DETAILED ACTION
Notice of Pre-AIA or AIA Status
This action is in response to the claims set filed 04/19/2026 following the Final Rejection of 12/18/2025. Claims 10 and 17 were amended. Claims 1, 3-6, 10-11 and 13-22 are currently pending with claim 16 withdrawn from consideration.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant’s arguments, see Remarks, filed 04/19/2026, with respect to the claim objections have been fully considered and are persuasive. The objections of 12/18/2025 have been withdrawn.
Applicant’s arguments, see Remarks, filed 04/19/2026, with respect to the rejection(s) of claim(s) under 35 USC § 102 and 103 have been fully considered and are persuasive. Therefore, these rejections 12/18/2025 as previously presented have been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of further consideration of the prior art.
Applicant's point on page 18 of Remarks that ‘Wu fails to explicitly disclose of an electrical insulation layer interposed between the metallic lightning protraction layer and the heating layer as required by the claim’ was found persuasive by the Examiner.
While Wu fails to explicitly state that the layer(s) interposed between the metallic lightning protection layer and the heating layer is an electrical insulation layer, Wu states that “by connecting the shielding layer to the lightning protection system of the blade, the problem of failure of the electric heating film due to being struck by lightning can be avoided” in pr. 58. This establishes that the shielding layer which handles lightning current is provided to protect the heating film from lightning. Further, Wu does not mention that a conductive filler/additive is include with their resin; this being the way that a conductive resin is generally produced, such as the one cited by Applicant in the last response. As previously stated in the interview of 3/27/2026, providing an insulating layer between an electric heating layer and a lightning protection layer is well known in the art. References CN206957882U, US 2013/0028738, US 2022/0243703, CN210068398U, CN105673361A, CN207064138U, CN109707561A present this aspect.
Applicant's point on page 18 of Remarks that “with respect to product-by process claiming as noted above, Wu includes no description of the type of resin used. Further, Wu includes no details regarding the degree of infusion of the resin, the thickness of the final product, the proportion of resin-to-cloth, etc. Thus it is impossible to determine if Wu’s resin-infused would have the same or different structural properties as the presently claimed prefabricated polymer film layer” was not found persuasive by the Examiner.
Wu states “then, the resin is infused using a vacuum infusion method, and the blade mold is heated to solidify the resin and demould” in pr. 49. This method disclosed by the prior is understood to have been performed properly, where a potential incomplete infusion process would be more along the lines of a manufacturing error. Proper infusion would mean that the resin is fully infused through the product and the layers.
Applicant's point on page 21 of Remarks that “Wu does not teach, or even suggest, an electrically insulating layer, rather, Wu teaches a method of making a wind turbine blade, including infusing resin through a fiber cloth, thus forming part of the shell of the wind turbine blade. Since Wu is entirely silent with regard to electrical insulation, Le clearly cannot be used solely for the purpose of providing evidence that electrical insulators made from polymer films are known, since such is not applicable to Wu” was not found persuasive by Examiner.
Wu’s silence toward the layers 4 and related infused resin not explicitly being electrically insulative does not invalidate the teachings and motivations from another reference, such as Le, from having benefit toward the invention of Wu. Further, Wu states that “by connecting the shielding layer to the lightning protection system of the blade, the problem of failure of the electric heating film due to being struck by lightning can be avoided” in pr. 58. This establishes that there is a desire in the disclosure of Wu to separate/protect the heating film 5 from lightning.
Applicant's point on pages 21-22 of Remarks that “The Examiner’s proposed combination necessarily requires both prior art references to be considered as a whole, as a such, the Examiner’s proposed combination requires the resin-infused cloth of Wu to be replaced with the electrically insulating film of Le. It is clear that the resin-infused cloth forming the shell of a wind turbine blade of Wu cannot be replaced with a 0.076-0.254 mm thick polymer film (paragraph [0022] of Le) with an expectation of success” was not found persuasive by Examiner.
It is not clear why Applicant's alleges that the proposed combination of Wu in view of Le would necessitate the replacement of the resin-infused cloth of Wu with the electrically insulating film of Le. The combination of Wu in view of Le is including/adding the electrically insulating film of Le between the heating layer and the shielding layer; not replacing/swapping elements. Since the combination of is not replacing the resin-infused cloth of Wu with the electrically insulating film of Le, Applicant's point about no reasonable expectation of success is not relevant to the combination. This modification would have the benefit of further protecting the heating layer from possible lightning damage.
Applicant's point on page 22 of Remarks regarding claims rejected under 35 USC § 103 over Wu in view of Wansink (US 2012/0034094) was found persuasive by Examiner.
The aspect that Wansink’s leading edge protector is provided in a recess of the leading edge might cause issues for the combination.
Drawings
The drawings were received on 04/19/2026. These drawings are acceptable.
Claim Interpretation
The limitation “wherein the electrical insulation layer is a prefabricated component” in claim 1 renders the claim a product-by-process claim. “[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). See MPEP 2113 “Product-by-Process Claims” for more details.
