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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on November 28, 2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 9 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.
Claim 9 recites the limitation "the wind turbine blade handling tool (1) is a lifting yoke, a turning yoke, a clamp, a sling, a wind turbine blade fixture and/or a wind turbine blade storage support element” on lines 2-4. However, applicant has not written in the Markush claim format to properly limit the metes and bounds of the limitation— see MPEP 2173.05(h).
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-2 and 6-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE102018004152A1.
As to claim 1, DE102018004152A1 discloses a wind turbine blade handling tool (18) comprising at least one supporting segment (20-23) for supporting a surface portion of an outer surface of the blade (17) during handling of the wind turbine blade, wherein the supporting segment (22,23) comprises at least one deformable protection pad (24,25) (the spacer mat has a slight degree of compressibility – see last paragraph on page 2 of DE102018004152A1- Machine English Translation), which is deformable in such manner that at least one blade add-on element (vortex generator 26) protruding from the supported surface portion (17) is completely accommodated in the deformed protection pad (see Figures 4-5).
With claim 2, the protection pad comprises a material, which is elastically deformable and/or permanently deformable (elastomer or silicon – see first paragraph on page 3 of DE102018004152A1- Machine English Translation) by the add-on element of the supported surface portion.
With claim 6, it is best interpreted that the supporting segment is covered by the protection pad.
With claim 7, the protection pad is releasably attached on the supporting segment (see Figure 2).
With claim 8, the protection pad is deformable in such manner that at least one vane of a vortex generator (26) (interpreted to be one of the pluralities) is completely accommodated in the deformed protection pad (see Figure 5).
With claim 9, the wind turbine blade handling tool is a lifting yoke.
As to claim 10, the method for handling a wind turbine blade can be accomplished with the structural elements of the lifting tool as discussed in claim 1 above.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over DE102018004152A1.
DE102018004152A1 discloses the claimed invention except for the protection pad to have a thickness to be between 10mm and 150mm. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to specify the protection pad to have a thickness between 10mm and 150mm, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Allowable Subject Matter
Claims 3-4 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Girschig, Riddell, Bech’324, Bech’487, and Hoffmann are cited as being relevant art, because each prior art discloses a wind turbine blade handling tool comprising pad.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN VU whose telephone number is (571)272-1961. The examiner can normally be reached Monday-Friday, 7:00 am - 3:30 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Victoria Augustine can be reached at (313) 446-4858. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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STEPHEN VU
Primary Examiner
Art Unit 3654
/STEPHEN A VU/Primary Examiner, Art Unit 3654
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