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 .
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 19 - are rejected under 35 U.S.C. 102(a)(1) as being anticipated by EP3483430 (Nordex Energy).
1. Nordex Energy teaches a method of assembling a wind turbine tower section from a plurality of tower segments 14, comprising:
providing the plurality of tower segments to a wind turbine installation site, each tower segment having an upper edge (the upper longitudinal edge of the top segment as shown in fig. 4), a lower edge (the lower longitudinal edge of the top segment as shown in fig. 4), a first side edge (one of the flange edges is a “side” edge when the segment is on its side), a second side edge (the other flange edges is a “side” edge when the segment is on its side), an inner surface, and an outer surface (fig. 2 shows the claimed edges and surfaces, the inner surface being the concave surface);
forming a tower section frame assembly by connecting at least two tower segments with a support beam (a tower section frame assembly is formed by connecting two tower segments 14 with support beam 45 (member 45 is a “beam” as broadly recited because it is an elongated structural member with the primary function of withstanding external loads (the segment loads applied at the beam ends), and in any case Applicant’s beam (as represented with numeral 72) is not a typical beam that generally resists loads applied laterally to its axis, fig. 5), fig. 4-5, wherein the tower section frame assembly forms a framework on which to further assemble the tower section (a third segment 14 is eventually attached to the frame assembly);
arranging the tower section frame assembly on an assembly stand 26, fig. 7;
and attaching the remaining plurality of tower segments to the tower section frame assembly to form the tower section (the third segment 14 is attached as seen in fig. 8).
2. Nordex Energy teaches the method of assembling the wind turbine tower section of claim 1, Nordex Energy further teaching forming the tower section frame assembly further comprises:
arranging a first tower segment (either of the two segments 14 shown in fig. 4 is arranged) in a substantially horizontal orientation;
arranging a second tower segment (the other of the two segments 14 shown in fig. 4 is arranged) in a substantially horizontal orientation and in spaced relation to the first tower segment (the two segments 14 are in spaced relation as broadly recited because of their relative positions (the location of one object defined relative to the location of the other (e.g., above, below, next to, far from, adjacent to, etc.), in this case, segments 14 are next to each other (fig. 3A shows that segments 14 attached via connectors 38/39 are next to or adjacent each other) such that the respective inner surfaces of the first and second tower segments face each other, fig. 4; and
connecting the support beam to the first and second tower segments while the first and second tower segments are in the substantially horizontal orientation (beam 45 is shown connected to the segments while the segments are in horizontal orientation).
19. Nordex Energy teaches the method of assembling the wind turbine tower section of claim 1, Nordex Energy further teaching a method of assembling a wind turbine tower from a plurality of tower sections, comprising assembling a first segmented tower section from a first plurality of tower segments and a second segmented tower section from a second plurality of tower segments, wherein each of the first and second segmented tower sections is assembled according to claim 1 and connecting the first and second segmented tower sections end-to-end, fig. 9.
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.
Claims 5-6 - are rejected under 35 U.S.C. 103 as being unpatentable over Nordex Energy.
5. Nordex Energy teaches the method of assembling the wind turbine tower section of claim 2, Nordex Energy further teaching arranging the tower section frame assembly on the assembly stand further comprises reorienting the tower sections to be in a substantially vertical orientation, fig. 6; and connecting a lower end of the tower section frame assembly to the assembly stand, fig. 7. Nordex does not expressly teach reorienting the tower section frame assembly because Nordex is silent as to whether beam 45 is still attached to the sections as they are reoriented. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to keep beam 45 attached to the sections as they are reoriented for stability, in which case the tower section frame assembly is reoriented.
6. Nordex Energy teaches the method of assembling the wind turbine tower section of claim 5, Nordex Energy further comprising connecting one or more tensioning elements 25 between the tower section frame assembly and the assembly stand, fig. 7.
Claim 3 - is rejected under 35 U.S.C. 103 as being unpatentable over Nordex Energy in view of EP 3730782 (Goldwind Science).
3. Nordex Energy teaches the method of assembling the wind turbine tower section of claim 2, Nordex Energy further teaching arranging the first and second tower segments in the substantially horizontal orientation further comprises:
lifting the first tower segment to orient the first tower segment in the substantially horizontal position (page 3 of translation) and connecting the first tower segment to a support stand arrangement 20 to maintain the first tower segment in the substantially horizontal orientation; and lifting the second tower segment to orient the second tower segment in the substantially horizontal position (page 3 of translation) and connecting the second tower segment to the support stand arrangement 20 to maintain the second tower segment in the substantially horizontal orientation. Nordex does not expressly teach the segments lifted from one of the side edges. Goldwind Science teaches segments 2a, 2b, 2c, lifted from side edges, fig. 16. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to lift the segments from the side edges for stability.
Claim 4 - is rejected under 35 U.S.C. 103 as being unpatentable over Nordex Energy in view of Goldwind Science and in further view of Vorhies (8,011,098).
4. Nordex Energy in view of Goldwind Science does not comprise connecting one or more roller elements to the other of the side edges of the first and/or second tower sections prior to lifting. Vorhies comprises connecting roller elements 60 to another side edge of a tower section 14 prior to lifting, fig. 5A. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to connect roller elements to the other of the side edges of the first and/or second tower segments prior to lifting, with the other end connected to the crane, for the ease and stability of only making one section end crane connection.