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.
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(s) 1, 3-6, 15, 18 and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN110815860A (refer to the translation provided with the Office Action of 05/28/2025), herein referenced as Wu, and further in view of US 2022/0243703, herein referenced as Spandley.
Examiner Note: for readability, the rejection of claims are presented below in order of dependency.
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Figure 6 of Wu for reference
Regarding Claim 1, Wu discloses a wind turbine blade (see fig. 7) comprising:
an aerodynamic shell body (see figs. 1-6) with a suction side shell part (see suction side shell in fig. 1) and a pressure side shell part (see pressure side shell in fig. 1) that extends in a longitudinal direction (L) between a root and a tip (see root and tip of blade in fig. 1) and in a transverse direction between a leading edge and a trailing edge (see leading edge and trailing edge of blade in fig. 1);and
an electro-thermal system (see system represented by fig. 6) for mitigating ice formation on the wind turbine blade, the electro-thermal system comprising:
a heating layer (electric heating film 5 fig. 6) comprising electrically conductive fibres arranged to extend in a longitudinal section (“the electric heating film 5 may include carbon fiber material, which may be formed by interweaving carbon fiber and glass fiber” pr. 45; the heating layer would extend in a longitudinal direction as shown in fig. 5) of the aerodynamic shell body (shown in fig. 5);
a power cable (see power line 7 fig. 8) configured for supplying power to the heating layer (5 fig. 8) and configured for being connected to a power source (“the power line 7 of the electric heating film 5 is guided into the inside of the blade and connected to a heating control cabinet (not shown)” pr. 50, the heating control cabinet being the power source), wherein the electrically conductive fibres of the heating layer are configured for, upon receiving electrical power from the power cable, supplying resistive heating to an exterior side of the wind turbine blade so as to mitigate ice formation on the wind turbine blade (when power supply is provided to the film 5 via the power line 7, the film 5 heats up for de-icing purposes);
a metallic lightning protection layer (shielding layer 3 fig. 6) arranged exterior to, and overlapping, the heating layer (shielding layer 3 is shown to be exterior to and overlapping of the heating film 5 in fig. 6 and fig. 8), the metallic lightning protection layer being configured for receiving a lightning strike;
a down conductor (“main lightning conductor of the blade” pr. 12) having a first end arranged at the root of the wind turbine blade configured for being earthed (a person of ordinary skill in the art would understand that there would be a root end of the main lightning conductor so as to connect with ground through the wind turbine assembly), the down conductor being electrically connected to the metallic lightning protection layer (3 fig. 6; “the lightning receptor and the main lightning conductor of the blade are connected by a lightning conductor” pr. 12 and “shielding layer 3 is connected to the lightning protection system through the lightning rod 16” pr. 43, the shielding layer 3 is connected to the main lightning conductor via lightning rod 16) so as to conduct a lightning strike current from the metallic lightning protection layer to the first end of the down conductor (this connection of shielding layer 3 to the main lightning conductor via lightning receptor 16 would allow for lightning current to be directed to a root end of the main lightning conductor); and
[an interposed layer] (see second fiber cloth layers 4 fig. 6 which would be infused with resin in the final product as stated in pr. 49; “second fiber cloth 4 serves as the outer skin of the blade and may be laid in multiple layers. In this exemplary embodiment, two layers are laid. The second fiber cloth 4 may be a triaxial glass fiber cloth” pr. 44, glass fiber cloth being an electrical insulator) interposed between the metallic lightning protection layer (3 fig. 6) and the heating layer (5 fig. 6), the electrical insulation layer being configured for preventing a lightning strike flashing to the heating layer (the structure of the interposed layer provides a physical barrier and spacing between the heating film 5 and the shielding layer 3 in fig. 6; the structure including the second fiber cloth layers 4 and the resin infused therein in fig. 6, the cloth layers 4 are stated in pr. 44 as being formed of glass fiber which is a known electrical insulator), wherein the electrical insulation layer is embedded in, and is co-infused with, the aerodynamic shell body (cloth layers 4 are shown to be part of the mould in fig. 6, this would mean that they are embedded in and co-infused with the aerodynamic shell body), and wherein the [interposed layer] (see second fiber cloth layers 4 fig. 6 which would be infused with resin in the final product as stated in pr. 49) is a prefabricated component (this limitation makes the claim a product-by-process claim; the apparatus/structure claimed is identical to the disclosure of Wu as detailed and is therefore anticipated by Wu because patentability of a product claim does not depend upon its method of production. This limitation does not establish a structure distinction of the final product from Wu. See MPEP 2113 “Product-by-Process Claims” for more details) comprising a polymer film (see space between the two second fiber cloth layers 4 in fig. 6 where a resin film would be therebetween following the infusion of resin in the vacuum infusion method disclosed in pr. 49; resin being a polymer),
wherein the electrically conductive fibres of the heating layer (5 fig. 6) and the metallic lightning protection layer (3 fig. 6) are embedded (“a blade pre-embedded with an electric heating film and can effectively prevent the electric heating film from being punctured by lightning” pr. 8) in, and are co-infused with, the aerodynamic shell body (with reference to fig. 6, “Next, the material for blade molding is laid on the second fiber cloth 4” pr. 48, “Then, the resin is infused using a vacuum infusion method, and the blade mold is heated to solidify the resin and demould.” Pr. 49). Wu further discloses that “by connecting the shielding layer to the lightning protection system of the blade, the problem of failure of the electric heating film due to being struck by lightning can be avoided” in pr. 58.
