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
Election/Restriction
Claims 1-13 and 18-25 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 5/12/2026.
Applicant’s election without traverse of invention II, claims 14-17 in the reply filed on 5/12/2026 is acknowledged.
Newly submitted claims 26-46 directed to an invention that is independent or distinct from the invention originally claimed for the following reasons:
Invention V (claims 32-36) and invention VI (Claims 40-46) does not require the particular of “1) the decision rule finding a snow removal condition exists if the snow depth variable value is equal to or greater than the upper threshold value regardless of a current value of the at least one other current variable value; and 2) the decision rule finding a snow removal condition exists if the snow depth variable value is equal to or greater than the lower threshold value and less than the upper threshold value and if the current value of the at least one other current variable value has a predetermined snow condition value; and e) if the decision rule determines that a snow removal condition exists, executing the snow removal routine for a set of the plurality of solar tracker assemblies of the solar tracker installation.” in invention II.
Invention II does not require the particular of “1) the current condition status word corresponding to a snow removal condition if the snow depth variable value is equal to or greater than the upper threshold value regardless of a current value of the at least one other current variable value; and 2) the current condition status word corresponding to a snow removal condition exists if the snow depth variable value is equal to or greater than the lower threshold value and less than the upper threshold value and if the current value of the at least one other current variable value has a predetermined snow condition value; ” in invention V, and “1) a snow removal condition existing if the current condition status word corresponds to the snow depth variable value being equal to or greater than the upper threshold value regardless of a current value of the at least one other current variable value; and 2) a snow removal condition existing if the current condition status word corresponds to the snow depth variable value being equal to or greater than the lower threshold value and less than the upper threshold value and if the current value of the at least one other current variable value has a predetermined snow condition value;” in invention VI.
Invention V does not require the particular of “1) a snow removal condition existing if the current condition status word corresponds to the snow depth variable value being equal to or greater than the upper threshold value regardless of a current value of the at least one other current variable value; and 2) a snow removal condition existing if the current condition status word corresponds to the snow depth variable value being equal to or greater than the lower threshold value and less than the upper threshold value and if the current value of the at least one other current variable value has a predetermined snow condition value;” in invention VI., and invention VI does not require the particulars of “1) the current condition status word corresponding to a snow removal condition if the snow depth variable value is equal to or greater than the upper threshold value regardless of a current value of the at least one other current variable value; and 2) the current condition status word corresponding to a snow removal condition exists if the snow depth variable value is equal to or greater than the lower threshold value and less than the upper threshold value and if the current value of the at least one other current variable value has a predetermined snow condition value; ” in invention V.
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 32-46 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 § 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 14 and 30 is/are rejected under 35 U.S.C. 102a1 and a2 as being anticipated by Wan (US Pub No. 2023/0170842)
Regarding Claim 14, Wan et al. teaches a method of snow removal from upper surfaces of
photovoltaic modules mounted to pivoting tables of a plurality of solar tracker assemblies of a
solar tracker installation utilizing a snow removal routine, execution of the snow removal routine based on a plurality of input variable values [0018, a controller controls rotation of pv tracker to reduce snow accumulating on the pv panel], the steps of the method comprising:
a) determining a snow depth variable value associated with the solar tracker installation,
the snow depth variable value representative of a depth of accumulated snow on the upper
surfaces of the photovoltaic modules [Fig. 7, see daytime, snowfall and instructions below, 0072-0073];
b) determining at least one other current variable value associated with the solar tracker
installation [temperature value in figure 7, temperature affects current, so it is read as a current variable value];
c) setting a lower threshold value and an upper threshold value for snow depth, the upper
threshold value being greater in magnitude than the lower threshold value [Instruction include: there is no snow on the module, and there is snow on the module];
d) applying a decision rule to determine if a snow removal condition exists:
1) the decision rule finding a snow removal condition exists if the snow depth variable
value is equal to or greater than the upper threshold value regardless of a current value of the at
least one other current variable value [Fig. 7 detects if there is or is not snow on the module, in conjunction with the temperature]; and
2) the decision rule finding a snow removal condition exists if the snow depth variable
value is equal to or greater than the lower threshold value and less than the upper threshold value and if the current value of the at least one other current variable value has a predetermined snow condition value [Fig. 7, 0072-0073]; and
e) if the decision rule determines that a snow removal condition exists, executing the
snow removal routine for a set of the plurality of solar tracker assemblies of the solar tracker
installation [Fig. 7, 0072-0073].