Claim 7 - is rejected under 35 U.S.C. 103 as being unpatentable over Nordex Energy in view of Vorhies.
7. Nordex does not expressly teach lifting an upper end of the tower section frame assembly and allowing the lower end of the tower section frame assembly to translate as the upper end of the tower section frame assembly is being lifted. Vorhies teaches lifting an upper end of a tower section 16 and allowing the lower end to translate as the upper end is being lifted, fig. 5A. I t would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to lift an upper end of the tower section frame assembly and allow the lower end of the tower section frame assembly to translate as the upper end of the tower section frame assembly is being lifted for safety and efficiency.
Claims 1-2, 5, and 8-9 - are rejected under 35 U.S.C. 103 as being unpatentable over Nordex Energy (second treatment) in view of Vorhies.
1-2, 5, and 8-9. Nordex Energy teaches a method of assembling a wind turbine tower section from a plurality of tower segments 14, comprising:
providing the plurality of tower segments to a wind turbine installation site, each tower segment having an upper edge (one of the two flanged edges, fig. 4), a lower edge (the other flanged edge), a first side edge (one of the longitudinal edges, fig. 4), a second side edge (the other longitudinal edge), an inner surface, and an outer surface (fig. 2 shows the claimed edges and surfaces, the inner surface being the concave surface);
forming a tower section frame assembly by connecting at least two tower segments with a support beam (a tower section frame assembly is formed by connecting two tower segments 14 with support beam 45 (member 45 is a “beam” as broadly recited because it is an elongated structural member with the primary function of withstanding external loads (the segment loads applied at the beam ends), and in any case Applicant’s beam (as represented with numeral 72) is not a typical beam that generally resists loads applied laterally to its axis, fig. 5), fig. 4-5, wherein the tower section frame assembly forms a framework on which to further assemble the tower section (a third segment 14 is eventually attached to the frame assembly);
arranging the tower section frame assembly on an assembly stand 26, fig. 7;
attaching the remaining plurality of tower segments to the tower section frame assembly to form the tower section (the third segment 14 is attached as seen in fig. 8),
arranging a first tower segment (either of the two segments 14 shown in fig. 4 is arranged) in a substantially horizontal orientation;
arranging a second tower segment (the other of the two segments 14 shown in fig. 4 is arranged) in a substantially horizontal orientation and in spaced relation to the first tower segment (the two segments 14 are in spaced relation as broadly recited because of their relative positions (the location of one object defined relative to the location of the other (e.g., above, below, next to, far from, adjacent to, etc.), in this case, segments 14 are next to each other (fig. 3A shows that segments 14 attached via connectors 38/39 are next to or adjacent each other) such that the respective inner surfaces of the first and second tower segments face each other, fig. 4;
connecting the support beam to the first and second tower segments while the first and second tower segments are in the substantially horizontal orientation (beam 45 is shown connected to the segments while the segments are in horizontal orientation), and
arranging the tower section frame assembly on the assembly stand further comprises reorienting the tower sections to be in a substantially vertical orientation, fig. 6; and connecting a lower end of the tower section frame assembly to the assembly stand, fig. 7,
attaching the remaining segments to the assembly stand further comprises lifting each of the remaining plurality of tower segments to orient each of the remaining plurality of tower segments in a substantially vertical orientation and connecting each of the remaining plurality of tower segments to an adjacent tower segment that forms or is connected to the tower section frame assembly, fig. 6.
Nordex does not expressly teach reorienting the tower section frame assembly because Nordex is silent as to whether beam 45 is still attached to the sections as they are reoriented. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to keep beam 45 attached to the sections as they are reoriented for stability, in which case the tower section frame assembly is reoriented. Nordex does not teach attaching the remaining segments to the assembly stand further comprises lifting each of the remaining plurality of tower segments from an upper edge to orient the remaining segments vertically and connecting one or more roller elements to a lower end of each of the remaining plurality of tower segments prior to lifting. Vorhies, fig. 5A, teaches lifting tower segments 16 from an upper edge to orient the remaining segments vertically, and connecting one or more roller elements 60 to a lower end of the tower segments prior to lifting. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to lift each of the remaining plurality of tower segments from an upper edge to orient the remaining segments vertically, and connect roller elements to a lower end of each of the remaining plurality of tower segments prior to lifting for the ease and stability of only making one section end crane connection.
Allowable Subject Matter
Claims 10-18 and 20 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.
Claim 10 is allowed because Nordex Energy does not teach splice plates, as Nordex teaches parallel first and second longitudinal profiles 16 that extend into the tower segment; Haridasu (8,316,615), fig. 4, teaches splice plates 310, but it would not be obvious to use the Nordex beam in Haridasu because Nordex is a complete assembly system comprising the “beam” and other elements, fig. 4, that act in unison.
Claim 20 is allowed because Nordex Energy does not teach connecting one or more tubular tower sections to the first or second segmented tower section, as Nordex Energy does teaches connecting further segmented tower sections.
Conclusion
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/DANIEL J KENNY/ Examiner, Art Unit 3633