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 1-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 12,231,079. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed invention of the instant application is a similar version of the claimed invention of the above identified U.S. Patent with the similar intended scope as shown below:
Instant Application
US 12,231,079
1. A method of operating a solar array, the method comprising:
providing a plurality of solar trackers forming the solar array, each solar tracker comprising a plurality of solar modules configured to receive electromagnetic radiation from a Sun, the plurality of solar modules arranged to form a plurality of photo voltaic (PV) strings, each PV string comprising at least two solar modules, and each solar tracker comprising at least two PV strings;
providing a tracker controller, the tracker controller configured to receive electrical power generated by the plurality of PV strings;
detecting a plurality of power signals generated by the plurality of PV strings and communicated electrically from each of the plurality of PV strings to a plurality of power inputs of the tracker controller;
determining a tilt angle associated with each PV string;
determining that at least one of the plurality of PV strings is shaded based on one or more of the detected power signals being less than a threshold; and
changing the tilt angle of one or more of the PV strings in response to determining that a portion of the plurality of PV strings is shaded.
1. A method of operating a solar tracker system, the method comprising:
providing a tracker controller, the tracker controller configured to receive electrical power from a plurality of solar module, each solar module configured to receive electromagnetic radiation from a Sun, the plurality of solar modules arranged to form a plurality of photo voltaic (PV) strings, each PV string comprising at least two solar modules;
detecting a plurality of power signals generated by the plurality of PV strings and communicated electrically from each of the plurality of PV strings to a plurality of power inputs of the tracker controller;
determining a tilt angle associated with each PV string;
determining that a portion of the plurality of PV strings is shaded based on one or more of the detected power signals being less than a threshold; and
changing the tilt angle of one or more of the PV strings in response to determining that a portion of the plurality of PV strings is shaded.
It is noted that claims 7-14 of the present application correspond to claims 2-9 of U.S. Patent No. 12,231,079; and claim 16 of the present application correspond to claim 10 of U.S. Patent No. 12,231,079.
Allowable Subject Matter
Claims 1-16 would be allowable if a timely filed terminal disclaimer would be submitted to overcome the outstanding double patenting rejection.
The following is a statement of reasons for the indication of allowable subject matter: Although the prior art (i.e. Jeanty et al; US 2017/0187192; Fig.1) discloses the use of a plurality of solar trackers (125) comprising PV strings and a tracker controller (130, 150), it fails to disclose or make obvious the claimed features of detecting a plurality of power signal generated by a plurality of PV strings and communicated electrically from each of the plurality of PV strings to a plurality of power inputs of the tracker controller; determining a tilt angle; determining that at least one of the plurality of PV strings is shaded; and changing the tilt angle of one or more of the solar trackers in the manner recited in claim 1. Regarding claim 16, the prior art fails to disclose or make obvious a solar tracker system comprising, in addition to the other recited features of the claim, the details and functions of a plurality of solar trackers, a processor, a power supply and a plurality of power inputs in the manner recited in claim 16.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Upfill-Brown (US 12,095,410) is cited for disclosing a solar tracker.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN K PYO whose telephone number is (571)272-2445. The examiner can normally be reached 9:00-5:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Georgia Y Epps can be reached at 571-272-2328. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN K PYO/Primary Examiner, Art Unit 2878
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