DETAILED ACTION
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 .
Election/Restrictions
Applicant’s election without traverse of Claims 1-4 in the reply filed on 09 December 2025 is acknowledged.
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.
Claims 1 and 4 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. In claim 4, it requires “a third steel tower” but a second steel tower had not been claimed. It is unclear how there can be a third tower without a second.
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.
Claim 1 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by US Patent # 9,379,550 to Peck.
Regarding claim 1, Peck teaches in Figures 1A-D and 3A-C, a method (Abstract) for installing (Column 3, Lines 34-35) a wind power generator [wind turbine (Column 3, Line 34)] by utilizing an existing structure (10) [transmission tower (Column 4, Line 23)] which comprises a foundation [base (Column 8, Line 55)] and a steel framework structure [all types of transmission towers (Column 4, Line 32)] fixed on the foundation [base], the method comprising: forming a base [for the wind turbine] by removing at least a part of the framework structure (Column 6, Lines 2-5); and fixing a wind power generator (40) (Column 5, Lines 21-27) to the base [the existing transmission tower].
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 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent # 9,379,550 to Peck in view of US Patent # 10,815,969 to Liu et al in further view of Japanese Patent # 2011-214374 to Nakasuji et al.
Regarding claims 2 and 3, Peck teaches in Figures 1A-D, the framework structure (Column 4, Line 32) is a first steel tower that supports an overhead power line (Column 4, Lines 44-46). Peck does each the method comprises constructing a second steel tower that wraps around the first. However, Liu teaches in Figure 4, constructing a second steel tower (204) [new tower support mount (Column 7, Line 30)] such that the second steel tower (204) wraps around a first steel tower (104) [existing tower support mount (Column 8, Lines 17-19)], wherein the constructing of the second steel tower (204) is performed before forming of the base (202) [foundation pad (Column 9, Line 27)] because it can be seen that the second tower (204) is attached to the existing foundation pad (102) and the new foundation pad (202) is poured around it; removing a part of the first steel tower (Column 11, Line 5) such that the base (202) includes a lower part (114) [lower flange (Column 6, Line 3)] of the first steel tower (Column 11, Line 5); and connecting the lower part (114) of the first steel tower (Column 11, Line 5) included in the base (202) to the second steel tower (204) using a connecting member (216) [fasteners (Column 7, Line 52)]. 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 tower of Peck with the method for refurbishing wind turbine towers of Liu with a reasonable expectation of success because Liu teaches refurbishing existing wind turbine towers by utilizing existing base components that would take time and cost to remove before a new tower could be erected in its place (Column 1, Lines 25-47). Neither Peck nor Liu teach moving the overhead power line from a first steel tower to a second steel tower. However, Nakasuji teaches in Figures 13 and 14, moving an overhead power line (102) from a first steel tower (8a) to a second steel tower (6a) (Page 18), wherein the moving of the overhead power line (102) is performed after constructing of the second steel tower (6a). 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 tower of Peck in view of Liu with the power transmission tower of Nakasuji with a reasonable expectation of success because Nakasuji teaches raising the overhead power line is necessary to avoid trees and buildings (Page 2). None of Peck, Liu or Nakasuji teach forming the base s performed after moving of the overhead power line. However, the Specification states that “forming of the base may be performed after the moving of the overhead power line”. It doesn’t positively recite this limitation, only that it may be. Furthermore, it would have been an obvious matter of design choice to form the base after moving of the overhead power line since the Applicant has not disclosed that such a step solves any stated problem or is of any particular purpose and it appears that forming the base before or after moving the overhead power line would perform equally well.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over US Patent # 9,379,550 to Peck in view of US Patent # 11,725,630 to Lee in further view of US Patent # 10,815,969 to Liu et al.
Regarding claim 4, as best understood, Peck teaches a method for installation of a wind power generator on a framework structure but does not teach the framework structure is a crane tower. However, Lee teaches in Figure 2, a framework structure (100) that is a crane tower (Column 2, Line 17) having an upper part (110) [jib unit (Column 4, Line 36)] to which a crane (140) [tower head (Column 4, Line 34)] is fixed. It would have been obvious to one of ordinary skill in the art to combine the tower of Peck with tower of Lee with a reasonable expectation of success because Lee teaches adding a wind power generation apparatus to an existing crane tower structure allows generation of power required for the industrial site (Column 2, Lines 14-18). Neither Peck nor Lee teach constructing an additional steel tower. However, Liu teaches in Figure 4, constructing an additional tower (13) [lower tower section (Column 5, Line 55)] which is capable of being lifted using a crane which is constructed before forming of the base (202) [foundation pad (Column 9, Line 27)] because it can be seen that the second tower (204) is attached to the existing foundation pad (102) and the new foundation pad (202) is poured around it, and forming of the base (202) includes: removing at least part of the tower (Column 11, Line 5) and its components (Column 1, Lines 32-34). 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 tower of Peck in view of Lee with the method for refurbishing wind turbine towers of Liu with a reasonable expectation of success because Liu teaches refurbishing existing wind turbine towers by utilizing existing base components that would take time and cost to remove before a new tower could be erected in its place (Column 1, Lines 25-47). The method of Peck in view of Lee in further view of Liu would involve removing the existing tower [which was shown in Liu] and thus the existing crane [of Lee] in order to refurbish the tower [as in Liu] to newer, more efficient technology and components [Column 1, Lines 25-32 of Liu].
Conclusion
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/ANDREW J TRIGGS/Primary Examiner, Art Unit 3635