However, Wu fails to explicitly teach that the interposed layer is an electrical insulation layer.
Wu and Spandley are analogous art since they both relate to the field of endeavor of wind turbine blades.
Spandley teaches an electrical insulation layer (insulating layer 22 fig. 4; “insulating layer 22 may comprise one or more plies of glass-fibre composite material (for example glass fibre impregnated with a resin)” pr. 56; “the very high electrical resistance of the insulating layer 22” pr. 64) interposed between the metallic lightning protection layer (surface protection layer 21 fig. 4) and the heating layer (electro-thermal heating element 10 fig. 4), the electrical insulation layer being configured for preventing a lightning strike flashing to the heating layer (“The purpose of the insulating layer 22 is to electrically isolate the heating element 10 from the surface protection layer 21” pr. 56), and wherein the electrical insulation layer is a prefabricated component (this limitation makes the claim a product-by-process claim; the apparatus/structure claimed is disclosed by Spandley as detailed and is therefore anticipated by Wu because patentability of a product claim does not depend upon its method of production. This limitation does not establish a structure distinction of the final product from Wu. See MPEP 2113 “Product-by-Process Claims” for more details) comprising a polymer film layer (insulating layer 22 may comprise one or more plies of glass-fibre composite material (for example glass fibre impregnated with a resin)” pr. 56, the impregnating resin for the one or more plies of glass-fibre would define a polymer film for the insulating layer 22 fig. 4). The insulating layer 22 of Spandley is analogous to the interposed layer of Wu as they are both comprised of one or more glass fiber layers/plies infused/impregnated with a resin.
Therefore, it would have been obvious before the effective filing date of invention to one of ordinary skill in the art to have modified the interposed layer of Wu (including the two second fiber cloth layers 4 in fig. 6 and associated resin infused therein as stated in pr. 49) to be an electrically insulating layer with a very high electrical resistance, as disclosed by Spandley, to obtain the benefit of isolating the heating element/mat from the lightning surface protection layer’ as taught by Spandley. This would further ensure the proper operation of the lightning protection system and the heating system for the wind turbine blade as well as ensuring that the heating arrangement is electrically isolated/insulated from lightning current that the lightning protection layer handles.
NOTE: The limitation “wherein the electrical insulation layer is a prefabricated component” in claim 1 renders the claim a product-by-process claim. The apparatus/structure claimed is identical to the disclosure of Wu as detailed above and is therefore anticipated by Wu because patentability of a product claim does not depend upon its method of production. See MPEP 2113 “Product-by-Process Claims” for more details.
Regarding Claim 3, the combination of Wu and Spandley comprises the wind turbine blade according to claim 1 wherein the electrical insulation layer comprises a laminate structure (see second fiber cloth layers 4 in fig. 6 of Wu which are infused with resin in the final product, as modified by the teachings of ) including the polymer film (see space between the two second fiber cloth layers 4 in fig. 6 of Wu, as modified by Spandley, which would possess a resin film between them following the infusion of resin following the vacuum infusion method disclosed in pr. 49 of Wu; resin being a polymer) and at least one fiber layer (see two second fiber cloth layers 4 in fig. 6 of Wu; “second fiber cloth 4 may be a triaxial glass fiber cloth” pr. 44 of Wu).
Regarding Claim 21, the combination of Wu and Spandley comprises the wind turbine blade according to claim 3, wherein the laminate structure includes the polymer film layer sandwiched between two glass fibre layers (see two second glass fiber cloth layers 4 in fig. 6 of Wu, as modified by the teachings of Spandley, with a space therebetween which possesses a resin film, following the vacuum infusion method of pr. 49 of Wu, sandwiched by the second cloth layers 4, this resin film being analogous to the polymer film layer in the combination of Wu and Spandley).
