DETAILED ACTION
The Examiner acknowledges Claims 1-7, 10, 12-14 and 17-20 have been amended and Claims 9, 11 and 16 have been cancelled.
Response to Arguments
Applicant's arguments with respect to the 112 rejection of Claim 5 [element 4 from the previous Office Action] have been fully considered but they are not persuasive. Regarding the claim limitation “the at least one securing member is in a form of receptacle”, the Examiner still finds unclear. Furthermore, in the remarks, the Applicant argues that “claim 5 is disclosing ‘the securing member’ in a form of ‘a receptacle’ for receiving a portion of the shaft”. There is a key distinction between Claim 5 and the Applicant’s remarks, and that is the letter “a” that should be between “of” and “receptacle”.
Applicant’s arguments and amendments with respect to the remaining 112 rejections have been fully considered and are persuasive. The 112 rejections of Claims 11 and 16 have been withdrawn.
Applicant’s arguments and amendments with respect to the Prior Art rejections have been considered but are moot because the amendments have necessitated a different interpretation of the “Zhou” Patent [see rejection below].
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1 [and therefore its dependents] are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The Examiner finds the use of “thereof” on Line 7 to be unclear as it is unknown if the bottom portion is referring to the support structure or the plurality of arms.
Claim 5 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The Examiner finds “in a form of receptacle”.
Claim 7 [and therefore its dependents] are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. This claim requires a plurality of arms but the claim depends from Claim 1 that already recited a plurality of arms. It is unclear if these are the same or different.
Claim 20 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. This claim requires a plurality of arms but the claim depends from Claim 18 that already recited a plurality of arms. It is unclear if these are the same or different.
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)(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.
(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.
Claims 1, 4-8, 15 and 17-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US Patent # 9,410,340 to Zhao et al.
Regarding claim 1, as best understood, Zhao teaches in Figures 1 and 2 [annotated below], a coupling assembly (A) [plated tower transition piece (Column 3, Line 28)] for attaching a power generating source (B) [wind turbine generating unit (Column 1, Line 18)] to a structure (C) [jacketed base structure (Column 1, Lines 16-17)], comprising: one or more shafts (1) [tower (Column 2, Line 43)] having a first end and a second end; and a support structure (D) having a top portion and a bottom portion, the support structure (D) being configured to receive at least a portion of the one or more shafts (1) at the second end on the top portion therein, wherein the support structure (D) further comprises a plurality of arms (3) [inclined plate (Column 2, Line 58)] and a plurality of legs (2) (Column 2, Lines 59-60) at the bottom portion thereof, each of the plurality of legs (2) extends downward from each of the plurality of arms (3); wherein the one or more shafts (1) are configured to be attached to the power generating source (B) at the first end and the support structure (D) is configured to be attached to the structure (C) comprising a tower (Column 4, Line 37), at the bottom portion, wherein the plurality of legs (2) of the support structure (D) are configured to be secured at a top portion of the structure (C), thereby attaching the power generating source (B) to the structure (A).
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Regarding claim 4, Zhao teaches in Figure 2 [annotated above], the support structure (D) comprises at least one securing member (E) on the top portion thereof for receiving and securing the portion of the one or more shafts (1) at the second end.
Regarding claim 5, as best understood, Zhao teaches in Figure 2 [annotated above], the at least one securing member (E) is at a central portion of the support structure (D), wherein the at least one securing member (E) is in a form of receptacle that is configured to receive the portion of the one or more shafts (1) at the second end therein, and wherein a shape of the at least one securing member (E) corresponds to a shape of an outer periphery of the one or more shafts (1) and is configured to have a first depth for accommodating the second end securely therein.
Regarding claim 6, Zhao teaches in Figure 2 [annotated above], a number of the at least one securing member (E) in the top portion of the support structure (D) corresponds to a number of the one or more shafts (1) to be used.
Regarding claim 7, as best understood, Zhao teaches in Figure 2 [annotated above], the support structure (D) further comprises a plurality of arms (3) extending from a central portion (F) thereof, the plurality of arms (3) configured to be attached to the central portion (F) at an angle with respect to a longitudinal axis of the one or more shafts (1) extending from the first end to the second end, wherein the longitudinal axis comprises a first side and a second side.
Regarding claim 8, Zhao teaches in Figure 2 [annotated above], each of the plurality of arms (3) comprises a proximal end and a distal end, wherein each of the plurality of arms (3) extends radially from the proximal end attached to the central portion (F) to the distal end.
Regarding claim 15, Zhao teaches in Figure 1, the power generating source is a wind turbine (Column 1, Line 18).
Regarding claim 17, Zhao teaches in Figures 1 and 2 [annotated above], a power generating system (Column 1, Line 18), comprising: a wind turbine (B) (Column 1, Line 18); and a coupling assembly (A) [plated tower transition piece (Column 3, Line 28)] for attaching the wind turbine (Column 1, Line 18), wherein the coupling assembly (A) comprises: one or more shafts (1) [tower (Column 2, Line 43)] having a first end and a second end; and a support structure (D) having a top portion, the support structure (D) being configured to receive and secure at least a portion of the one or more shafts (1) at the second end on the top portion therein, wherein the support structure (D) further comprises a plurality of arms (3) [inclined plate (Column 2, Line 58)] and a plurality of legs (2) (Column 2, Lines 59-60) at the bottom portion thereof, each of the plurality of legs (2) extends downwardly from each of the plurality of arms (3); wherein the plurality of legs (2) of the support structure (D) are configured to be secured at a top portion of a structure (C) comprising a tower (Column 4, Line 37), thereby attaching the wind turbine (B) to the structure (C).