Regarding Claim 30, Wan et al. is relied upon for the reasons given above, Wan et al. teaches wherein execution of the snow removal routine includes pivoting the respective tables of the set of the plurality of solar tracker assemblies though a predetermined angle of inclination path of travel [Abstract, Fig. 7, 0072-0073].
Allowable Subject Matter
Claims 15-17, and 26-31 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance:
Wan (US Pub No. 2023/0170842), Kesler (US Pub No. 2021/0080980), and Milshtein (US Pub No. 2020/0395891) are the closest prior art.
Wan et al. teaches a method of snow removal from upper surfaces of
photovoltaic modules mounted to pivoting tables of a plurality of solar tracker assemblies of a
solar tracker installation utilizing a snow removal routine, execution of the snow removal routine based on a plurality of input variable values [0018, a controller controls rotation of pv tracker to reduce snow accumulating on the pv panel], the steps of the method comprising:
a) determining a snow depth variable value associated with the solar tracker installation,
the snow depth variable value representative of a depth of accumulated snow on the upper
surfaces of the photovoltaic modules [Fig. 7, see daytime, snowfall and instructions below, 0072-0073];
b) determining at least one other current variable value associated with the solar tracker
installation [temperature value in figure 7, temperature affects current, so it is read as a current variable value];
c) setting a lower threshold value and an upper threshold value for snow depth, the upper
threshold value being greater in magnitude than the lower threshold value [Instruction include: there is no snow on the module, and there is snow on the module];
d) applying a decision rule to determine if a snow removal condition exists:
1) the decision rule finding a snow removal condition exists if the snow depth variable
value is equal to or greater than the upper threshold value regardless of a current value of the at
least one other current variable value [Fig. 7 detects if there is or is not snow on the module, in conjunction with the temperature]; and
2) the decision rule finding a snow removal condition exists if the snow depth variable
value is equal to or greater than the lower threshold value and less than the upper threshold value and if the current value of the at least one other current variable value has a predetermined snow condition value [Fig. 7, 0072-0073]; and
e) if the decision rule determines that a snow removal condition exists, executing the
snow removal routine for a set of the plurality of solar tracker assemblies of the solar tracker
installation [Fig. 7, 0072-0073].
Kesler et al. teaches a system 100 includes a snow removal arrangement in which the table 110 contains a noticeable amount of precipitation, such as snow or ice, such that the amount of power generated is reduce, signaling the system 100. In such conditions, the controller 630 activates the motor 180 to rotate the table 110 to extreme positions to knock-off the snow or ice [Fig. 1, 0072].
Milshtein et al. teaches a photovoltaic systems and methods described herein can promote removal of frozen water (e.g., snow, frost, ice) from a solar panel by heating it [0034].
Modified Wan et al. teaches all the structural limitations of the claim but does not disclose the limitations of “wherein the at least one other current variable value is a snowing condition variable having a value of zero if it is not currently snowing, and wherein in step (d), substep (2) the decision rule finding a snow removal condition exist if the snow depth variable value is equal to or greater than the lower threshold value and less than the upper threshold value and if the current value of the snowing condition variable value is equal to zero.” in claim 15, “wherein the at least one other current variable value is: i) a snowing condition variable having a value of zero if it is not currently snowing and ii) a day/night variable having a value of one if it is daytime, and wherein in step (d), substep (2), the decision rule finding a snow removal condition exists if: i) the snow depth variable value is equal to or greater than the lower threshold value and less than the upper threshold value; ii) the current value of the snowing condition variable value is equal to zero; and iii) the current value of the day/night variable is equal to one.” in claim 16, “wherein the at least one other current variable value is: i) a snowing condition variable having a value of zero if it is not currently snowing, ii) a day/night variable having a value of 1 if it is daytime, and iii) an elapsed time variable having a value equal to an elapsed time since the previous execution of the snow removal routine, and wherein in step (d), substep (2), the decision rule finding a snow removal condition exists if: i) the snow depth variable value is equal to or greater than the lower threshold value and less than the upper threshold value; ii) the current value of the snowing condition variable value is equal to zero; iii) the current value of the day/night variable is equal to one; and iv) the current value of the elapsed time variable is equal to or greater than a predetermined time period.” in claim 17, “wherein, the step (d) of applying a decision rule to determine if a snow removal condition exists includes the substeps of: i) applying a transformation function to the snow depth variable value and the at least one other current variable value to generate a current condition status word, and ii) the decision rule determining that a snow removal condition exists if the current condition status word corresponds to a snow removal condition.” in claim 26, “wherein the current condition status word corresponding to a snow removal condition if: i) the snow depth variable value is equal to or greater than the upper threshold value regardless of a current value of the at least one other current variable value, or ii) the snow depth variable value is equal to or greater than the lower threshold value and less than the upper threshold value and if the current value of the at least one other current variable value has a predetermined snow condition value.” in claim 27, “further including the step of updating what variables should be included in a current condition status word based on an analysis of a correlation between previous current condition status words corresponding to a snow removal condition and corresponding snow removal routine result variable values.” in claim 28, “wherein, in step (d), the decision rule compares the current condition status word to a set of snow condition status words and if the current condition status word matches any snow condition status word of the set of snow condition status words, a snow removal condition is determined.’ in claim 29, and “wherein the step (b) of determining at least one other current variable value includes measuring at least one weather condition variable selected from the following variables: 1) an ambient temperature variable; 2) a temperature gradient variable; 3) an irradiance variable; and d) a snowing condition variable and further includes determining an elapsed time variable corresponding to an elapsed time since last execution of the snow removal routine for the set of the plurality of solar tracker assemblies of the solar tracker installation.” in claim 31.