Regarding Claim 4, the combination of Wu and Spandley comprises the wind turbine blade according to claim 1,
wherein the heating layer (see heating film 5 in figs. 6 Wu) comprises a root side edge, a tip side edge, a longitudinal suction side edge, and a longitudinal pressure side edge (see root side edge, tip side edge, pressure side edge and suction side edge of heating film 5 in fig. 5 of Wu), and
wherein the metallic lightning protection layer (see shielding layer 3 in figs. 3 and 6 of ref ) comprises a root side edge, a tip side edge, a longitudinal suction side edge, and longitudinal pressure side edge (see root side edge, tip side edge, pressure side edge and suction side edge of shielding layer 3 in fig. 3 of Wu), and
wherein the tip side edge of the metallic lightning protection layer is positioned beyond the tip side edge of the heating layer towards the tip of the wind turbine blade (“the shielding layer 3 completely covers the electric heating film 5 and extends beyond the surrounding of the electric heating film 5, for example, at least 100 mm.” pr. 53 of Wu, since the shielding layer 3 completely covers and extends beyond the surrounding of the electric heating film 5, its tip side edge would be positioned beyond the tip side edge of the heating film).
Regarding Claim 5, the combination of Wu and Spandley comprises the wind turbine blade according to claim 1,
wherein the electrical insulation layer (see second fiber cloth layers 4 which are infused with resin in figs. 4 and 6 of Wu, as modified by Spandley) comprises a root side edge, a tip side edge, a longitudinal suction side edge, and a longitudinal pressure side edge (see root side edge, tip side edge, pressure side edge and suction side edge of second fiber cloth layers 4 in fig. 4 of Wu, as modified by Spandley), and
wherein longitudinal suction and pressure side edges of the electrical insulation layer extend beyond both a longitudinal suction side edge and a longitudinal pressure side edge of the heating layer (5 fig. 5 of Wu; the suction side edge and the pressure side edge of the second fiber cloth layers 4 in fig. 4 of Wu, as modified by the Spandley above, is shown to extend further towards the trailing edge than those same side edges of the heating film 5 in fig. 4 of Wu).
Regarding Claim 6, the combination of Wu and Spandley comprises the wind turbine blade according to claim 5 wherein the longitudinal suction side edge of the electrical insulation layer (see longitudinal suction side edge of second fiber cloth layers 4 at the trailing edge of the SS mould of the blade in fig. 4 of Wu, as modified by Spandley) extends beyond a line or plane (P1) intersecting the longitudinal suction side edge of the heating layer and the longitudinal suction side edge of the metallic lightning protection layer (see longitudinal suction side edges of the shielding layer 3 in fig. 3 of Wu and the heating film 5 in fig. 5 of Wu; longitudinal suction side edge of second fiber cloth layers 4 is shown to extend beyond a plane or line which would extend between the suction side edges of shielding layer 3 and film 5 in figs. 3-5 of Wu, as modified by Spandley, since 4 extend further towards the trailing edge than layer 3 and film 5), and
wherein the longitudinal pressure side edge of the electrical insulation layer (see longitudinal pressure side edge of second fiber cloth layers 4 at the trailing edge of the PS mould of the blade in fig. 4 of Wu, as modified by Spandley above) extends beyond a line or plane (P2) intersecting the longitudinal pressure side edge of the heating layer and a longitudinal pressure side edge of the metallic lightning protection layer (see longitudinal pressure side edges of the shielding layer 3 in fig. 3 and the heating film 5 in fig. 5 of Wu; longitudinal pressure side edge of second fiber cloth layers 4 is shown to extend beyond a plane or line which would extend between the pressure side edges of the shielding layer 3 and the film 5 in figs. 3-5 of Wu, as modified by Spandley, since 4 extend further towards the trailing edge than layer 3 and film 5).
Regarding Claim 18, Wu discloses the wind turbine blade according to claim 5, wherein the longitudinal suction and pressure side edges of the electrical insulation layer extend toward the trailing edge (longitudinal suction side edge and longitudinal pressure side edge of second fiber cloth layers 4 are shown to extend toward the trailing edge from the leading edge in figs. 3-5 of Wu, as modified by Spandley above).
Regarding Claim 15, Wu discloses the wind turbine blade according to claim 1, wherein the electro-thermal system comprises a number of temperature sensors (see temperature sensor 6 in fig. 6 of Wu; “a temperature sensor 6 can be placed on each section of the electric heating film 5. As an example, there can be three temperature sensors 6” pr. 47 of Wu) including at least one interior temperature sensor (120) configured for sensing an interior temperature of the wind turbine blade and/or at least one exterior temperature sensor (121) configured for sensing an exterior temperature of the wind turbine blade (the temperature sensor 6 in fig. 6 of Wu is shown to be provided adjacent the exterior of the blade and would sense the exterior temperature of the wind turbine blade).
Claim(s) 1, 3, 17 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu in view of US 2007/0230085, herein referenced as Le.
