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 .
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.
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, 7-9 and 11 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 contains the limitation “wherein each stationary heat absorbing structure” which does not have antecedent basis in claim 1. The at least one heat absorbing structure is not required to be stationary and it is unclear what “each stationary heat absorbing structure” is referring to. For the purpose of this Office Action, the above limitation in claim 1 will be treated as if it reads “wherein each heat absorbing structure”.
Claims 2-5, 7-9 and 11 are additionally rejected as being dependent on a rejected base claim and including all of the limitations thereof.
Claim 11 contains the limitation “wherein the sun's angle of incidence is not normal to a surface of the at least first or second optical Fresnel lens panels”. It is unclear what structure is required by the claim. For the purpose of this Office Action, since the structure required by the claim is unclear, claim 11 will not be further treated on the merits.
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 1-5, 7 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stark (US 4,210,121).
Regarding claim 1, Stark discloses a solar collector in Figures 1 and 11 comprising:
a linear array comprising at least first and second optical Fresnel lens panels (132) mounted to a common frame (62) (column 14 lines 37-44 and column 14 line 11);
a frame suspension mechanically coupled to the common frame (legs of frame 62), the frame suspension suspending the linear array comprising the at least first and second optical Fresnel lens panels (132) above at least one heat absorbing structure (receiver containing fluid 56) (column 9 lines 53-68) defining at least one receiving aperture (heat insulating plate 46) (column 8 lines 44-50); and
a housing (insulating container 40 and insulating material 42) (column 8 lines 20-54), wherein each heat absorbing structure is disposed on or accessible through a top surface of the housing (longitudinally extending opening 44) (column 8 lines 20-54) and comprises a thermal storage device (column 10 lines 44-65 and column 1 lines 13-27); and
a tracking drive (71) mechanically coupled to the common frame and/or the frame suspension (62) (column 8 line 55-column 9 line 52), the tracking drive (71) operable to incline the linear array comprising the at least first and second optical Fresnel lens panels by rotating the linear array about a longitudinal axis of the housing, to track elevational position changes of the sun while keeping the at least first and second optical Fresnel lens panels focused on the at least one receiving aperture of the at least one heat absorbing structure (column 8 line 55-column 9 line 52).
Regarding claim 2, Stark discloses all of the claim limitations as set forth above. Stark additionally discloses that the tracking drive comprises a slewing drive (column 8 line 55-column 9 line 52, the tracking drive can pivot the array of Fresnel panels which reads on a slewing drive).
Regarding claim 3, Stark discloses all of the claim limitations as set forth above. Stark additionally discloses an electronic controller connected to control the tracking drive (column 9 lines 22-35).
Regarding claim 4, Stark discloses all of the claim limitations as set forth above. Stark additionally discloses that the tracking drive controls pitch of the linear array of at least first and second optical Fresnel lens panels (column 8 line 55-column 9 line 52, the tracking drive can pivot the array of Fresnel panels which controls the pitch).
Regarding claim 5, Stark discloses all of the claim limitations as set forth above. Stark additionally discloses that the tracking drive controls tilt orientation of the linear array of the at least first and second optical Fresnel lens panels about a longitudinal axis of the housing (column 8 line 55-column 9 line 52 and Figures 1 and 11).
Regarding claim 7, Stark discloses all of the claim limitations as set forth above. Stark additionally discloses a focal length adjuster configured to adjust the focal length of the linear array of the at least first and second optical Fresnel panels relative to the at least one heat absorbing structure (column 11 lines 14-35, the tracking drive includes components that pivot the lenses relative to the sun and necessarily adjust the focal length when the lenses are moved relative to the light source).
Regarding claim 9, Stark discloses all of the claim limitations as set forth above. Stark additionally discloses that the panels track the sun's position only by changing their elevational orientations (column 8 line 55-column 9 line 52 and claim 9, it is noted that “at least one axis” includes one or more and reads on “only” changing the orientation in one direction, which can be the elevational orientation).
Claim Rejections - 35 USC § 103
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-5 and 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Kurz (US 6,923,174) in view of Stark (US 4,210,121).
Regarding claim 1, Kurz discloses a solar collector in Figures 1-8 comprising:
a linear array comprising at least first and second optical Fresnel lens panels (4a-c) mounted to a common frame (drums 51, 52) (column 5 lines 14-55, column 7 lines 19-65 and column 8 lines 60-68, the optical lenses can have concentric zones of spherical and paraboloidal cross-sections which reads on Fresnel panels);
a frame suspension (mounting pedestals 51g, 52g) mechanically coupled to the common frame (drums 51, 52), the frame suspension suspending the linear array of the at least first and second optical Fresnel lens panels (4a-c) above at least one heat absorbing structure (solar element 1 can be a heat absorbing structure) defining at least one receiving aperture (the area where the light enters the absorbing structure reads on a receiving aperture) (Figure 1, column 4 lines 63-column 5 line 5 and column 5 lines 30-55); and
a tracking drive (51m, 52m) mechanically coupled to the common frame and/or the frame suspension (Figure 1, column 5 lines 30-55 and column 6 lines 5-26),
the tracking drive operable to incline the linear array comprising the at least first and second optical Fresnel lens panels by rotating the linear array about a longitudinal axis of the housing to track elevational position changes of the sun while keeping the at least first and second optical Fresnel lens panels focused on the at least one receiving aperture of the at least one heat absorbing structure (column 6 lines 5-14, the angular position of the lens array can be adjusted by pivoting the plane of the lens array about a pivot axis that extends parallel to the surface of the solar element in the direction C).
