure 4). Regarding claim 11, modified Teruel Hernandez discloses all the claim limitations as set forth above. Goetzberger further discloses the at least one reflector comprises a reflector having a substantially convex surface (outer surface is convex; see Figure 4). Regarding claim 12, modified Teruel Hernandez discloses all the claim limitations as set forth above. Goetzberger further discloses the at least one reflector is pivotally attached to the same common mount as the one or more BF solar panels (see Figures 4 and 5, where the at least one reflector is attached to the bottom of the solar panel, such that it would be the location of the common mount of Teruel). Claim(s) 8 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Teruel Hernandez (EP 4002685) in view of Harp et al. (WO 2021/108636). Regarding claim 8, Teruel Hernandez discloses all the claim limitations as set forth above, but the reference does not expressly disclose at least one reflector positioned to extend outward from a base region of the BF solar panel at an acute angle with respect to the BF solar panel. Harp discloses a solar tracker system (10) comprising at least one reflector (30) positioned to extend outward from a base region of the BF solar panel at an acute angle with respect to the BF solar panel (see Figure 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated at least one reflector positioned to extend outward from a base region of the BF solar panel at an acute angle with respect to the BF solar panel in the device of Teruel, as taught by Harp, so the amount of solar energy received by the bottom sides of the BF solar panel can be enhanced and to optimize the amount of power output produced by the bottom photovoltaic sides ([0037]). Regarding claim 13, modified Teruel Hernandez discloses all the claim limitations as set forth above. Harp discloses the at least one reflector is pivotally attached to a second common mount (see Figure 1). Claim(s) 1, 8, 9, 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Boguess (US 2023/0139726) in view of Teruel Hernandez (EP 4002685). Regarding claim 1, Boguess discloses a tiltable near-vertical bifacial (TNVBF) solar panel assembly (see Figure 11F), comprising: one or more bifacial (BF) solar panels (90; [0104]) pivotally attached to a common mount (12) rotatably controlled by a motor so as to cause the BF solar panels to controllably tilt to different positions at predefined times during the day irrespective of the position of the sun (it is disclosed the plurality of solar panels are pivotable to adjust the incline by using a motorized actuator that automatically adjust the incline angle based on the time of day; [0093]), wherein the system has east and west facing functionality ([0054]). Boguess does not expressly disclose having first and second tilt positions at predefined times during the day irrespective of the position of the sun, wherein each tilt position is held constant through each of two parts of the day. Teruel Hernandez discloses it is well known in the art before the effective filing date of the claimed invention to position a bifacial photovoltaic module at different positions based on at least sunrise, midday and sunset conditions (see Figure 4), such that each position is held constant for the portion of the time period. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have selected three positions for the TNVBF of Boguess of sunrise, midday, and sunset, as taught by Teruel Hernandez, such that each position is held constant through the parts of the day, so that the solar panel can be exposed to maximum sunlight for electric generation (abstract and [0032]). Regarding claim 8, modified Boguess discloses all the claim limitations as set forth above, and further discloses at least one reflector (reflective membrane 40) positioned to extend outward from a base region of the BF solar panel at an acute angle with respect to the BF solar panel (see Figures 17A and 17B). Regarding claim 9, modified Boguess discloses all the claim limitations as set forth above, and further discloses the at least one reflector comprises a reflector having a substantially planar surface (see Figures 17A and 17B). Regarding claim 12, modified Boguess discloses all the claim limitations as set forth above, and further discloses the at least one reflector is pivotally attached to the same common mount as the one or more BF solar panels (see Figure 17A). Claim(s) 3 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Boguess (US 2023/0139726) in view of Teruel Hernandez (US 2024/0007044) in view of Yosef (WO 2021/130755). Regarding claim 3, modified Boguess discloses all the claim limitations as set forth above, but the reference does not expressly disclose the first and second tilt positions