Regarding Claim 1, Wu discloses a wind turbine blade (see fig. 7) comprising:
an aerodynamic shell body (see figs. 1-6) with a suction side shell part (see suction side shell in fig. 1) and a pressure side shell part (see pressure side shell in fig. 1) that extends in a longitudinal direction (L) between a root and a tip (see root and tip of blade in fig. 1) and in a transverse direction between a leading edge and a trailing edge (see leading edge and trailing edge of blade in fig. 1); and
an electro-thermal system (see system represented by fig. 6) for mitigating ice formation on the wind turbine blade, the electro-thermal system comprising:
a heating layer (electric heating film 5 fig. 6) comprising electrically conductive fibres arranged to extend in a longitudinal section (“the electric heating film 5 may include carbon fiber material, which may be formed by interweaving carbon fiber and glass fiber” pr. 45; the heating layer would extend in a longitudinal direction as shown in fig. 5) of the aerodynamic shell body (shown in fig. 5);
a power cable (see power line 7 fig. 8) configured for supplying power to the heating layer (5 fig. 8) and configured for being connected to a power source (“the power line 7 of the electric heating film 5 is guided into the inside of the blade and connected to a heating control cabinet (not shown)” pr. 50, the heating control cabinet being the power source), wherein the electrically conductive fibres of the heating layer are configured for, upon receiving electrical power from the power cable, supplying resistive heating to an exterior side of the wind turbine blade so as to mitigate ice formation on the wind turbine blade (when power supply is provided to the film 5 via the power line 7, the film 5 heats up for de-icing purposes);
a metallic lightning protection layer (shielding layer 3 fig. 6) arranged exterior to, and overlapping, the heating layer (shielding layer 3 is shown to be exterior to and overlapping of the heating film 5 in fig. 6 and fig. 8), the metallic lightning protection layer being configured for receiving a lightning strike;
a down conductor (“main lightning conductor of the blade” pr. 12) having a first end arranged at the root of the wind turbine blade configured for being earthed (a person of ordinary skill in the art would understand that there would be a root end of the main lightning conductor so as to connect with ground through the wind turbine assembly), the down conductor being electrically connected to the metallic lightning protection layer (3 fig. 6; “the lightning receptor and the main lightning conductor of the blade are connected by a lightning conductor” pr. 12 and “shielding layer 3 is connected to the lightning protection system through the lightning rod 16” pr. 43, the shielding layer 3 is connected to the main lightning conductor via lightning rod 16) so as to conduct a lightning strike current from the metallic lightning protection layer to the first end of the down conductor (this connection of shielding layer 3 to the main lightning conductor via lightning receptor 16 would allow for lightning current to be directed to a root end of the main lightning conductor); and
[an interposed layer] (see second fiber cloth layers 4 fig. 6 which would be infused with resin in the final product as stated in pr. 49; “second fiber cloth 4 serves as the outer skin of the blade and may be laid in multiple layers. In this exemplary embodiment, two layers are laid. The second fiber cloth 4 may be a triaxial glass fiber cloth” pr. 44, glass fiber cloth being an electrical insulator) interposed between the metallic lightning protection layer (3 fig. 6) and the heating layer (5 fig. 6), the [interposed layer] being configured for preventing a lightning strike flashing to the heating layer (the structure of the interposed layer provides a physical barrier and spacing between the heating film 5 and the shielding layer 3 in fig. 6; the structure including the second fiber cloth layers 4 and the resin infused therein in fig. 6, the cloth layers 4 are stated in pr. 44 as being formed of glass fiber which is a known electrical insulator), wherein the electrical insulation layer is embedded in, and is co-infused with, the aerodynamic shell body (cloth layers 4 are shown to be part of the mould in fig. 6, this would mean that they are embedded in and co-infused with the aerodynamic shell body), and wherein the [interposed layer] (see second fiber cloth layers 4 fig. 6 which would be infused with resin in the final product as stated in pr. 49) is a prefabricated component (this limitation makes the claim a product-by-process claim; the apparatus/structure claimed is identical to the disclosure of Wu as detailed and is therefore anticipated by Wu because patentability of a product claim does not depend upon its method of production. This limitation does not establish a structure distinction of the final product from Wu. See MPEP 2113 “Product-by-Process Claims” for more details),
wherein the electrically conductive fibres of the heating layer (5 fig. 6) and the metallic lightning protection layer (3 fig. 6) are embedded (“a blade pre-embedded with an electric heating film and can effectively prevent the electric heating film from being punctured by lightning” pr. 8) in, and are co-infused with, the aerodynamic shell body (with reference to fig. 6, “Next, the material for blade molding is laid on the second fiber cloth 4” pr. 48, “Then, the resin is infused using a vacuum infusion method, and the blade mold is heated to solidify the resin and demould.” Pr. 49). Wu further discloses that “by connecting the shielding layer to the lightning protection system of the blade, the problem of failure of the electric heating film due to being struck by lightning can be avoided” in pr. 58.
However, Wu fails to anticipate wherein the interposed layer is an electrical insulation layer, wherein the electrical insulation layer [comprises] a polymer film.
