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 .
DETAILED ACTION
This is a non-final First Office Action on the Merits in application 18/966,100, filed 12/2/2024, which is a continuation application as disclosed.
Claims 1-15 were canceled and claims 16-35 added in the preliminary amendment.
Claims 16-35 are pending and examined.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 3/7/2025, 7/9/2025, 10/20/2025 and 4/24/2026 are being considered by the examiner.
Claim Objections
Claims 16, 24, 26-28 and 30 are objected to because of the following informalities: in claim 16, lines 2-3, “each screw anchor” should be “each of the screw anchors” and in line 8, “a driving coupler” should be “the driving coupler”; in claim 24, line 2, “each foundation member” should be” each of the foundation members” and in lines 7-8, “each lower leg portion” should be “each of the lower leg portions”; in claim 26, “each nut” should be “each of the nuts”; in claim 27, “each connector” should be “each of the connectors”; in claim 28, lines 1-2, “each driving coupler” should be “each of the driving couplers” and line 3, “the one” should be “one”; and in claim 30, line 2, “each screw anchor” should be “each of the screw anchors”. Appropriate correction is required.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 16-35 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 of U.S. Patent No. 12,158,001. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Application 12,158,001
16. A foundation system for single-axis trackers comprising:(a) a pair of elongated screw anchors having proximal and distal ends, each screw anchor having:(i) an external thread form disposed on the distal end; and(ii) a driving coupler disposed on the proximal end; and(b) a truss adapter, the truss adapter having:(i) a pair of lower leg portions, wherein one of the pair of lower leg portions is received in a driving coupler of one of the elongated screw anchors.
1. A foundation system for single-axis trackers comprising: a pair of elongated screw anchors, each screw anchor of the pair having a first end with an external thread and an opposing second end, with a driving coupler; and an upside-down Y-shaped truss adapter, the upside-down Y-shaped truss adapter having a pair of angled legs at a lower end and a bearing support portion at an opposing upper end, wherein one of the pair of angled legs is received in one of the driving couplers and the bearing support portion comprises a pair of opposing planar mounting surfaces for receiving a bearing assembly.
17. The foundation system according to claim 16, wherein the truss adapter further comprises a bearing support portion.
See claim 1.
18. The foundation system according to claim 17, wherein the bearing support portion comprises a pair of opposing planar mounting surfaces.
See claim 1.
19. The foundation system according to claim 18, wherein the pair of opposing planar mounting surfaces comprise a pair of opposing flanges interconnected by a web.
5. The foundation system according to claim 1, wherein the pair of opposing planar mounting surfaces comprise a pair of opposing flanges interconnected by a web.
20. The foundation system according to claim 18, wherein the bearing support portion comprises a boxed profile pair of arms extending outwardly and away from the lower leg portions.
6. The foundation system according to claim 1, wherein the bearing support portion comprises a boxed profile pair of arms extending outwardly and away from said legs.
21. The foundation system according to claim 16, wherein each angled leg of the pair terminates in a connector that is received in the driving coupler of one of the elongated screw anchors to permit angular adjustment between the screw anchor and the connector
2. The foundation system according to claim 1, wherein each of the angled legs of the pair terminates in a connector that is received in one of the driving couplers to permit angular adjustment between the screw anchor and the connector.
22. The foundation system according to claim 21, wherein the connector comprises a ball-shaped connector and the driving coupler comprises a socket adapted to receive the ball-shaped connector.
3. The foundation system according to claim 2, wherein the connector comprises a ball-shaped connector and the driving coupler comprises a socket adapted to receive the ball-shaped connector.
23. The foundation system according to claim 22, further comprising a retaining nut above the ball-shaped connector, adapted to thread over the socket, thereby compressing the socket around the ball-shaped connector.
4. The foundation system according to claim 3, further comprising a retaining nut above the ball-shaped connector, adapted to thread over the socket, thereby compressing the socket around the ball-shaped connector.
24. A foundation assembly comprising:(a) a pair of elongated foundation members, each foundation member comprising:(i) an externally threaded end; and(ii) an opposing driving end, the driving end terminating in a driving coupler;(b) a truss adapter, the truss adapter having a pair of lower leg portions, each lower leg portion terminating in a connector adapted to mate with one of the driving couplers; and(c) a tracker bearing assembly providing a bearing for receiving a rotating member.
7. An assembly comprising: a pair of elongated foundation members, each member of the pair having an externally threaded end and an opposing driving end, the driving end terminating in a driving coupler; a truss adapter having an upper bearing support portion and a pair of lower leg portions, each of lower leg portions terminating in a connector adapted to mate with one of the driving couplers; and a tracker bearing assembly attached to the bearing support portion and providing a bearing for receiving a rotating member.