These references, nor any other reference or combination of references in the prior art suggest or render obvious the limitations of “wherein the at least one other current variable value is a snowing condition variable having a value of zero if it is not currently snowing, and wherein in step (d), substep (2) the decision rule finding a snow removal condition exist if the snow depth variable value is equal to or greater than the lower threshold value and less than the upper threshold value and if the current value of the snowing condition variable value is equal to zero.” in claim 15, “wherein the at least one other current variable value is: i) a snowing condition variable having a value of zero if it is not currently snowing and ii) a day/night variable having a value of one if it is daytime, and wherein in step (d), substep (2), the decision rule finding a snow removal condition exists if: i) the snow depth variable value is equal to or greater than the lower threshold value and less than the upper threshold value; ii) the current value of the snowing condition variable value is equal to zero; and iii) the current value of the day/night variable is equal to one.” in claim 16, “wherein the at least one other current variable value is: i) a snowing condition variable having a value of zero if it is not currently snowing, ii) a day/night variable having a value of 1 if it is daytime, and iii) an elapsed time variable having a value equal to an elapsed time since the previous execution of the snow removal routine, and wherein in step (d), substep (2), the decision rule finding a snow removal condition exists if: i) the snow depth variable value is equal to or greater than the lower threshold value and less than the upper threshold value; ii) the current value of the snowing condition variable value is equal to zero; iii) the current value of the day/night variable is equal to one; and iv) the current value of the elapsed time variable is equal to or greater than a predetermined time period.” in claim 17, “wherein, the step (d) of applying a decision rule to determine if a snow removal condition exists includes the substeps of: i) applying a transformation function to the snow depth variable value and the at least one other current variable value to generate a current condition status word, and ii) the decision rule determining that a snow removal condition exists if the current condition status word corresponds to a snow removal condition.” in claim 26, “wherein the current condition status word corresponding to a snow removal condition if: i) the snow depth variable value is equal to or greater than the upper threshold value regardless of a current value of the at least one other current variable value, or ii) the snow depth variable value is equal to or greater than the lower threshold value and less than the upper threshold value and if the current value of the at least one other current variable value has a predetermined snow condition value.” in claim 27, “further including the step of updating what variables should be included in a current condition status word based on an analysis of a correlation between previous current condition status words corresponding to a snow removal condition and corresponding snow removal routine result variable values.” in claim 28, “wherein, in step (d), the decision rule compares the current condition status word to a set of snow condition status words and if the current condition status word matches any snow condition status word of the set of snow condition status words, a snow removal condition is determined.’ in claim 29, and “wherein the step (b) of determining at least one other current variable value includes measuring at least one weather condition variable selected from the following variables: 1) an ambient temperature variable; 2) a temperature gradient variable; 3) an irradiance variable; and d) a snowing condition variable and further includes determining an elapsed time variable corresponding to an elapsed time since last execution of the snow removal routine for the set of the plurality of solar tracker assemblies of the solar tracker installation.” in claim 31 in conjunction with the remaining limitations of the claims.
Therefore; claim 14 is allowed once the limitations of claims 15-17, 26-29, and 31 are incorporated into claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL Y SUN whose telephone number is (571)270-0557. The examiner can normally be reached 9AM-7PM.
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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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/MICHAEL Y SUN/Primary Examiner, Art Unit 1728
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