While Wu fails to state that the interposed layer is an electrical insulation layer and/or the resin is a non-conductive resin, Examiner is taking official notice that it is well known in the art that the most common resins used in the art are non-conductive and electrical insulators, lacking conductive fillers/additives; particularly when provided around or between conductive components that are not electrically connected. Therefore, it would have been obvious before the effective filing date of invention to one of ordinary skill in the art to have the resin of Wu to be an electrically insulating resin, such as by excluding the use of conductive additives/fillers, as is well known and most common in the art. One of ordinary skill in the art would be motivated to utilize an electrically insulating resin as this would protect the heating layer 5 from lightning current which the shielding layer 3 handles, this is aligned with Wu’s goal of avoiding lightning from reaching the heating layer 5; further a conductive resin would interfere with the operation heating layer 5 and the shielding layer 3 from operating as intended. This modification would establish the interposed layer to be an electrical insulation layer as it is made up of only electrically insulating parts. See MPEP 2144.03 - Reliance on Common Knowledge in the Art or “Well Known” Prior Art.
However, Wu as modified above fails to teach wherein the electrical insulation layer [comprises] a polymer film.
Wu and Le are analogous art since they both relate to the field of endeavor of lightning protection arrangements. Le is also considered analogous art since its related to the problem faced by Applicant of managing lightning and lightning current.
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Figure 1 of Le
Le teaches of wherein the electrical insulation layer (see dielectric ply 112 in fig. 1) [comprises] a polymer film (see dielectric film 112D in fig. 1; “dielectric film is a film of dielectric material selected from a group of materials consisting of a fluoropolymer, a polyester” in claim 7, polyester being PET which is a polymer). Le further teaches that their disclosure “includes a dielectric ply 112 electrically isolating and insulating skin fasteners 108 from a lightning strike, and multiple conductive plies 114A, 114B and 114C” pr. 20, broadly, this quote establishes that the dielectric ply electrically isolates and insulates a conductive component.
Therefore, it would have been obvious before the effective filing date of invention to one of ordinary skill in the art to have modified the outer surface of the heating layer (a conductive component) of Wu to include the dielectric ply comprising a dielectric film, as disclosed by Le, so as to obtain the benefit of ‘isolating and insulating a conductive component from a lightning strike and other electrical components/layers’ as taught by Le. This modification would add protection against lightning damage to the heating layer of Wu.
NOTE: The limitation “wherein the electrical insulation layer is a prefabricated component” in claim 1 renders the claim a product-by-process claim. See Claim Interpretation section above as well as MPEP 2113 “Product-by-Process Claims” for more details.
Regarding Claim 3, the combination of Wu and Le above comprises the wind turbine blade according to claim 1 wherein the electrical insulation layer comprises a laminate structure including the polymer film layer (see dielectric film 112D in fig. 1 of Le, as used to modify Wu) and at least one fiber layer (see one of the two second cloth layers 4 in fig. 6 of Wu).
Regarding Claim 17, the combination of Wu and Le above comprises the wind turbine blade according to claim 3, wherein the polymer film layer comprises a PET film (see dielectric film 112D in fig. 1 of Le, as used to modify Wu; “dielectric film is a film of dielectric material selected from a group of materials consisting of a fluoropolymer, a polyester” in claim 7 of Le, as used to modify Wu; polyester being PET which is a polymer).
Regarding Claim 22, the combination of Wu and Le above comprises the wind turbine blade according to claim 3, wherein the laminate structure further comprises an adhesive (see attachment backing 119 and 112A used to attach dielectric layer 112 to ply 114C and/or composite skin 102 in fig. 1 of Le, as used to modify Wu; “Attachment backing 119 is a layer of pressure sensitive adhesive” pr. 25 of Le and “an attachment backing 112A. In exemplary embodiments, a pressure sensitive adhesive approximately 0.002″ (0.050 mm) thick is employed” pr. 22 of Le) bonding the polymer film layer to the at least one fibre layer (since the dielectric film/layer of Wu is placed exterior to the heating layer in the combination of Wu and Le, the adhesive backing would be provided between the dielectric film and a second cloth layer 4 in fig. 6 of Wu), the adhesive being different from a resin used to co-infuse the aerodynamic shell body (the attachment backing 112A and 119 is stated as being a pressure sensitive adhesive in pr. 22 and pr. 25 of Le, as used to modify Wu. This makes it different from the resin used/described by Wu which is applied through a vacuum infusion process). (Additionally, for the combination above, having the adhesive backing 112A and 119 would hold the components in the proper position relative to each other during the resin infusion process)
Claim(s) 10-11 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu in view of CN109268203A, herein referenced as Hou.
