This is a Non-Final office action for serial number 18/960,402.
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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7 of U.S. Patent No.12,180,764. Although the claims at issue are not identical, they are not patentably distinct from each other because both 18/960402 and US Patent 12,180,764 disclose:
1. A journal-coupler for a first torque tube and a second torque tube, the journal coupler comprising: a first portion including a first opening and a second opening, a first pair of flanges and a first coupler portion; a second portion removably coupled to the first portion, the second portion including a third opening and a fourth opening, a second pair of flanges and a second coupler portion; an upper bearing portion; and a lower bearing portion removably coupled to the upper bearing portion; wherein: the first coupler portion and the second coupler portion combine as an enclosed torque tube portion and couple over a first torque tube and a second torque tube; the lower bearing portion comprises a pier insert portion including fastening slots, a first prong, and a second prong; and the journal-coupler sustains a continuous electrical ground path between the first portion, the first torque tube, the second torque tube and the second portion.
2. The journal-coupler of claim 1, wherein: the upper bearing portion, the first portion, the first torque tube, the second torque tube, the second portion and the lower bearing portion are each made of a conductive material.
3. The journal-coupler of claim 2, wherein the first portion includes a first semi-circular exterior portion, and the second portion includes a second semi-circular exterior portion.
4. The journal-coupler of claim 3, wherein the first semi-circular exterior portion and the second semi-circular exterior portion combine for enclosure by the bearing enclosure.
5. The journal-coupler of claim 3, wherein the first prong includes a first latching portion, and the second prong includes a second latching portion.
6. The journal-coupler of claim 5, wherein: the lower bearing portion further comprises a pair of stop portions; and the upper bearing portion comprises a pair of gussets.
7. The journal-coupler of claim 5, wherein: the combined first portion and the second portion is configured to rotate within the bearing enclosure; and the first pair of flanges and the second pair of flanges each comprise a plurality of fastening through-holes configured for receiving fasteners that couple the first portion with the second portion.
8. The journal-coupler of claim 7, wherein: the first opening and the third opening align to form a first window; the second opening and the fourth opening align to form a second window; the lower bearing portion and the upper bearing portion couple together through the first window and the second window; and the pier insert portion is configured for attachment with a pier.
9. A journal-coupler system for a first torque tube and a second torque tube, the system comprising: a first portion including a first opening and a second opening, a first pair of flanges and a first coupler portion; a second portion removably coupled to the first portion, the second portion including a third opening and a fourth opening, a second pair of flanges and a second coupler portion; an upper bearing portion; and a lower bearing portion removably coupled to the upper bearing portion, the lower bearing portion comprises a pier insert portion including fastening slots, a first prong, and a second prong; wherein: the upper bearing portion and the lower bearing portion combine to form a bearing enclosure for the first portion and the second portion; the upper bearing portion and the lower bearing portion combine as a bearing enclosure for the first portion and the second portion; the first portion and the second portion couple over a first torque tube and a second torque tube; the journal-coupler system sustains a continuous electrical ground path between the upper bearing portion, the first portion, the first torque tube, the second torque tube, the second portion and the lower bearing portion; and the first coupler portion and the second coupler portion combine to form an enclosed torque tube portion.
10. The system of claim 9, wherein the upper bearing portion, the first portion, the first torque tube, the second torque tube, the second portion and the lower bearing portion are each made of a conductive material.
11. The system of claim 10, wherein the first portion includes a first semi-circular exterior portion, the second portion includes a second semi-circular exterior portion.
12. The system of claim 11, wherein the first semi-circular exterior portion and the second semi-circular exterior portion combine for enclosure by the bearing enclosure, the first prong includes a first latching portion, and the second prong includes a second latching portion.
13. The journal-coupler system of claim 12, wherein: the lower bearing portion further comprises a pair of stop portions; and the upper bearing portion comprises a pair of gussets.
14. The journal-coupler system of claim 12, wherein: the combined first portion and the second portion is configured to rotate within the bearing enclosure; and the first pair of flanges and the second pair of flanges each comprise a plurality of fastening through-holes configured for receiving fasteners that couple the first portion with the second portion.
15. The journal-coupler system of claim 14, wherein: the first opening and the third opening align to form a first window; the second opening and the fourth opening align to form a second window; the lower bearing portion and the upper bearing portion couple together through the first window and the second window; the pier insert portion is configured for attachment with a pier; and the enclosed torque tube portion is configured to couple with a first torque tube and a second torque tube.
