UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`16/159,783
`
`10/15/2018
`
`Xinbing Liu
`
`MATB-443USl
`
`6681
`
`04’16’2020
`
`759°
`””2
`RATNERPRESTIA
`
`2200 Renaissance Blvd
`Suite 350
`
`King of Pmssia, PA 19406
`
`GONZALEZ RAMOS” MAYLA
`
`1721
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`04/ 1 6/2020
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
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`following e—mail address(es):
`
`PCorrespondence @ ratnerprestiacom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`017/09 A0170” Summary
`
`Application No.
`16/159,783
`Examiner
`MAYLA GONZALEZ RAMOS
`
`Applicant(s)
`Liu, Xinbing
`Art Unit
`1721
`
`AIA (FITF) Status
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1). Responsive to communication(s) filed on 01/06/2020.
`CI A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a). This action is FINAL.
`
`2b) D This action is non-final.
`
`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`
`4):] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Expade Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)
`
`Claim(s)
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`flis/are pending in the application.
`
`5a) Of the above Claim(s)
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`is/are withdrawn from consideration.
`
`
`
`[:1 Claim(ss)
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`is/are allowed.
`
`Claim(ss) 1_—7 is/are rejected.
`
`D Claim(ss_) is/are objected to.
`
`) ) ) )
`
`S)
`are subject to restriction and/or election requirement
`[:1 Claim(s
`* If any claims have been determined aflowable. you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`
`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`
`10)|:l The specification is objected to by the Examiner.
`
`11). The drawing(s) filed on 10/15/2018 is/are: a). accepted or b)(j objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`
`12)D Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)I:i All
`
`b)C] Some**
`
`c)C] None of the:
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`1.[:] Certified copies of the priority documents have been received.
`
`2C] Certified copies of the priority documents have been received in Application No.
`
`SD Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`2) C] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) E] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
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`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20200411
`
`

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`Application/Control Number:16/159,783
`Art Unit:1721
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`Page2
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`DETAILED ACTION
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`Notice of Pre-AIA or AIA Status
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`1.
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`The present application, filed on or after March 16, 2013,
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`is being examined
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`under the first inventor to file provisions of the AIA.
`
`Status of Claims
`
`2.
`
`3.
`
`Claim(s) 1-7 are currently pending.
`
`Claim(s) 1-2 have been amended.
`
`Claim Rejections - 35 USC § 102
`
`4.
`
`The following is aquotation 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:
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`A person shall be entitled to a patent unless —
`
`(a)(1 ) the claimed inventionwas patented, described in a printed publication, or in public use,
`on sale orotherwise available to the public before the effective filing date of the claimed
`invention.
`
`5.
`
`Claim(s) 1 and 4 is/are rejected under 35 U.S.C. 102(a)(1) as being
`
`anticipated by US 2002/0179138, Lawheed.
`
`Regarding claim 1
`
`Lawheed teaches a method for controlling a photovoltaic array (corresponding to
`
`a system 40 comprising reflectors 76 equipped with energy converters 54 having lenses
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`364 and PV cells 190) [Figs. 1, 8 and 26, paragraphs 0061 and 0115] including a two-
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`dimensional array of photovoltaic cells (190) having a plurality of rows (the device
`
`comprises a two dimensional array of reflectors 76 having a plurality of rows, each
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`

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`Application/Control Number:16/159,783
`Art Unit:1721
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`Page3
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`reflector 76 being equipped with energy converters 54 having cells 190, and therefore
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`the cells are arranged in a two dimensional array having a plurality of rows) [Figs. 1, 8
`
`and 26, paragraphs 0061, 0088 and 0115], each row of photovoltaic cells (190) having a
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`pivot axis parallel to the row (each energy converter 54, having PV 190, have a pivot
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`axis parallel to the row, wherein the energy converter are tilted so that the reflectors 76,
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`having converters 54, are perpendicular to the rays of the sun at all times during
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`daylight hours) [Figs. 1, 5 and 26, paragraphs 0061 and 0067], each cell (energy
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`converters 54 having PV cells 190) having a lens (364) having a front surface
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`configured to concentrate light normal to the front surface onto the photovoltaic cell
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`(190) [Figs. 1, 8 and 26, paragraphs 0061, 0088 and 0115], the method comprising:
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`tilting, by a tilt actuator (tilting mechanism 52) coupled to each of the rows of
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`photovoltaic cells (tilting mechanism 52 is coupled to each row of reflectors 76, including
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`cells 190) [Figs. 1, 5, 9 and 29, paragraphs 0066 and 0115], the rows of photovoltaic
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`cells (190) to pivot about their pivot axes to face the sun at normal incidence (the
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`reflectors 76, including PV cells 190, are adjusted in the angularity of their tilt so that
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`each is essentially perpendicular to the rays of the sun at all times during daylight
`
`hours) [Figs. 1, 5, 9 and 26, paragraphs 0066-0067];
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`rotating, by a rotational actuator (motor and rotational drive assembly 50)
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`coupled to the array of photovoltaic cells (the reflectors 76, which include the array of
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`photovoltaic cells 190, are coupled to a motor and drive assembly 50 which provide
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`rotational displacement of the frame 44 including the array of photovoltaic cells 190)
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`[Figs. 1, 5, and 26, paragraphs 0061, 0065 and 0115], the rotating of the array of
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`photovoltaic cells (190) being about an axis perpendicular to a plane defined by the
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`