Regarding Claim 19, Wu discloses a wind turbine blade (see fig. 7), comprising:
an aerodynamic shell body (see figs. 1-6) with a suction side shell part (see suction side shell in fig. 1) and a pressure side shell part (see pressure side shell in fig. 1) that extends in a longitudinal direction (L) between a root and a tip (see root and tip of blade in fig. 1) and in a transverse direction between a leading edge and a trailing edge (see leading edge and trailing edge of blade in fig. 1); and
an electro-thermal system (see system represented by fig. 6) for mitigating ice formation on the wind turbine blade, the electro-thermal system comprising:
a heating layer (electric heating film 5 fig. 6) comprising electrically conductive fibres arranged to extend in a longitudinal section (“the electric heating film 5 may include carbon fiber material, which may be formed by interweaving carbon fiber and glass fiber” pr. 45; the heating layer would extend in a longitudinal direction as shown in fig. 5) of the aerodynamic shell body (shown in fig. 5);
a power cable (see power line 7 fig. 8) configured for supplying power to the heating layer (5 fig. 8) and configured for being connected to a power source (“the power line 7 of the electric heating film 5 is guided into the inside of the blade and connected to a heating control cabinet (not shown)” pr. 50, the heating control cabinet being the power source), wherein the electrically conductive fibres of the heating layer are configured for, upon receiving electrical power from the power cable, supplying resistive heating to an exterior side of the wind turbine blade so as to mitigate ice formation on the wind turbine blade (when power supply is provided to the film 5 via the power line 7, the film 5 heats up for de-icing purposes);
a metallic lightning protection layer (shielding layer 3 fig. 6) arranged exterior to, and overlapping, the heating layer (shielding layer 3 is shown to be exterior to and overlapping of the heating film 5 in fig. 6 and fig. 8), the metallic lightning protection layer being configured for receiving a lightning strike; and
a down conductor (“main lightning conductor of the blade” pr. 12) having a first end arranged at the root of the wind turbine blade and configured for being earthed (a person of ordinary skill in the art would understand that there would be a root end of the main lightning conductor so as to connect with ground through the wind turbine assembly), the down conductor being electrically connected to the metallic lightning protection layer (3 fig. 6; “the lightning receptor and the main lightning conductor of the blade are connected by a lightning conductor” pr. 12 and “shielding layer 3 is connected to the lightning protection system through the lightning rod 16” pr. 43, the shielding layer 3 is connected to the main lightning conductor via lightning rod 16) so as to conduct a lightning strike current from the metallic lightning protection layer to the first end of the down conductor (this connection of shielding layer 3 to the main lightning conductor via lightning receptor 16 would allow for lightning current to be directed to a root end of the main lightning conductor), wherein the electrically conductive fibres of the heating layer (5 fig. 6) and the metallic lightning protection layer (3 fig. 6) are embedded in and co-infused with the aerodynamic shell body (with reference to fig. 6, “Next, the material for blade molding is laid on the second fiber cloth 4” pr. 48, “Then, the resin is infused using a vacuum infusion method, and the blade mold is heated to solidify the resin and demould.” Pr. 49),
wherein the aerodynamic shell body comprises a longitudinally extending bond line between the suction side shell part and the pressure side shell part at the leading edge (see pressure side mould and suction side mould in figs. 1-5, this would create a bond line between these two sides when they are joined), the bond line dividing the heating layer into a first heating layer part (see heating film 5 in suction side SS mould in fig. 5) and a second heating layer part (see heating film 5 in pressure side PS mould in fig. 5), the metallic lightning protection layer into a first metallic lightning protection layer part (see shielding layer 3 in suction side SS mould in fig. 3) and a second metallic lightning protection part (see shielding layer 3 in pressure side PS mould in fig. 3), wherein the first heating layer part and/or the first metallic lightning protection layer part are embedded in and co-infused with the suction side shell part (see fig. 6; since these components are co-infused together as described in pr. 48-49, they would be similarly co-infused together in the suction side SS mould in figs. 1-5),
wherein the second heating layer part and/or the second metallic lightning protection layer part are embedded in and co-infused with the pressure side shell part (see fig. 6; since these components are co-infused together as described in pr. 48-49, they would be similarly co-infused together in the pressure side PS mould in figs. 1-5).
However, Wu fails to anticipate wherein the electro-thermal system further comprises a leading edge insulation layer made of an electrically insulating polymer material, wherein the leading edge insulation layer extends along and overlaps the bond line at the leading edge and extends transversely from the bond line and overlaps the first and second metallic lightning protection layer parts along a circumference of the suction side shell part and the pressure side shell part, and
wherein the aerodynamic shell body comprises a leading edge protection cap overlapping the bond line, wherein the leading edge protection cap has an exterior side exposed to an exterior of the wind turbine blade and being configured for providing erosion resistance to the leading edge of the wind turbine blade.
Wu and Hou are analogous art since they both relate to the field of endeavor of wind turbine blades.