Kurz additionally discloses that the at least one heat absorbing structure (solar elements 1) is stationary (Figures 1-4 and 7 and column 2 lines 46-51 and column 5 lines 30-48) and comprises a thermal storage device (column 5 lines 1-5).
Kurz does not disclose a housing, wherein each heat absorbing structure is disposed on or accessible through a top surface of the housing.
Stark discloses a solar collector in Figures 1 and 11 comprising:
a linear array comprising at least first and second optical Fresnel lens panels (132) mounted to a common frame (62) (column 14 lines 37-44 and column 14 line 11);
a frame suspension mechanically coupled to the common frame (legs of frame 62), the frame suspension suspending the linear array comprising the at least first and second optical Fresnel lens panels (132) above at least one heat absorbing structure (receiver containing fluid 56) (column 9 lines 53-68) defining at least one receiving aperture (heat insulating plate 46) (column 8 lines 44-50); and
a housing (insulating container 40 and insulating material 42) (column 8 lines 20-54), wherein each heat absorbing structure is disposed on or accessible through a top surface of the housing (longitudinally extending opening 44) (column 8 lines 20-54) and comprises a thermal storage device (column 10 lines 44-65 and column 1 lines 13-27); and
a tracking drive (71) mechanically coupled to the common frame and/or the frame suspension (62) (column 8 line 55-column 9 line 52), the tracking drive (71) operable to incline the linear array comprising the at least first and second optical Fresnel lens panels by rotating the linear array about a longitudinal axis of the housing, to track elevational position changes of the sun while keeping the at least first and second optical Fresnel lens panels focused on the at least one receiving aperture of the at least one heat absorbing structure (column 8 line 55-column 9 line 52).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to add a housing, wherein each heat absorbing structure is disposed on or accessible through a top surface of the housing to the device of Kurz, as taught by Stark, because the housing protects each heat absorbing structure and reduces heat losses (Stark, column 11 lines 44-60).
Regarding claim 2, modified Kurz discloses all of the claim limitations as set forth above. Kurz additionally discloses that the tracking drive comprises a slewing drive (column 6 lines 5-46, the tracking drive can pivot the array of Fresnel panels which reads on a slewing drive).
Regarding claim 3, modified Kurz discloses all of the claim limitation as set forth above. Kurz additionally discloses an electronic controller connected to control the tracking drive (column 6 lines 15-35, control system controls tracking drive).
Regarding claim 4, modified Kurz discloses all of the claim limitation as set forth above. Kurz additionally discloses that the tracking drive controls the pitch of the array of Fresnel panels (column 6 lines 15-35, the winding and unwinding on the drums controls the pitch of the Fresnel panels).
Regarding claim 5, modified Kurz discloses all of the claim limitations as set forth above. Kurz additionally discloses that the tracking drive controls tilt orientation of the linear array of the at least first and second optical Fresnel lens panels about a longitudinal axis of the housing (column 6 lines 5-46, the tracking drive can pivot the array of Fresnel panels about longitudinal axis).
Regarding claim 7, modified Kurz discloses all of the claim limitation as set forth above. Kurz additionally discloses a focal length adjuster configured to adjust the focal length of the linear array of the at least first and second optical Fresnel panels relative to the at least one heat absorbing structure (column 6 lines 5-46, the tracking drive can pivot and laterally translate the array of Fresnel panels, which will necessarily adjust the focal length of the array relative to the solar elements).
Regarding claim 8, modified Kurz discloses all of the claim limitation as set forth above. Kurz additionally discloses an in plane adjustment (lateral movement in direction C) configured to adjust the in plane position of the linear array of the at least first and second optical Fresnel panels relative to the at least one heat absorbing structure (solar element 1) (column 5 lines 30-55 and Figure 1).
Regarding claim 9, modified Kurz discloses all of the claim limitations as set forth above. Kurz additionally discloses that the panels track the sun's position only by changing their elevational orientations (column 6 lines 5-14) .
Response to Arguments
Applicant's arguments filed 5/28/2026 have been fully considered but they are not persuasive.
The arguments to the Kurz reference not having the claimed housing are moot since the rejection has been changed to an obviousness rejection over Kurz in view of Stark, as discussed above.
Applicant argues that Stark does not disclose “a housing, wherein each stationary heat absorbing structure is disposed on or accessible through a top surface of the housing and comprises a thermal storage device" and where "the tracking drive [is] operable to incline the linear array comprising the at least first and second optical Fresnel lens panels in a single axis by rotating the linear array about a longitudinal axis of the housing, to track elevational position changes of the sun." Stark does not disclose each and every element of claim 1, as amended. Specifically, Stark does not disclose (1) a system where the housing has a "stationary heat absorbing structure" comprising a "thermal storage device" which is "disposed on or accessible through a top surface of the housing", let alone in combination with (2) a system in which a suspended linear Fresnel lens array rotates about a single longitudinal axis of a housing. Further, Stark does not describe an array that rotates about only a single axis "by rotating the linear array about a longitudinal axis of the housing" as required by claim 1, as amended (emphasis added).
Examiner respectfully disagrees. The term “each stationary heat absorbing structure” does not have antecedent basis in the claim and has been treated as “each heat absorbing structure”. Stark reads on the newly added limitation and discloses a housing (insulating container 40 and insulating material 42) (column 8 lines 20-54), wherein each heat absorbing structure is disposed on or accessible through a top surface of the housing (longitudinally extending opening 44) (column 8 lines 20-54) and comprises a thermal storage device (column 10 lines 44-65 and column 1 lines 13-27) as claimed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LINDSEY A BUCK whose telephone number is (571)270-1234. The examiner can normally be reached Monday-Friday 9am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Martin can be reached at (571)270-7871. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LINDSEY A BUCK/Primary Examiner, Art Unit 1728
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