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`Application/Control Number:16/159,783
`Art Unit:1721
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`Page4
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`array of photovoltaic cells [Figs.
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`1 and 26, paragraphs 0061, 0065 and 0115], to position
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`the rows of the array of photovoltaic cells (190) substantially perpendicular to a plane
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`formed by a ray of the sun and a surface normal of the panel (the rotational movement
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`is provided for the purpose of maintaining perpendicular azimuth alignment between the
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`rays of the sun and the disposition of each reflectors of the array, each having
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`converters 54) [Figs. 1, 5 and 26-28, paragraphs 0061, 0065 and 0115].
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`Regarding claim 4
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`Lawheed teaches the method as set forth above, further comprising: pivoting, by
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`a tilt actuator (52), the rows of the array by moving a pivot driver bar (toggle mechanism
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`80) connected to each of the rows by a second pin (81/208) [Figs.
`
`1 and 9, paragraphs
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`0066 and 0092] relative to a fixed axis bar (horizontal bar 116) connected to each of the
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`rows by afirst pin (158) [Figs.
`
`1 and 3, paragraphs 0076 and 0090].
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`Claim Rejections - 35 USC § 103
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`6.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
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`obviousness rejections set forth in this Office action:
`
`A patent for a claimed invention maynotbe obtained, notwithstanding that the claimed
`invention is not identicallydisclosed as set forth in section 102, if the differences between the
`claimed invention and the priorartare s uch that the claimed invention as awhole would have
`been obvious before the effective filing date of the claimed invention to a person having
`ordinaryskill in the art to which the claimed invention pertains. Patentabilityshall notbe
`negated by the manner in which the invention was made.
`
`7.
`
`The factual inquiries set forth in Graham v. John Deere 00., 383 US. 1, 148
`
`USPQ 459 (1966), that are applied for establishing a background for determining
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`obviousness under 35 U.S.C. 103 are summarized as follows:
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`1. Determining the scope and contents of the prior art.
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`

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`Application/Control Number:16/159,783
`Art Unit:1721
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`Page5
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`2. Ascertaining the differences between the prior art and the claims at issue.
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`3. Resolving the level of ordinary skill in the pertinent art.
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`4. Considering objective evidence present in the application indicating
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`obviousness or nonobviousness.
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`8.
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`Claim 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over US
`
`2002/0179138, Lawheed, as applied to claims 1 and 4 above, and further in view of
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`US 2007/0070531, Lu.
`
`Regarding claim 2
`
`All the limitations of claim 1, from which claim 2 depends, have been set forth
`
`above.
`
`Lawheed teaches rotating, by a motor, the array of photovoltaic elements
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`[paragraphs 0061 and 0065]; and tilting, by a motor the rows of photovoltaic elements
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`[paragraphs 0066 and 0115].
`
`Lawheed does not teach the rotational actuator comprising a stepper motor, and
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`the tilt actuator comprising a motor with a helical screw.
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`Lu teaches a motor coupled to a helical screw for the purpose of tilting an array
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`of photovoltaic elements (the axles 142 are turned by a gear set 203 through a handle
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`145 and a connecting bar 144) [Fig. 2a and paragraph 0027]. Lu further teaches that
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`stepper motors are generally used in the art to perform rotational adjustments in
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`photovoltaic concentrator arrays [paragraphs 0025 and 0040]. Further actuators include
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`hydraulic or pneumatic systems and robotic adjustors.
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`Lawheed and Lu are analogous inventions in the field of solar concentrator
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`assemblies.
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`It would have been obvious to one of ordinary skill
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`in the art at the time of
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`

