DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Amendment/Argument
Double patenting rejection: Applicant amended independent claim 1 and added new claims 2-20. However, the amended independent claims do not appear to change the scope (receiving wind turbines information, finding differences or similarities between the wind turbines and controlling the wind turbines) as in independent claim of U.S Patent No. 10415546 B2. Therefore, the double patenting rejection is not withdrawn.
Prior art: Regarding independent claim 1 and similarly for independent claims 8 and 15.
Mannar et al US 20120053984 A1 teaches an apparatus, comprising:
a processor ([0031] Turbine control system 150 includes one or more controllers or other processors configured to execute control algorithms.); and
a memory storing instructions that, when executed by the processor, cause the apparatus to perform a method comprising (para [0033] RAM and storage devices store and transfer information and instructions to be executed by the processor(s).):
receiving status information regarding each of a plurality of wind turbines, the status information for each of the plurality of wind turbines including status components for each wind turbine of the plurality of wind turbines (para [0051] In the exemplary embodiment, condition monitoring system 304 and maintenance database 306 receive data from at least one wind turbine 100. More specifically, condition monitoring system 304 receives usage and health information from a plurality of wind turbines 100.), the status components including at least wind information and yaw information (para [0030] Nacelle 106 also includes a yaw drive mechanism 146 that rotates nacelle 106 and rotor 108 about yaw axis 116 to control the perspective of rotor blades 112 with respect to the direction of wind 114. Nacelle 106 also includes at least one meteorological mast 148, such as a wind vane and/and anemometer (neither shown in FIG. 2). In one embodiment, meteorological mast 148 provides information, including wind direction and/or wind speed, to a turbine control system 150).
From Fig. 5 and above paragraph examiner views the condition monitoring receives status information of each multiple wind turbines using SCADA. SCADA is also viewed to provide wind information and Yaw information in each wind turbine.
for each particular wind turbine of the plurality of wind turbines, determining similarities between the particular wind turbine and each status component of the first status information of every other wind turbines of the plurality of wind turbines ([0069] Referring again to FIG. 5, another application of text-mining system 400 performs a peer analysis when needed or desired. For example, text-mining system 400 segments wind turbines based on environmental and operational parameters to identify groups of wind turbines and/or wind farms with similar characteristics to perform the peer analysis), the similarities based on status components of the particular wind turbine and status components of the other wind turbines of the plurality of wind turbines (para [0069] Results from the peer analysis are used in risk indices system 318 to provide a baseline for developing adders to turbine-level frequency/severity models. The peer group segmentation is based on ambient temperature, wind speed, and/or power measurements for an individual wind turbine measured over its lifetime. A mixture-model-based clustering assumes that data is obtained from a mixture of clusters each having unique distribution characteristics);
Examiner views the wind turbine peer analysis determines the similarities between any particular wind turbine with other wind turbines.
diving the plurality of wind turbines into two or more groups based on the similarities and at least one similarity threshold (para [0069] For example, text-mining system 400 segments wind turbines based on environmental and operational parameters to identify groups of wind turbines and/or wind farms with similar characteristics to perform the peer analysis);
Examiner views the wind turbines are segmented or divided into groups of similar wind turbines based on the environmental and operational parameters of the wind turbines (i.e., similarity threshold)
However prior arts were not found to teach the following limitations
in response to having detected a fault in a first wind turbine of the plurality of wind turbines, identifying a group of the two or more groups to which the first wind turbine belongs and identifying a second wind turbine within the group of the two or more groups; and controlling operation of the first wind turbine based on at least one parameter from the second wind turbine.
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 1, 4, (5, 6), 8, 11, 15 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 9, 10, 11, 19 and 20 respectively of U.S. Patent No. 10415546 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because, claims 1, 4, (5, 6), 8, 11, 15 are obvious variant of claims 1, 9, 10, 11, 19 and 20 respectively.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Parthasarathy et al US 20110313726 A1 discusses monitoring wind turbines.
Erdman et al US 7071579 B2 discusses monitoring wind farms.
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 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 SHARAD TIMILSINA whose telephone number is (571)272-7104. The examiner can normally be reached Monday-Friday 9:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Catherine Rastovski can be reached at 571-270-0349. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHARAD TIMILSINA/Examiner, Art Unit 2857
/Catherine T. Rastovski/Supervisory Primary Examiner, Art Unit 2857
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