16. A system for solar panel tracking, the system comprising: a journal-coupler including: a first portion including a first opening and a second opening, a first pair of flanges and a first coupler portion; and a second portion removably coupled to the first portion, the second portion including a third opening and a fourth opening, a second pair of flanges and a second coupler portion; a bearing enclosure including: an upper bearing portion; and a lower bearing portion removably coupled to the upper bearing portion; and a first torque tube and a second torque tube each configured for coupling with one or more solar panels; wherein: the upper bearing portion and the lower bearing portion combine as a bearing enclosure for the journal-coupler and couple over the first torque tube and the second torque tube; the journal-coupler and the bearing enclosure sustain a continuous electrical ground path between the upper bearing portion, the first portion, the first torque tube, the second torque tube, the second portion and the lower bearing portion; the first coupler portion and the second coupler portion combine as an enclosed torque tube portion and couple over a first torque tube and a second torque tube; and the lower bearing portion comprises a pier insert portion including fastening slots, a first prong, and a second prong.
17. The system of claim 16, wherein the upper bearing portion, the first portion, the first torque tube, the second torque tube, the second portion and the lower bearing portion are each made of a conductive material.
18. The system of claim 17, wherein: the first portion includes a first semi-circular exterior portion; the second portion includes a second semi-circular exterior portion; the first semi-circular exterior portion and the second semi-circular exterior portion combine for enclosure by the bearing enclosure; the first prong including a first latching portion; and the second prong including a second latching portion.
19. The system of claim 18, wherein: the lower bearing portion further comprises a pair of stop portions; the upper bearing portion comprises a pair of gussets; the journal-coupler is configured to rotate within the bearing enclosure; and the first pair of flanges and the second pair of flanges each comprise a plurality of fastening through-holes configured for receiving fasteners that couple the first portion with the second portion.
20. The system of claim 19, wherein: the first opening and the third opening align to form a first window; the second opening and the fourth opening align to form a second window; the lower bearing portion and the upper bearing portion couple together through the first window and the second window; and the pier insert portion is configured for attachment with a pier.
Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No. 11,230,866 in view of US Patent 12,180,764.
Both the application and US Patent 11,230,866 disclose:
1. A journal-coupler for a first torque tube and a second torque tube, the journal coupler comprising: a first portion including a first opening and a second opening, a first pair of flanges and a first coupler portion; a second portion removably coupled to the first portion, the second portion including a third opening and a fourth opening, a second pair of flanges and a second coupler portion; an upper bearing portion; and a lower bearing portion removably coupled to the upper bearing portion; wherein: the first coupler portion and the second coupler portion combine as an enclosed torque tube portion and couple over a first torque tube and a second torque tube; the lower bearing portion comprises a pier insert portion including fastening slots, a first prong, and a second prong;
2. The journal-coupler of claim 1, wherein: the upper bearing portion, the first portion, the first torque tube, the second torque tube, the second portion and the lower bearing portion are each made of a conductive material.
3. The journal-coupler of claim 2, wherein the first portion includes a first semi-circular exterior portion, and the second portion includes a second semi-circular exterior portion.
4. The journal-coupler of claim 3, wherein the first semi-circular exterior portion and the second semi-circular exterior portion combine for enclosure by the bearing enclosure.
5. The journal-coupler of claim 3, wherein the first prong includes a first latching portion, and the second prong includes a second latching portion.
6. The journal-coupler of claim 5, wherein: the lower bearing portion further comprises a pair of stop portions; and the upper bearing portion comprises a pair of gussets.
7. The journal-coupler of claim 5, wherein: the combined first portion and the second portion is configured to rotate within the bearing enclosure; and the first pair of flanges and the second pair of flanges each comprise a plurality of fastening through-holes configured for receiving fasteners that couple the first portion with the second portion.
8. The journal-coupler of claim 7, wherein: the first opening and the third opening align to form a first window; the second opening and the fourth opening align to form a second window; the lower bearing portion and the upper bearing portion couple together through the first window and the second window; and the pier insert portion is configured for attachment with a pier.
9. A journal-coupler system for a first torque tube and a second torque tube, the system comprising: a first portion including a first opening and a second opening, a first pair of flanges and a first coupler portion; a second portion removably coupled to the first portion, the second portion including a third opening and a fourth opening, a second pair of flanges and a second coupler portion; an upper bearing portion; and a lower bearing portion removably coupled to the upper bearing portion, the lower bearing portion comprises a pier insert portion including fastening slots, a first prong, and a second prong; wherein: the upper bearing portion and the lower bearing portion combine to form a bearing enclosure for the first portion and the second portion; the upper bearing portion and the lower bearing portion combine as a bearing enclosure for the first portion and the second portion; the first portion and the second portion couple over a first torque tube and a second torque tube; the journal-coupler system sustains a continuous electrical ground path between the upper bearing portion, the first portion, the first torque tube, the second torque tube, the second portion and the lower bearing portion; and the first coupler portion and the second coupler portion combine to form an enclosed torque tube portion.
11. The system of claim 10, wherein the first portion includes a first semi-circular exterior portion, the second portion includes a second semi-circular exterior portion.