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`Application/Control Number:16/159,783
`Art Unit:1721
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`Page6
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`the invention to modify the tilting actuator of Lawheed with a motor coupled to a helical
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`screw, as in Lu, because such can effectively accommodate angular adjustments of the
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`photovoltaic array [Lu, Fig. 2a and paragraph 0027].
`
`Further, because Lu teaches choosing from a finite number of identified,
`
`predictable types of actuators for effectuating rotational movements, one of ordinary skill
`
`in the art would have found obvious to pursue the known options with reasonable
`
`expectation of success [see MPEP 2143]. Since Lu teaches that a stepper motor leads
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`to the anticipated success of performing perform rotational adjustments said type of
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`actuating device is not of innovation but of ordinary skill and common sense [see MPEP
`
`2143].
`
`9.
`
`Claim 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over US
`
`2002/0179138, Lawheed, as applied to claims 1 and 4 above, and further in view of
`
`US 2014/0373903, Hashimoto etal.
`
`All the limitations of claim 1, from which claim 3 depends, have been set forth
`
`above.
`
`Lawheed teaches conducting electrical current between the cells [paragraphs
`
`0057-0058, 0088 and 0115].
`
`Lawheed does not teach flexible wiring electrically connecting the photovoltaic
`
`cells to each other.
`
`Hashimoto teaches electrically connecting a plurality of photovoltaic cells using
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`flexible wiring members which are known to effectively connect photovoltaic cells to
`
`each other and, due to their flexible nature, stress is even less likely to be applied
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`

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`Application/Control Number:16/159,783
`Art Unit:1721
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`Page7
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`between wiring member and each photovoltaic cell, thereby producing a photovoltaic
`
`device with improved endurance [paragraphs 0003, 0020 and 0025].
`
`Lawheed and Hashimoto are analogous inventions in the field of photovoltaic
`
`arrays.
`
`It would have been obvious to one of ordinary skill in the art before the effective
`
`filing date of the invention to modify the photovoltaic cells of Lawheed to be connected
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`to each other using flexible wiring because such achieves an effective electrical
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`connection between cells and, due to their flexible nature, stress is even less likely to be
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`applied between wiring member and each photovoltaic cell, thereby producing a
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`photovoltaic device with improved endurance [Hashimoto, paragraphs 0003, 0020 and
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`0025}
`
`10.
`
`Claims 5 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable
`
`over US 2002/0179138, Lawheed, as applied to claims 1 and 4 above, and further
`
`in view of US 2011/0067688, Reif et al.
`
`All the limitations of claim 1, from which claims 5 and 6 depend, have been set
`
`forth above.
`
`Regarding claim 5
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`Lawheed teaches controlling, by a controller, the rotational actuator and the tilt
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`actuator to track sunlight based on time of day values and date of year values provided
`
`by a clock circuit [Fig. 4, paragraphs 0011, 0061, 0065, 0067, 0081 and 0084].
`
`Lawheed does not teach an open loop controller for controlling the rotational
`
`actuator and the tilt actuator to track sunlight based on time of day values and date of
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`year values provided by a clock circuit.
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`

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`Application/Control Number:16/159,783
`Art Unit:1721
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`Page8
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`Reif teaches atracking system including an open loop controller for controlling
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`the rotational actuator and the tilt actuator to track sunlight based on time of day values
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`and date of year values provided by a clock circuit (an open-loop controller with an
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`internal clock and a set of pre-calculated motor parameters effects the repositioning of
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`one or more elements of the solar concentrator system based upon system settings
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`such as, for example, geographical location of the solar concentrator system the
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`positioning adjustments may vary) [paragraph 0156].
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`Lawheed and Reif are analogous inventions in the field of photovoltaic tracking
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`arrays.
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`It would have been obvious to one of ordinary skill in the art before the effective
`
`filing date of the invention to modify the controller of Lawheed with an open loop
`
`controller as in Reif because such can effectively issue control signals that adjust the
`
`position the photovoltaic elements [Reif, paragraphs 0155-0156].
`
`Regarding claim 6
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`Lawheed teaches controlling, by a controller, the rotational actuator and the tilt
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`actuator to track sunlight based on time of day values and date of year values provided
`
`by a clock circuit [Fig. 4, paragraphs 0011, 0061, 0065, 0067, 0081 and 0084].
`
`Lawheed does not teach a closed loop controller for controlling the rotational
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`actuator and the tilt actuator to track sunlight based on time of day values and date of
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`year values provided by a clock circuit, and based on a signal output by the array.
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`Reif teaches atracking system including an closed loop controller for controlling
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`the rotational actuator and the tilt actuator to track sunlight based on time of day values
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`and date of year values provided by a clock circuit (a closed-loop control system relying
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`on both pre-derived calculated i.e., comprising a clock circuit, as well as external
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`