are approximately 15 degrees from vertical. Yosef discloses fixed PV arrays in which the tilt angle with respect to zenith varies depending on the latitude in which the panel is installed (see Table 1 on page 10), such that for latitudes 10o to 20 o, the title angle with respect to the zenith is around 15 o. The recommended tilt angle with respect to zenith is selected to provide optimal energy collection throughout a year, where actual recommended tilt angles may vary from Table 1 by a range of 5-10 degrees in each direction (page 9). Therefore, as modified Boguess is not limited to any specific examples of tilt positions and as tilt positions being approximately 15 degrees from vertical for solar panel assemblies installed in latitudes around 10o to 20 o were well known in the art before the effective filing date of the claimed invention, as evidenced by Yosef above, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have selected a suitable tilt position to be fixed for installation, including one that is at an angle approximately 15 degrees from vertical in the device of modified Boguess for solar panel assemblies installed in latitudes around 10o to 20 o. Said combination would amount to nothing more than the use of a known element for its intended use in a known environment to accomplish an entirely expected result. Regarding claim 4, modified Boguess discloses all the claim limitations as set forth above, but the reference does not expressly disclose the first and second tilt positions are within approximately 25 degrees from vertical. Yosef discloses fixed PV arrays in which the tilt angle with respect to zenith varies depending on the latitude in which the panel is installed (see Table 1 on page 10), such that for latitudes 25o to 35 o, the title angle with respect to the zenith is around 25 o. The recommended tilt angle with respect to zenith is selected to provide optimal energy collection throughout a year, where actual recommended tilt angles may vary from Table 1 by a range of 5-10 degrees in each direction (page 9). Therefore, as modified Boguess is not limited to any specific examples of tilt positions and as tilt positions being approximately 25 degrees from vertical for solar panel assemblies installed in latitudes around 25o to 35 o were well known in the art before the effective filing date of the claimed invention, as evidenced by Yosef above, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have selected a suitable tilt position to be fixed for installation, including one that is at an angle approximately 25 degrees from vertical in the device of modified Boguess for solar panel assemblies installed in latitudes around 25o to 35 o. Said combination would amount to nothing more than the use of a known element for its intended use in a known environment to accomplish an entirely expected result. Response to Arguments Applicant's arguments filed 2/16/2026 have been fully considered but they are not persuasive. Applicant argues that Krujatz is not a “tiltable near-vertical bifacial arrangement” because it is a flat panel installation with a snow-dumping maintenance mode. However, it is unclear what exactly is required of the “tiltable near-vertical bifacial arrangement” that is not recited in the claim when Krujatz discloses the claimed subject matter and Applicant does not refute the fact Krujatz discloses a near-vertical bifacial solar panel assembly that is tiltable. Applicant is encouraged to include structural features that clearly distinguishes from Krujatz because it is not immediately clear what the difference is besides the naming of the solar panel assembly by Krujatz. Applicant further argues the drive action in Krujatz is a “solar tracker” which would normally be moving gradually through the day and tracking as close as possible to the sun as it follows its path during the day, where the claimed invention uses a motor to effect a tilt to either of two tilt positions at predefined times during the day irrespective of the position of the sun. However, contrary to Applicant’s belief, the claimed invention still does not distinguish from any “solar tracker” because it has only required the solar panels to tilt to either of first and second tilt positions at predefined times during the day irrespective of the position of the sun, such that Krujatz discloses the PV module rotates from east to west over the course of the day after a certain time window or information conveyed via sensors in order to produce electrical energy as efficiently as possible ([0025]), which are not based on the position of the sun, and there are at least two tilt positions of one at the start of the day and one at the end of the day. The claimed invention further states “each tilt position is held constant through