DETAILED ACTION
Notice of Pre-AIA or AIA Status
This action is in response to the claims set filed 08/28/2025 following the Non-Final Rejection of 05/28/2025. Claims 1, 3-6, 10-11 and 13-16 were amended; claims 2, 7-9 and 12 were cancelled; claims 17-22 are newly added. Claims 1, 3-6, 10-11, and 13-22 are currently pending with claim 16 withdrawn from consideration.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 08/28/2025, with respect to claim objections, and claims rejected under 35 USC § 112(b) have been fully considered and are persuasive. These objection and rejections of 05/28/2025 have been withdrawn.
Applicant’s arguments, see Remarks, filed 08/28/2025, with respect to the rejection(s) of claim(s) under 35 USC § 102 and/or 103 have been fully considered and are persuasive. Therefore, the rejection have been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of the amendments made to the claims.
Applicant's point on page 14 of Remarks “that Wu's layers are formed in situ during resin infusion and, as such, the cured resin of Wu cannot correspond to the presently claimed polymer film layer. As discussed in, for example, paragraphs [0009] and [0049] of Wu, the resin in Wu is not a distinct layer, rather, it is infused into the cloth during a vacuum infusion process. It is believed that reciting that polymer film layer is "prefabricated" in newly-amended independent claim 1 clarifies that the presently claimed subject matter includes a separate and distinct polymer film layer, which is structurally different from a fiber cloth that is simply infused with resin during molding, as in Wu” is not found persuasive by Examiner.
Claim 1 is directed to wind turbine blade which is an apparatus or product. The limitation “wherein the electrical insulation layer is a prefabricated component” 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. While this is a difference between Wu and the instant invention, it does not appear to be evident that the final product must be structurally different from the prior art because of the process limitation. For example, a prefabricated polymer film of resin or a prepreg fabric cloth (with a polymer film of resin) would seem to have the same structure as the prior art even with a differing process. As such, Wu still anticipates claim 1 as amended.
Applicant's point on pages 14-15 that “although Wu's glass fiber cloths may be insulating, Wu provides no disclosure teaching or suggesting that they are further "configured for preventing a lightning strike flashing to the heating layer," which is a specific requirement of independent claim 1. Wu only describes the cloths as an "outer skin" and does not teach or suggest the necessary dielectric properties or structural configuration to prevent high-voltage flashover. Thus, Wu does not provide for: "... the electrical insulation layer (70, 71, 72) being configured for preventing a lightning strike flashing to the heating layer .... wherein the electrical insulation layer (70, 71, 72) is a prefabricated component comprising a polymer film layer ...", as recited by newly-amended independent claim 1” was not found persuasive by Examiner.
Wu possesses the necessary structure required to accomplish preventing lightning strike flashing to the heating layer; i.e. an electrically insulating dielectric layer(s) and/or material(s) provided between the heating layer and the metallic lightning protection layer. This is shown in fig. 6 where the second fiber cloth layers 4, with the end product also including resin material/layers, are provided between the heating layer 5 and the metallic lightning protection layer 3. Resin as well as the cloth layers formed of glass fiber are known electrical insulators. As such, the disclosure of Wu is configurable to prevent a lightning strike flashing to the heating layer.
Applicant's point on pages 18-19 of Remarks towards a rejoinder of claim 16 was not found persuasive by the Examiner. This is because claim 1 was not found to be in condition for allowance.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, “wherein the electrical insulation layer comprises a laminate structure including the polymer film layer and at least one fiber layer” of claim 3 and “wherein the laminate structure includes the polymer film layer sandwiched between two glass fibre layers” of claim 21 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 10 and 17 are objected to because of the following informalities:
Claim 10 recites “an exterior of the wind turbine blade” but should likely read “[[an]] the exterior of the wind turbine blade”; since this has already been introduced in claim 19, from which claim 10 depends upon.
Claim 17 recites “the polymer film” but should likely read “the polymer film layer”.
Appropriate correction is required.
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 § 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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.
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 electrical insulation 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 insulation layer is configurable to prevent a lightning strike flashing to the heating film 5 due to being provided exterior to it as shown in fig. 6; the structure provided by the second fiber cloth layers 4 and the resin infused therein possess the structure to prevent lightning flashing to the heating layer by being an electrically insulative structure provided exterior to the heating layer 5 in fig. 6, the cloth layers 4 are stated in pr. 44 as being formed of glass fiber which is a known electrical insulator, resin is also a known electric 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 electrical insulation 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).
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, Wu discloses 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) including a polymer film (see space between the two second fiber cloth layers 4 in fig. 6 which would possess a resin film between them following the infusion of resin following the vacuum infusion method disclosed in pr. 49; resin being a polymer)including the polymer film layer (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) and at least one fiber layer (see two second fiber cloth layers 4 in fig. 6; “second fiber cloth 4 may be a triaxial glass fiber cloth” pr. 44).
