DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in the EPO on 10 March 2023. It is noted, however, that applicant has not filed a certified copy of the EP23020119.6 application as required by 37 CFR 1.55.
Claim Objections
Claims 1-3, 10, and 11 are objected to because of the following informalities. Appropriate correction is required.
Regarding claims 1-3 and 11: The claims repeated recite “mean”, this should recite “means”.
Regarding claim 1: Line 5 recites “generatig”, this should recite “generating”.
Regarding claim 10: Line 6 recites “generatig”, this should recite “generating”.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 10-12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 10: Line 6 recites “it” this should specifically recite the limitation being referred to.
Line 11 recites “one or more electricity generating means”. However, line 6 recites “an electricity generatig (sic) mean(s)”. It is unclear if these are the same or different generating means.
Regarding claim 11: Line 1 recites “providing a wind energy”, this is awkward English.
Regarding claim 12: Line 1 recites “providing a wind energy”, this is awkward English.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 2, 4-6, and 8-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by West (US 2016/0208774).
Regarding claim 1: West discloses a wind energy converter (Fig. 1), comprising:
one or more epicyclic blade rotors (30) comprising one or more blades (32) and a gear mean (80), said epicyclic blade rotors rotatably supported by a carrier (60);
a circumferential drive mean, wherein said gear mean can mesh with said circumferential drive mean (82) and/or a sun drive mean (98, as 82 drives 86, which meshes with 98),
wherein said gear mean can mesh with said sun drive mean, said wind energy converter characterized in that said gear mean can drive an electricity generating mean (64).
Regarding claim 2: West discloses said circumferential drive mean is a ring gear (86, paragraph 0041).
Regarding claim 4: West discloses the wind energy converter according to claim 1, vertically mounted (as shown in Fig. 1).
Regarding claim 5: West discloses comprising a wind guiding component (120, Fig. 9).
Regarding claim 6: West discloses at least one component is fabricated of a material, wherein at least one said material is selected from the group consisting of metals, metal alloys, superalloys, polymers, carbon materials, polyester materials, epoxy materials, ceramic, glass, fiber materials, wood materials, wood compounds, nanomaterials, binders, heat resistant materials, water resistant materials, solvent resistant materials, chemically resistant materials, sandwiched materials, layered materials, radiation resistant materials, painted materials, galvanized materials, or combinations thereof (in this case, at least metal, paragraph 0045).
Regarding claim 8: West discloses said wind energy converter is couplable or coupled with a mechanocomponent, wherein at least one said mechanocomponent is selected from the group consisting of stay vanes, guide vanes, fixed blades, wind directing devices, blades at least partially covering devices, gear devices, brakes, clutches, yaw drives, transmission means, thermal management systems, torque converters, joints, dampers, counterweights, foundations, pumps, valves, vanes, lifts, conveyers, potential energy devices, or combinations thereof (in this case, a guide vane, 120, Fig. 9 or Fig. 13-14).
Regarding claim 9: West discloses said wind energy converter is couplable or coupled with an electrocomponent, wherein at least one said electrocomponent is selected from the group consisting of anemometers, sensors, targets, actuators, amplifiers, coils, variable resistance coils, resonators, rectifiers, filters, inverters, converters, transformers, voltage regulators, power factor corrections, compensations, power electronics, chargers, controllers, processors, inductors, capacitors, resistors, diodes, varactors, switches, conductors, rechargeable batteries, rechargeable power sources, source management systems, loads, power transfer interfaces, power cables, input devices, electricity generators, electric motors, arrays of solar cells, hydrogen power units providing fuel cells, wind energy to electric energy converters, wave energy to electric energy converters, tidal energy to electric energy converters, water currents energy to electric energy converters, thermal energy to electric energy converters, flux alternators, magnetic levitation devices, or combinations thereof (electric generator 64 and other inherent filters and amplifiers).
Regarding claim 10: West discloses a method for providing a wind energy using a wind energy converter comprising one or more epicyclic blade rotors comprising one or more blades (32) and a gear mean (80), said epicyclic blade rotors rotatably supported by a carrier (60) and further comprising a circumferential drive mean (82), wherein said gear mean meshes with said circumferential drive mean and/or further comprising a sun drive mean (98), wherein said gear mean meshes with said sun drive mean, and wherein said gear mean can drive an electricity generating mean (64), the method characterized in that it comprises the steps of:
- providing a torque by means of the epicyclic blade rotors to said gear mean (via 80);
- distributing said torque to said circumferential drive mean and/or to said carrier and/or to said sun drive mean;
- driving one or more electricity generating means by means of said torque (paragraphs 0040-0042).
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.
Claims 3 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over West, in view of Conarro et al. (“Conarro”; US 2023/0060285).
Regarding claim 3: West discloses a circumferential drive but does not explicitly disclose said circumferential drive mean is a belt and/or chain drive.
However, Conarro discloses said circumferential drive mean is a belt and/or chain drive (belt drive 122, Fig. 12).
Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention to modify the circumferential drive of West to be the belt drive, as disclosed by Conarro, in order to effectively transfer power.
Regarding claim 7: West discloses a wind energy converter but does not explicitly disclose an array.
However, Conarro discloses a wind energy converter provided in an array (three turbines in Fig. 27). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention to modify the turbine of West to be in the array of Conarro in order to harvest more energy.
Claims 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over West, in view of Bertony (US 2015/0233353).
Regarding claim 11: West discloses a sun gear and a carrier and a circumferential drive means but does not explicitly disclose the torque can be controlled.
However, Bertony discloses the torque of a sun gear can be controlled (paragraph 0016).
Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention to modify the turbine of West to have the controller of Bertony in order to ensure the system meets proper demands.
Regarding claim 12: West modified by Bertony disclose control, Bertony further discloses wherein at least one said control can be selected from the group consisting of electromagnetic, mechanical, pneumatic, hydraulic, or combinations thereof (in this case, mechanical, paragraph 0015 – actuators).
Conclusion
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/SEAN GUGGER/Primary Examiner, Art Unit 2834