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.
Election/Restrictions
Newly submitted claims 12-20 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons:
The inventions of claims 1-11 (solar collector) and claims 12-20 (method of operating a solar collector) are related as product and process of use. The inventions can be shown to be distinct if either or both of the following can be shown: (1) the process for using the product as claimed can be practiced with another materially different product or (2) the product as claimed can be used in a materially different process of using that product. See MPEP § 806.05(h). In the instant case, the process for using the product as claimed can be practiced with another materially different product such as a solar collector that does not have a frame and a frame suspension and the product as claimed can be used in a materially different process of using that product such as a method that includes a step of manually rotating the Fresnel lens panels instead of automatically rotating the Fresnel lens panels.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 12-20 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
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.
Claim 11 is 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 11 contains the limitation “wherein the sun's angle of incidence is rarely if ever perfectly normal to any surface of any Fresnel lens panel”. First, the terms “rarely if ever” does not have clear metes and bounds. Second, it is unclear what structure is required by the claims and how the “any Fresnel lens panel” relates to the at least first and second Fresnel lens panels set forth in claim 1, from which claim 11 depends. 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 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kurz (US 6,923,174).
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 an axis thereof 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).
Regarding claim 2, 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, 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, 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, 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 linear array (column 6 lines 5-46, the tracking drive can pivot the array of Fresnel panels about longitudinal axis).
Regarding claim 6, Kurz discloses all of the claim limitation as set forth above. Kurz additionally discloses that the at least one 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).
Regarding claim 7, 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, 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, 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) .
Regarding claim 10, Kurz discloses all of the claim limitations as set forth above. Kurz additionally discloses that the array rotates about only a single axis (column 6 lines 5-14).
Claims 1-5, 7 and 9-10 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 (fluid 56) (column 9 lines 53-68) defining at least one receiving aperture (heat insulating plate 46) (column 8 lines 44-50); 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 an axis thereof, 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 linear array (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).
Regarding claim 10, Stark discloses all of the claim limitations as set forth above. Stark additionally discloses that the array rotates about only a single axis (claim 9, it is noted that “at least one axis” includes one or more and reads on “a single axis”).
Response to Arguments
Applicant's arguments filed 11/21/2025 with respect to the Kurz reference have been fully considered but they are not persuasive.
Applicant argues that Kurz does not disclose a 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 an axis thereof 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.
Examiner respectfully disagrees. Kurz discloses in column 6 lines 5-14, “In order to provide for adaptation in terms of the time of year, tracking is additionally provided for the angular position of the plane of the foil 4 with respect to the surface A of the solar element 1. In this embodiment, the plane of the foil is pivoted, preferably together with the drums 51, 52, about a pivot axis that extends parallel to the surface of the solar element in the direction C. The drums 51, 52 are provided with suitable angular tracking by a pivoting mechanism (not shown) which, for example, is arranged in the region of the mounting pedestals 51g, 52g”. Kurz discloses that the tracking drive can pivot (rotate) the lens array to adjust the angular position (incline) of the plane of the lens array with respect to the surface of the solar element 1. Thus, Kurz anticipates all of the limitations of claim 1.
Applicant’s arguments and amendments have been fully considered and are persuasive with respect to the rejection over the Bell reference. Therefore, the rejection has been withdrawn. However, upon further consideration and search, a new grounds of rejection has been made over the Stark reference.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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