Regarding Claim 21, Wu discloses 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 with a space therebetween which possesses a resin film, following the vacuum infusion method of pr. 49, sandwiched by the second cloth layers 4).
Regarding Claim 4, Wu discloses the wind turbine blade according to claim 1,
wherein the heating layer (see heating film 5 in figs. 6) 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), and
wherein the metallic lightning protection layer (see shielding layer 3 in figs. 3 and 6) 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), 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, 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, Wu discloses the wind turbine blade according to claim 1,
wherein the electrical insulation layer (see second fiber cloth layers 4 in figs. 4 and 6) 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), 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; the suction side edge and the pressure side edge of the second fiber cloth layers 4 in fig. 4 is shown to extend further towards the trailing edge than those same side edges of the heating film 5 in fig. 4).
Regarding Claim 6, Wu discloses 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) 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 and the heating film 5 in fig. 5; 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, 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) 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; 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, 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).
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; “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) 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 is shown to be provided adjacent the exterior of the blade and would sense the exterior temperature of the wind turbine blade).
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, 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 electrical insulation 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 insulation layer is configurable to prevent a lightning strike flashing to the heating film 5 due to being provided exterior to it as shown in fig. 6; the structure provided by the second fiber cloth layers 4 and the resin infused therein possess the structure to prevent lightning flashing to the heating layer by being an electrically insulative structure provided exterior to the heating layer 5 in fig. 6, the cloth layers 4 are stated in pr. 44 as being formed of glass fiber which is a known electrical insulator, resin is also a known electric 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 electrical insulation 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).
However, Wu fails to anticipate wherein the electrical insulation layer [comprises] a polymer film.
Wu is analogous art since it relates to the field of endeavor of wind turbine blades. Le is 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 heating layer (a conductive component) of Wu to be covered with 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.
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 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 comprises the wind turbine blade according to claim 3, wherein the polymer film 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 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).
Claim(s) 10-11 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu in view of US 2012/0034094, herein referenced as Wansink.
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 Wansink are analogous art since they both relate to the field of endeavor of wind turbine blades.
Wansink teaches of wherein the electro-thermal system further comprises a leading edge insulation layer (see glass-fiber mat 302 and/or cured epoxy resin layer 303 in fig. 2) made of an electrically insulating polymer material (the materials of glass-fiber mat 302 and/or the cured epoxy resin layer 303 are both electrically insulating polymer materials), wherein the leading edge insulation layer extends along and overlaps the bond line at the leading edge (the glass-fiber mat 302 and/or cured epoxy resin layer 303 are shown to extend along and overlap the blond line between shells 201 and 202 in figs. 1-2) and extends transversely from the bond line (shown in figs. 1-2), and
wherein the aerodynamic shell body comprises a leading edge protection cap (HMWPE layer 301 in fig. 2; 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 (301 shown to overlap the bond line in fig 2), wherein the leading edge protection cap has an exterior side exposed to an exterior of the wind turbine blade (figs. 1 and 2 show the HMWPE layer 301 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 figs. 1-2 to form a structure which would provide erosion resistance at the leading edge; “for protecting the cured resin at the leading edge of the turbine blade against erosion” pr. 3; “making it aerodynamically more suitable and hence less subject to erosion” pr. 23). Wansink further teaches that “turbine blade shells being fibre-reinforced turbine blade shells connected by cured resin and provided with a protective cover at the leading edge of the turbine blade for protecting the cured resin at the leading edge of the turbine blade against erosion” in pr. 3.
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 wind turbine blade of Wu to include the leading edge protective cover 105 made up of a cured epoxy resin layer 303, a glass-fiber mat 202 and a HMWPE layer 301 disclosed by Wansink so as to obtain the benefit of ‘protecting the resin between the two blade shells halves from erosion’ as taught by Wansink.
In the combination above, the glass-fiber mat 302 and/or cured epoxy resin layer 303 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 303 and/or 302 of Wansink, 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 sheet over the leading edge of the blade).
Regarding Claim 10, the combination of Wu and Wansink discloses 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 Le 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.
US 7869181 – US patent grant of prior art cited above.
US 2014/0199170 - discloses a wind turbine blade with a de-icing arrangement and that resin is an effective electrical insulator.
CN203730223U – discloses a wind turbine blade with a lightning protection arrangement where a polyester paint is applied to a metal net of the lightning protection system.
CN110725776A - discloses a wind turbine blade with a lightning protection arrangement where an insulating layer can be formed as a polyethylene terephthalate layer.
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.
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/W.L.F./Examiner, Art Unit 3745
/COURTNEY D HEINLE/Supervisory Patent Examiner, Art Unit 3745