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Figure 4 of Hou
Hou teaches of wherein the electro-thermal system further comprises a leading edge insulation layer made of an electrically insulating polymer material (see elastic layer 11 in fig. 4; “the elastic layer may be one or more of the following materials: natural rubber, styrene-butadiene rubber, cis-butadiene rubber, chloroprene rubber, ethylene propylene rubber, polyurethane elastomer, etc.” pr. 16, the elastic layer 11 formed of one of the rubbers/elastomers would include a polymer based upon the examples and would also be an insulation layer since a layer formed of one of the materials listed would also be electrically insulative given their respective material properties; no mention of a conductive filler/additive is presented by Hou), wherein the leading edge insulation layer extends along and overlaps the bond line at the leading edge (the protective device 10, including elastic layer 11, is shown to extend along and overlap the bond line between shells 101 and 102 as it is provided at the leading edge 103 in figs. 1-4) and extends transversely from the bond line (shown in fig. 3), and
wherein the aerodynamic shell body comprises a leading edge protection cap (see hard layer 12 in fig. 4; this can be broadly interpreted as a leading edge protective cap as it forms the exterior surface of the blade at the leading edge) overlapping the bond line (protective device 10, including hard layer 12, is shown to overlap the bond line between shells 101 and 102 as it is provided at the leading edge 103 in figs. 1-4), wherein the leading edge protection cap has an exterior side exposed to an exterior of the wind turbine blade (fig. 4 shows the hard layer 12 as having an exterior side which is exposed to the environment) and being configured for providing erosion resistance to the leading edge of the wind turbine blade (shown in fig. 4 to form a structure which would provide erosion resistance at the leading edge; “The hard layer can resist the abrasion of the leading edge of the blade by wind, sand, rain, insects, or other foreign objects, while the elastic layer can buffer the impact of wind, sand, rain, insects, etc” in pr. 43). Hou further teaches “due to its high hardness, the rigid layer 12 is not easily deformed or damaged during the long-term operation of the blade 100. It can protect the blade 100 while maintaining the airfoil of the blade 100, so that the blade 100 can maintain good aerodynamic performance for a long time and the wind turbine can maintain a high power generation rate” in pr. 45.
Therefore, it would have been obvious before the effective filing date of invention to one of ordinary skill in the art to have modified Wu to include the leading edge protection cover layers disclosed by Hou to obtain the benefit of ‘resisting abrasion at the leading edge of the blade while buffering the impact of wind, sand, rain, insects, etc. there by protecting the blade and maintaining its airfoil’ as taught by Hou.
In the combination above, the elastic layer 11 and hard layer 12 taught by Hou would overlap the first and second metallic lightning protection layer parts along a circumference of the suction side shell part and the pressure side shell part (layers 11 and 12 of Hou, as used to modify Wu, would overlap the first and second parts of the lightning protection layer of Wu along a circumference since they would it would be provided as a layers over the leading edge of the blade, where the metallic layer of Wu is provided).
Regarding Claim 10, the combination of Wu and Hou comprises the wind turbine blade according to claim 19, wherein the electro-thermal system comprises a first exterior layer (see first fiber cloth layer 2 on suction side SS in figs. 2 and 6 of Wu) covering the metallic lightning protection layer (shielding layer 3 fig. 6 of Wu, the first fiber cloth layer 2 on the suction side would cover the metallic lightning protection layer 3 under a broadest reasonable interpretation), the first exterior layer having an interior side covering the metallic lightning protection layer (see side of first fiber cloth layer 2 on suction side SS which faces towards shielding layer 3 in fig. 6 of Wu; shown covering the shielding layer in figs. 3 and 6 of Wu interpreted under a broadest reasonable interpretation) and an exterior side exposed to the exterior of the wind turbine blade (see side of first fiber cloth layer 2 on suction side SS facing towards release cloth 1 in fig. 6 of Wu; this would still considered an exterior side exposed to exterior of the wind turbine blade, even with the modification with the teachings of Le for the layers related to protecting the seam at the leading edge, portions/section of the first fiber cloth layer of Wu would be exposed to the exterior).
Regarding Claim 11, the combination of Wu and Hou comprises the wind turbine blade according to claim 10, wherein the aerodynamic shell body comprises a second exterior layer (see first fiber cloth layer 2 on pressure side PS in figs. 2 and 6 of Wu) having an exterior side exposed to the exterior of the wind turbine blade (see side of first fiber cloth layer 2 on pressure side PS facing towards release cloth 1 in figs. 2 and 6 of Wu; this would still be considered an exterior side exposed to exterior of the wind turbine blade, even with the modification with the teachings of Le for the layers related to protecting the seam at the leading edge, portions/section of the first fiber cloth layer of Wu would be exposed to the exterior), the second exterior layer being flush with the first exterior layer and being different from the first exterior layer (the first fiber cloth layer 2 on the pressure side PS would be flush with the first fiber cloth layer 2 on suction side SS in figs. 2 and 6 of Wu, they would also be different from each other given there different locations/positions).
Allowable Subject Matter
Claims 13-14 and 20 are allowed.
Note: Regarding Claims 13-14 and 20, see rationale provided in the prior Office Action of 05/28/2025 for claims 12-13.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
CN112032006A – discloses a protective leading edge cover for a wind turbine blade, the cover including a first layer and a second layer, the layer attached to the wind turbine blade surface is comprised of material which are defined by their electrically insulative properties.
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/W.L.F./Examiner, Art Unit 3745
/COURTNEY D HEINLE/Supervisory Patent Examiner, Art Unit 3745
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