Regarding claim 18, Zhao teaches in Figures 1 and 2 [annotated above], a system for generating electrical energy (Column 1, Line 18), comprising: a power generating source (B) (Column 1, Line 18) configured for generating electrical energy (Column 1, Line 18); and a coupling assembly (A) [plated tower transition piece (Column 3, Line 28)] configured for attaching the power generating source (B) to a structure (C) [jacketed base structure (Column 1, Lines 16-17)], wherein the coupling assembly (A) comprises: one or more shafts (1) [tower (Column 2, Line 43)] having a first end and a second end; and a support structure (D) [plated transition piece (Colum 2, Lines 48-49)] having a top portion and a bottom portion, the support structure (D) being configured to receive and secure at least a portion of the one or more shafts (1) at the second end on the top portion therein; wherein the support structure (D) further comprises a plurality of arms (3) [inclined plate (Column 2, Line 58)] and a plurality of legs (2) (Column 2, Lines 59-60) at the bottom portion thereof, each of the plurality of legs (2) extends downwardly from each of the plurality of arms (3); wherein the one or more shafts (1) are configured to be attached to the power generating source (B) at the first end and the support structure (D) is configured to be attached to the structure (C) comprising a tower (Column 4, Line 37), at the bottom portion, wherein the plurality of legs (2) of the support structure (D) are configured to be secured at a top portion of the structure (C), thereby attaching the power generating source (B) to the structure (C).
Regarding claim 19, Zhao teaches in Figure 1 [annotated above], a transmitting member [such as a wire or power cable] configured to transmit the electrical energy generated by the power generating source (B) inherently to a grid, through the one or more shafts (1), wherein each of the one or more shafts (1) are comprises a hollow member [jacketed tubular member (Column 1, Lines 50-52)] through which the transmitting member [the wire or cable] transmits the electrical energy.
Regarding claim 20, as best understood, Zhao teaches in Figure 2 [annotated above], the support structure (D) comprises at least one securing member (E) on a top portion thereof for receiving the at least the portion of the one or more shafts (1) at the second end, and a plurality of arms (D) extending from a central portion (F) of the support structure (D).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 2, 3 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent # 9,410,340 to Zhao et al.
Regarding claim 2, Zhao teaches a coupling assembly with one or more shafts but does not teach the shaft has an outer periphery having a polygonal shape. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to give an outer periphery of the shaft a polygonal shape since a change in the shape of a prior art device is a design consideration within the skill of the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Regarding claim 3, Zhao teaches a coupling assembly with one or more shafts but does not teach the shaft has an outer periphery having a hexagonal or octagonal shape. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to give an outer periphery of the shaft a hexagonal or octagonal shape since a change in the shape of a prior art device is a design consideration within the skill of the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Regarding claim 10, Zhao teaches a coupling assembly with one or more shafts that are hollow [jacketed tubular member (Column 1, Lines 50-52)] but does not teach it is made from E450 grade steel. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use E450 grade steel for the shaft since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. It is also common knowledge to choose a material that has sufficient strength, durability, flexibility, hardness, etc. for the application and intended use of that material.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over US Patent # 9,410,340 to Zhao et al in view of US Patent # 10,914,095 to Reed in further view of US Patent Application Publication # 2020/0011301 to Moeskjaer.
Regarding claim 12, Zhao in view of Reed teach a coupling assembly with one or more shafts but does not teach they are arranged parallel to each other. However, Moeskjaer teaches in Figures 1 and 2, a plurality of shafts (14) arranged parallel to each other. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the transition piece of Zhao in view of Reed with the wind turbine tower of Moeskjaer with a reasonable expectation of success because Moeskjaer teaches a plurality of shafts would make the power generating source to structure connection stronger.
Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent # 9,410,340 to Zhao et al in view of US Patent # 10,914,095 to Reed.
Regarding claims 13-14, Zhao teaches the coupling assembly but does not teach the one or more shafts comprises a plurality of shafts. However, Reed teaches in Figure 1, a shaft (12) [tower (Column 4, Line 19)] comprising a plurality of shafts (24) [tower sections (Column 4, Line 20)] corresponding first ends and second ends, each of the plurality of shafts (24) having a longitudinal axis extending from the first end to the second end, wherein the longitudinal axis comprises a first side and a second side; wherein the plurality of shafts (24) are configured to be arranged serially, such that a second end of a first shaft abuts a first end of a second shaft. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the transition piece of Zhao with the wind turbine tower of Reed with a reasonable expectation of success because Reed teaches the plurality of shafts allows the tower to be taller as opposed to just one shaft.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(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 shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW J TRIGGS whose telephone number is (571)270-3657. The examiner can normally be reached Mon-Thurs 6am-2pm EST.
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/ANDREW J TRIGGS/Primary Examiner, Art Unit 3635