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`Application/Control Number:16/159,783
`Art Unit:1721
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`Page9
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`monitoring devices such as sensors which detect conditions affecting the system, effect
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`the repositioning of the one of more elements) [paragraphs 0155, 0157 and 0160].
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`Lawheed and Reif are analogous inventions in the field of photovoltaic tracking
`
`arrays.
`
`It would have been obvious to one of ordinary skill in the art before the effective
`
`filing date of the invention to modify the controller of Lawheed with a closed loop
`
`controller as in Reif because such can effectively issue control signals that adjust the
`
`position the photovoltaic elements [Reif, paragraphs 0155, 0157 and 0160].
`
`11.
`
`Claim 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over US
`
`2002/0179138, Lawheed, as applied to claims 1 and 4 above, and further in view of
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`US 2011/0030672, Olsson and US 9,291,696, Adest et al.
`
`All the limitations of claim 1, from which claim 7 depends, have been set forth
`
`above.
`
`Lawheed teaches controlling, by a controller, the rotational actuator and the tilt
`
`actuator to track sunlight based on time of day values and date of year values provided
`
`by a clock circuit [Fig. 4, paragraphs 0011, 0061, 0065, 0067, 0081 and 0084] and
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`storing the energy from the photovoltaic cells in batteries [paragraphs 0057].
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`Lawheed does not teach a capacitor.
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`Olsson teaches that batteries or capacitors can be used to store the energy from
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`the photovoltaic cells to provide power to operate both motorized rotation axes
`
`[paragraph 0055].
`
`It would have been obvious to one of ordinary skill in the art before the effective
`
`filing date of the invention to modify the method of modified Lawheed to comprise a step
`
`of storing a signal output in a capacitor in order to store energy generated from the PV
`
`

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`Application/Control Number:16/159,783
`Art Unit:1721
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`cells which then can be used to provide power to operate the motorized rotations
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`[Olsson, paragraph 0055].
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`Modified Lawheed does not teach the controller being a partially analog controller
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`for controlling the rotational actuator and tilt actuator to track sunlight based on an
`
`analog comparison between a present signal output by the array and a previous signal
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`output by the array stored in a capacitor.
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`Adest teaches controlling the position of a photovoltaic array using an analog
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`controller, a digital controller of a combination thereof [Col. 3, lines 62-64 and Col. 4,
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`lines 57-67 to Col. 5, lines 1-13].
`
`Therefore, because Adest teaches choosing from a finite number of identified,
`
`predictable types controllers for controlling actuators that are adapted to adjust the
`
`position of photovoltaic arrays, one of ordinary skill in the art would have found obvious
`
`to pursue the known options with reasonable expectation of success [see MPEP 2143].
`
`Since Adest teaches that a combination of analog and digital circuitry leads to the
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`anticipated success, said type of controller is not of innovation but of ordinary skill and
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`common sense [see MPEP 2143].
`
`Response to Arguments
`
`12.
`
`Applicant’s arguments, see Remarks filed 01/06/2020, with respect to the
`
`rejection of claims 1-7 under 35 U.S.C. §112(b) have been fully considered and are
`
`persuasive. The rejection of claims 1-7 under 35 U.S.C. §112(b) has been withdrawn.
`
`

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`Application/Control Number:16/159,783
`Art Unit:1721
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`Page11
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`13.
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`Applicant’s arguments, see Remarks filed 01/06/2020, with respect to the
`
`rejection of claims 1-7 under 35 U.S.C. §103(a) have been fully considered but are moot
`
`because the arguments do not apply to the combination of references being used in the
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`current rejection.
`
`Conclusion
`
`14.
`
`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
`
`CFR1.136(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
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
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`the advisory action.
`
`In no event, however, will the statutory period for reply expire later
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`than SIX MONTHS from the date of this final action.
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`15.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to MAYLA GONZALEZ RAMOS whose telephone number
`
`is (571)272-5054. The examiner can normally be reached on Monday - Thursday, 9:00-
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`5:00 - EST.
`
`

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`Application/Control Number:16/159,783
`Art Unit:1721
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`
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`
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`
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`
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`
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`for the organization where this application or proceeding is assigned is 571-273-8300.
`
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`
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`272-1000.
`
`/MAYLA GONZALEZ RAIVIOS/
`
`Primary Examiner, Art Unit 1721
`
`