12. The system of claim 11, wherein the first semi-circular exterior portion and the second semi-circular exterior portion combine for enclosure by the bearing enclosure, the first prong includes a first latching portion, and the second prong includes a second latching portion.
13. The journal-coupler system of claim 12, wherein: the lower bearing portion further comprises a pair of stop portions; and the upper bearing portion comprises a pair of gussets.
14. The journal-coupler system of claim 12, wherein: the combined first portion and the second portion is configured to rotate within the bearing enclosure; and the first pair of flanges and the second pair of flanges each comprise a plurality of fastening through-holes configured for receiving fasteners that couple the first portion with the second portion.
15. The journal-coupler system of claim 14, wherein: the first opening and the third opening align to form a first window; the second opening and the fourth opening align to form a second window; the lower bearing portion and the upper bearing portion couple together through the first window and the second window; the pier insert portion is configured for attachment with a pier; and the enclosed torque tube portion is configured to couple with a first torque tube and a second torque tube.
16. A system for solar panel tracking, the system comprising: a journal-coupler including: a first portion including a first opening and a second opening, a first pair of flanges and a first coupler portion; and a second portion removably coupled to the first portion, the second portion including a third opening and a fourth opening, a second pair of flanges and a second coupler portion; a bearing enclosure including: an upper bearing portion; and a lower bearing portion removably coupled to the upper bearing portion; and a first torque tube and a second torque tube each configured for coupling with one or more solar panels; wherein: the upper bearing portion and the lower bearing portion combine as a bearing enclosure for the journal-coupler and couple over the first torque tube and the second torque tube;; the first coupler portion and the second coupler portion combine as an enclosed torque tube portion and couple over a first torque tube and a second torque tube; and the lower bearing portion comprises a pier insert portion including fastening slots, a first prong, and a second prong.
17. The system of claim 16, wherein the upper bearing portion, the first portion, the first torque tube, the second torque tube, the second portion and the lower bearing portion are each made of a conductive material.
18. The system of claim 17, wherein: the first portion includes a first semi-circular exterior portion; the second portion includes a second semi-circular exterior portion; the first semi-circular exterior portion and the second semi-circular exterior portion combine for enclosure by the bearing enclosure; the first prong including a first latching portion; and the second prong including a second latching portion.
19. The system of claim 18, wherein: the lower bearing portion further comprises a pair of stop portions; the upper bearing portion comprises a pair of gussets; the journal-coupler is configured to rotate within the bearing enclosure; and the first pair of flanges and the second pair of flanges each comprise a plurality of fastening through-holes configured for receiving fasteners that couple the first portion with the second portion.
20. The system of claim 19, wherein: the first opening and the third opening align to form a first window; the second opening and the fourth opening align to form a second window; the lower bearing portion and the upper bearing portion couple together through the first window and the second window; and the pier insert portion is configured for attachment with a pier.
US Patent 11,230,866 discloses all of the limitations of the claimed invention except for:
1. and the journal-coupler sustains a continuous electrical ground path between the first portion, the first torque tube, the second torque tube and the second portion.
10. The system of claim 9, wherein the upper bearing portion, the first portion, the first torque tube, the second torque tube, the second portion and the lower bearing portion are each made of a conductive material.
16. the journal-coupler and the bearing enclosure sustain a continuous electrical ground path between the upper bearing portion, the first portion, the first torque tube, the second torque tube, the second portion and the lower bearing portion
US Patent 12,180,764 teaches that it is known to have:
1. and the journal-coupler sustains a continuous electrical ground path between the first portion, the first torque tube, the second torque tube and the second portion.
10. The system of claim 9, wherein the upper bearing portion, the first portion, the first torque tube, the second torque tube, the second portion and the lower bearing portion are each made of a conductive material.
16. the journal-coupler and the bearing enclosure sustain a continuous electrical ground path between the upper bearing portion, the first portion, the first torque tube, the second torque tube, the second portion and the lower bearing portion.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with reasonable expectation of success to have modified US Patent 11,230,866 to have included the journal-coupler sustains a continuous electrical ground path between the first portion, the first torque tube, the second torque tube and the second portion; wherein the upper bearing portion, the first portion, the first torque tube, the second torque tube, the second portion and the lower bearing portion are each made of a conductive material; and the journal-coupler and the bearing enclosure sustain a continuous electrical ground path between the upper bearing portion, the first portion, the first torque tube, the second torque tube, the second portion and the lower bearing portion as taught by US12,180,764 for the purpose of providing a clamp-on journal that can be used on a single torque tube to function solely as a ground path for that torque tube; and providing an integral grounding path and method without having to add any additional hardware such as a ground strap or a ground wire and attachment devices for a ground strap or ground wire therefore being cost effective and saving time during installation.
Conclusion
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/KIMBERLY T WOOD/ Primary Examiner, Art Unit 3631