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 § 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 1-19 and all claims depending therefrom 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.
Claims 1,2 recites “the surface perpendiculars”, there is lack of antecedent basis for this limitation, additionally it is unclear what is meant or encompassed by the phrase causing confusion regarding the scope of the claimed invention.
Claim 3 recites “each have three component portions” it is unclear if these are the same as or in addition to the at least one lower component, the at least one upper component the conical component portion and at least one further component portion, or any combination thereof previously recited in claim 1 causing confusion regarding the scope of the claimed invention.
Claim 3 recites “the two below” which lack antecedent basis, it is unclear to what this is referring, causing confusion regarding the scope of the claimed invention.
Claim 5 recites “each have two further component portions” it is unclear if this is the same as or in addition to the “each have at least one further component portion” previously recited in claim 1, causing confusion regarding the scope of the claimed invention.
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)(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(s) 1-10,15-18 is/are rejected under 35 U.S.C. 102a1 as being anticipated by EP3561201.
Claim 1. EP3561201 discloses a tower-like structure for a wind turbine, the tower-like structure comprising;
at least one lower component (3), and one upper component (5) which is partly placed over the lower component to form a slip joint (as seen in figures 5b-6 and as noted in the disclosure), wherein the upper and the lower component each have a conical component portion (at 13,14 as seen in figure 5b),
wherein the upper and the lower components each have at least one further component portion (the portions above and below 13,14 as seen in at least figure 5b-6) which co-forms the slip joint (where they are part of the structure that cooperates to form the slip-joint) and which, when viewed transversely to a central longitudinal axis of the structure, is arranged above and/or below the conical component portion (as seen in figures 5b-6), and the surface perpendiculars of which intersect the longitudinal axis at a greater angle (α) than the surface perpendiculars the conical component portion (as seen in figures 5b-6).
Claim 2. The structure as claimed in claim 1, wherein the surface perpendiculars of the further component portions of the upper and lower components intersect the longitudinal axis at a same angle (α) (as seen in figures 5b-6).
Claim 3. The structure as claimed in claim 1,wherein the lower and upper components each have three component portions (as noted in the claim above) forming the slip joint, and a respective one of the two further component portions is formed above the conical component portion and the respective other of the two below the conical component portion (as noted above and as seen in figures 5b-6).
Claim 4. The structure as claimed in claim 1, wherein the at least one further component portion of the lower and/or upper component is hollow cylindrical (as noted in the figures and throughout the disclosure).
Claim 5. The structure as claimed in claim 4, wherein the lower and upper components each have two further component portions (as noted in claim 1 above the portions above and below 13/14, as seen in figures 5b-6), wherein the further component portions are hollow cylindrical (as noted in the figures and throughout the disclosure).
Claim 6. The structure as claimed in claim 1, wherein a connecting device (15 and/or 16 and/or 17 and/or 18), comprising a plurality of plate-like and/or layer like connecting elements (where 15 and 16 are plate-like elements) is arranged between the lower and upper components to load between the upper and lower components (as seen in figures 5b-6 and noted throughout the disclosure).
Claim 7. The structure as claimed in claim 6, wherein the connecting elements which are arranged between connecting portions of the lower and upper components which are situated above one another with respect to the longitudinal axis (where 15/16 are above 17/18) have surface normals which are angled relative to one another (where the surface normal angles of 15 or 16 are angled relative to the surface normal of 17 or 18as seen in at least figures 5b-6).
Claim 8. The structure as claimed in claim 6, wherein of connecting elements which are arranged next to one another in the circumferential direction about the longitudinal axis, one has a greater thickness than the neighboring connecting elements (as seen in at least the cross section of figures 5b-6 where 16/17 have a greater thickness than 15/18)
Claim 9. The structure as claimed in claim 6, wherein at least some of the connecting elements are at least partially elastically deformable (paragraph 0030).
Claim 10. The structure as claimed in claim 6, wherein at least some of the connecting elements are at least partially compressible, wherein the compressibility of the respective connecting element is formed in particular by a structuring of the surface and/or by the material of at least one layer of the in particular multilayer connecting element (as noted at least at paragraph 0030).
Claim 15. EP3561201 discloses a wind turbine comprising the structure as claimed in claim 1 (as noted throughout the disclosure).
Claim 16. The structure as claimed in claim 1, wherein the at least one lower component is a monopile, and the upper component is a transition piece (as noted throughout the disclosure).
Claim 17. he structure as claimed in claim 6, wherein the plurality of connecting elements are elastic and/or compressible (as noted at paragraph 0030).
Claim 18. The structure as claimed in claim 10, wherein the compressibility of the respective connecting element is formed by a structuring of the surface and/or by the material of at least one layer of the connecting element (as noted at paragraph 0030).
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.
Claim(s) 11,12,13 is/are rejected under 35 U.S.C. 103 as being unpatentable over EP3561201.
Claims 11,12. EP3561201 discloses a method for manufacturing a tower-like structure as claimed claim 1, but does not expressly disclose wherein at least some of the connecting elements are molded and/or cast onto the lower and/or the upper component (claim 11) or wherein at least some of the connecting elements are prefabricated and then attached to the lower and/or upper component (claim 12), however the connecting elements are secured to the lower and/or the upper component. Applicant has not disclosed that molding or casting or prefabrication then attaching solves any stated problem or is for any particular purpose. Moreover, it appears that the connecting elements of EP3561201, or applicant’s invention, would perform equally well with the connecting elements securely attached/formed by various methods.
Accordingly, it would have been prima facie obvious to one of ordinary skill in the art at the time the invention was made to have modified EP3561201 such that the connecting elements are molded and/or cast, as in claim 11, or prefabricated and then attached, as in claim 12, to the lower and/or the upper component because such a modification would have been considered a mere design consideration which fails to patentably distinguish over EP3561201.
Claim 13. The method as claimed in claim 12, wherein the upper and/or the lower component is measured after production and any deviation dimension resulting from deviation from a nominal shape is compensated by different thickness and/or superficial extent of the connecting elements (as seen in figures 5b-6 where the connecting elements have different thicknesses for compensating deviation from a nominal shape).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over EP3561201 in view of Abernathy et al (20200123764).
Claim 14. EP3561201 discloses the method as claimed in claim 13 as above, but does not expressly disclose wherein the deviation dimension is compensated by after-machining of at least one of the connecting elements. However it is well known in the art to use after-machining to adjust a dimension of elements to be connected together. For example Abernathy discloses that it is known to machine material away to form a desired shape (as noted at least at paragraph 0030).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to pursue known design options and modify the method of EP3561201 where the deviation dimension is compensated by after-machining of at least one of the connecting element to achieve the predictable result of precise and water-tight connection.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over EP3561201 in view of Schultes (20160002874).
Claim 19. EP3561201 discloses the method for manufacturing a tower-like structure as claimed claim 12, but does not expressly disclose wherein at least one magnet holder is used for fixing the connecting elements. It is known to use magnet holders for positioning pile and transition pieces in desired positions together. For example Schultes discloses using a magnet holder to fix wedges to a desired height/position (paragraph 0051).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to pursue known design options and modify the method of EP3561201 to have at least one magnet holder for fixing the connecting elements to achieve the predictable result of fixing the connecting elements while allowing for adjustability to achieve a precise location and positioning of the connecting elements.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA LAUX whose telephone number is (571)272-8228. The examiner can normally be reached M-F 7:30-3:30.
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JESSICA L. LAUX
Examiner
Art Unit 3635
/JESSICA L LAUX/Primary Examiner, Art Unit 3635
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