25. The foundation assembly of claim 24, wherein the truss adapter further comprises an upper bearing support portion.
See claim 7.
26. The foundation assembly according to claim 24, further comprising a pair of retaining nuts, each nut adapted to compress a portion of one of the driving couplers around one of the connectors to join one of the leg portions to one of the driving couplers.
8. The assembly according to claim 7, further comprising a pair of retaining nuts, each of the retaining nuts adapted to compress a portion of one of the driving couplers around one of the connectors to join one of the leg portions to one of the driving couplers.
27. The foundation assembly according to claim 26, wherein each connector comprises a ball-shaped connector.
9. The assembly according to claim 8, wherein each of the connectors comprises a ball-shaped connector.
28. The foundation assembly according to claim 27, wherein each driving coupler comprises a driving portion and a receiving portion, the receiving portion comprising a socket for receiving the one of the ball-shaped connectors and an external thread form for engaging threads of one of the retaining nuts.
10. The assembly according to claim 9, wherein each of the driving couplers comprises a driving portion and a receiving portion, the receiving portion comprising a socket for receiving one of the ball-shaped connectors and an external thread form for engaging threads of one of the retaining nuts.
29. The foundation assembly according to claim 28, wherein the ball-shaped connector and the socket enable the truss adapter to connect to the elongated foundation members at a plurality of different angles.
11. The assembly according to claim 10, wherein the ball-shaped connector and the socket enable the truss adapter to connect to the screw anchor at a plurality of different angles with respect to the lower leg portions.
30. A foundation system for single-axis trackers comprising: (a) a pair of elongated screw anchors, each screw anchor comprising:(i) a first end having an external thread disposed thereon; and(ii) an opposing second end having a driving coupler coupled thereto; and (b) a Y-shaped truss adapter, the Y-shaped truss adapter comprising:(i) a pair of angled legs at a lower end; and(ii) a bearing support portion at an opposing upper end; wherein one of the pair of angled legs is received in a driving coupler of one of the elongated screw anchors; and the bearing support portion comprises a pair of opposing planar mounting surfaces for receiving a bearing assembly.
1. A foundation system for single-axis trackers comprising: a pair of elongated screw anchors, each screw anchor of the pair having a first end with an external thread and an opposing second end, with a driving coupler; and an upside-down Y-shaped truss adapter, the upside-down Y-shaped truss adapter having a pair of angled legs at a lower end and a bearing support portion at an opposing upper end, wherein one of the pair of angled legs is received in one of the driving couplers and the bearing support portion comprises a pair of opposing planar mounting surfaces for receiving a bearing assembly.
31. The foundation system according to claim 30, wherein the pair of opposing planar mounting surfaces comprise a pair of opposing flanges interconnected by a web.
5. The foundation system according to claim 1, wherein the pair of opposing planar mounting surfaces comprise a pair of opposing flanges interconnected by a web.
32. The foundation system according to claim 30, wherein the bearing support portion comprises a boxed profile pair of arms extending outwardly and away from said legs.
6. The foundation system according to claim 1, wherein the bearing support portion comprises a boxed profile pair of arms extending outwardly and away from said legs.
33. The foundation system according to claim 30, wherein each angled leg of the pair terminates in a connector that is received in the driving coupler of one of the elongated screw anchors to permit angular adjustment between the screw anchor and the connector.
2. The foundation system according to claim 1, wherein each of the angled legs of the pair terminates in a connector that is received in one of the driving couplers to permit angular adjustment between the screw anchor and the connector.
34. The foundation system according to claim 33, wherein the connector comprises a ball-shaped connector and the driving coupler comprises a socket adapted to receive the ball-shaped connector.
3. The foundation system according to claim 2, wherein the connector comprises a ball-shaped connector and the driving coupler comprises a socket adapted to receive the ball-shaped connector.
35. The foundation system according to claim 34, further comprising a retaining nut above the ball-shaped connector, adapted to thread over the socket, thereby compressing the socket around the ball-shaped connector.
4. The foundation system according to claim 3, further comprising a retaining nut above the ball-shaped connector, adapted to thread over the socket, thereby compressing the socket around the ball-shaped connector.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BETH A. AUBREY(STEPHAN) whose telephone number is (571)272-1851. The examiner can normally be reached M-F 8a-4:30p.
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BETH A. AUBREY
Primary Examiner
Art Unit 3633
/Beth A Aubrey/
Prosecution Insights