each of two parts of the day”, where Krujatz states above the PV module rotates after a certain time window or information conveyed via sensors, such that each tilt position would be held constant for that time duration until the certain time window passes or sensor requirement, such that they are parts of a day and can be two parts of a day based on the two positions as mentioned above. Applicant’s further argument that Krujatz has a different purpose because it does not state using the solar tracker in agricultural land was not found to be persuasive because it is not directed to the invention as claimed. Additionally, it is merely intended use, which does not have patentable weight unless it imparts difference in structure to the claimed invention, which Applicant has not demonstrated nor provided any evidence. It is noted the rejections under Hegedus have been withdrawn in view of new reference Boguess. Applicant argues that Teruel (now Teruel Hernandez) fails to teach or suggest the claimed invention based on the same reasoning as Krujatz that it discloses solar panels that follow the sun. However, as stated above, Teruel Hernandez teaches the claimed invention because the claimed invention does not differentiate from what Applicant is arguing to be the novelty. It is noted that while Applicant asserts they do not have a “solar tracker”, the instant specification states in paragraph [0027] that “The TNVBF panel assemblies provide a specific limited motion tilt similar to tracking of the panels during the day so as to achieve better annual energy yield. That is, small but well considered changes in the positioning or angle of TNVBF panels with respect to the sun at different portions of the day are provided so as to improve energy yield of the TNVBF solar arrays. These small angle variations allow improved energy yield without additional compromising farming equipment access”, which appears to recite a “solar tracker” that moves along with the sun throughout the day. Additionally, Figure 6 even states the invention to be a “hybrid fixed and tracking” type. Paragraph [0029] further states “a motorized tracking program that can be added to enhance the sunlight capture during these midday time periods while still keep the main VBF advantages”. The instant specification goes on to state in paragraph [0034] that “the tilt positions (e.g., AM and PM) may be selected based upon calculations of position of the sun and expected maximum energy conversion of sunlight”, such that it appears Applicant’s statement of “irrespective of the position of the sun” contradicts what is stated. Further, paragraph [0037] states “the amount of tilt may be defined in terms of several tilt positions; namely, AM and PM (optionally, protection or storm storage position), such as described herein with respect to the various figures. However, in various other embodiments, the amount of tilt may be defined in terms of multiple tilt positions or by specific angles and the like”, such that it appears there are more than two tilt positions that Applicant asserts the invention to have. Therefore, the arguments were not found to be persuasive. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINA CHERN whose telephone number is (408)918-7559. The examiner can normally be reached Monday-Friday, 9:30 AM-5:30 PM PT. 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, Niki Bakhtiari can be reached at 571-272-3433. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CHRISTINA CHERN/Primary Examiner, Art Unit 1722
Read full office action

Prosecution Timeline

Show 1 earlier event
Aug 22, 2025
Non-Final Rejection mailed — §102, §103, §112
Nov 24, 2025
Response Filed
Dec 16, 2025
Final Rejection mailed — §102, §103, §112
Feb 16, 2026
Response after Non-Final Action
Mar 04, 2026
Request for Continued Examination
Mar 10, 2026
Response after Non-Final Action
Apr 30, 2026
Non-Final Rejection mailed — §102, §103, §112
Jul 16, 2026
Interview Requested

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12707760
SOLAR CELL AND PHOTOVOLTAIC MODULE
2y 3m to grant Granted Aug 11, 2026
Patent 12707728
ELECTRICALLY CONDUCTIVE MATERIAL, PHOTOVOLTAIC MODULE, AND PREPARATION METHOD FOR ELECTRICALLY CONDUCTIVE MATERIAL
1y 8m to grant Granted Aug 11, 2026
Patent 12707893
AEROSOL JET PRINTING AND SINTERING OF THERMOELECTRIC DEVICES
1y 6m to grant Granted Aug 11, 2026
Patent 12695410
FRONTSHEETS FOR PHOTOVOLTAIC MODULES
1y 2m to grant Granted Jul 28, 2026
Patent 12677501
METHOD FOR CONNECTING SOLAR CELL STRING
2y 9m to grant Granted Jul 07, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
39%
Grant Probability
80%
With Interview (+41.5%)
3y 6m (~1y 8m remaining)
Median Time to Grant
High
PTA Risk
Based on 652 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month