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 Objections
Claim 22 is objected to because “edge” should be –side edge--.
Claim 23 is objected to because, at line 8, “arranging” should be --arrange--.
Appropriate correction is required.
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.
Claim 1 and 21-24 - are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Garcia (EP2886751).
19. Garcia teaches a method of assembling a wind turbine tower section from a plurality of tower segments, comprising:
providing the plurality of tower segments to a wind turbine installation site, each tower segment having an upper (top) edge, a lower (bottom) edge, a first side (longitudinal) edge, a second side (longitudinal) edge, an inner (concave) surface, and an outer (convex) surface (segments 11 and 14 are provided to the site, fig. 10);
forming a tower section frame assembly by connecting at least two tower segments with a support beam (the two segments 14 and two provisional attachment means 19 form a tower section frame assembly, “step of placing and positioning of at least one subset of a tower section formed by at least two segments in an area near the base of the tower where in this preferred embodiment all the segments that form the tower section are placed and positioned one by one onto the pre-assembly bases”, col. 6, lines 1-5),
wherein the tower section frame assembly forms a framework on which to further assemble the tower section (if there are only two segments (see above), then one or two more segments can be added);
arranging the tower section frame assembly on an assembly stand 12 in a substantially vertical orientation such that the first and second side edges of the at least two tower segments extend in the substantially vertical orientation and the upper and lower edges of the at least two tower segments extend in a substantially horizontal orientation; and
attaching the remaining plurality of tower segments to the tower section frame assembly to form the tower section (all four segments are shown assembled in fig. 10).
Examiner remarks that the claim steps are not recited as being performed in any particular order. Therefore, the forming the tower section could be performed after the arranging the tower section on an assembly stand. The claims merely list steps without reciting what order they are performed in.
21. Garcia teaches the method of assembling the wind turbine tower section of claim 1, Garcia further teaching the segments lack a radially inwardly directed flange at the upper and lower edges (see the figures).
22. Garcia teaches the method of assembling the wind turbine tower section of claim 1, Garcia further teaching the first and second side edges of each of the at least two tower segments forms a gap between a confronting edge of an adjacent one of the at least two tower segments (fig. 10 shows a space between all the segments.
23. Garcia teaches a method of assembling a wind turbine tower section from a plurality of tower segments, comprising:
providing the plurality of tower segments to a wind turbine installation site, each tower segment having an upper (top) edge, a lower (bottom) edge, a first side (longitudinal) edge, a second side (longitudinal) edge, an inner (concave) surface, and an outer (convex) surface (segments 11 and 14 are provided to the site, fig. 10);
forming a tower section frame assembly by connecting at least two tower segments with a support beam (the two segments 14 and two provisional attachment means 19 form a tower section frame assembly, “step of placing and positioning of at least one subset of a tower section formed by at least two segments in an area near the base of the tower where in this preferred embodiment all the segments that form the tower section are placed and positioned one by one onto the pre-assembly bases”, col. 6, lines 1-5),
wherein the tower section frame assembly forms a framework on which to further assemble the tower section; (if there are only two segments (see above), then one or two more segments can be added);
hoisting the tower section frame assembly by the support beam to arranging the tower section frame assembly on an assembly stand (Garcia lifts a section by the beam and places it on a lower tower section, which is on a base. Therefore, they are both on the base); and
attaching the remaining plurality of tower segments to the tower section frame assembly to form the tower section (all four segments are shown assembled in fig. 10).
Examiner remarks that the claim steps are not recited as being performed in any particular order. Therefore, the forming the tower section could be performed after the arranging the tower section on an assembly stand.
24. Garcia teaches the method of assembling the wind turbine tower section of claim 23, Garcia further teaching the first and second side edges of each of the at least two tower segments of the tower section frame assembly are disconnected from an adjacent one of the at least two tower segments (the edges are disconnected because there are gaps between adjacent edges (edge defined as the exposed edge face, fig. 10).
Claim 19 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Derksen (EP3379078).
19. Derkson teaches 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 (any of the two segmented tower sections 101, fig. 4),
connecting the first and second segmented tower sections end-to-end, fig. 4; and
connecting one or more tubular tower sections 102 to the first or second segmented tower section (“the steel tower 1 is subdivided in the exemplary embodiment in the vertical direction into a plurality of different tower sections 101, 102. In the lower, ground-facing portion, the tower sections 101 are composed of individual section segments 103. The upper, smaller-diameter section, on the other hand, has closed steel tube tower sections 102”).
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Allowable Subject Matter
Claims 2-18 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 because Garcia does not teach arranging in a horizontal direction or connecting splice plates.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL J KENNY whose telephone number is (571)272-9951. The examiner can normally be reached Monday-Friday 8am-5pm.
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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.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Glessner can be reached at (571)272-6754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL J KENNY/Examiner, Art Unit 3633
/BRIAN E GLESSNER/Supervisory Patent Examiner, Art Unit 3633
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