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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 2/14/24 and 4/25/25 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Objections
Claim 48 is objected to because of the following informalities: in line 48, the claim recites “a crane tower”. It is clear that “a crane tower” is referring to the crane tower introduced in the preamble of the claim. Antecedence should be reflected (i.e. “the crane tower”). Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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.
Claim 73 is 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 73, the phrase "for example" in lines 11, 21 and 29 renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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.
Claims 48-55, 57-70, 72 and 73 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vorhies et al., US 2010/0044330.
Regarding claim 48:
Vorhies discloses a method of extending a crane tower (46) along a wind turbine tower (10), the crane tower being supported upon the wind turbine tower, the wind turbine tower including a foundation (12), the method comprising the steps of:
providing, on the wind turbine tower:
the crane tower (modules 46) to be extended along at least a portion of the wind turbine tower (refer to Figs. 5A and 5B), the crane tower comprising one or more crane tower sections (each is labeled 46) and a crane (56) at or near an upper end thereof;
support means (48, 50, 52); and
at least one lifter (28a-d);
locating the crane tower (module 46) in a base position (Figs. 4 and 5), in which a lower end of the crane tower is arranged at or near a crane tower base (28) which is supported upon the wind turbine tower (the foundation 12 of the wind turbine tower shown in Fig. 1 and Fig. 2);
operating the lifter (28a-d) to elevate the crane tower away from the crane tower base toward an elevated position (refer to Fig. 4), thereby creating space for one or more crane tower extension sections (additional modules 46) to be inserted at or near the crane tower base;
supporting the crane tower in the elevated position using the support means (the advancer 28a-d, pin driver 70 and the module frame 48, 50, 52) inserted beneath);
arranging one or more crane tower extension sections in the created space (additional modules 46 inserted into the space as shown in Figs. 2 and 4); and
adding the one or more crane tower extension sections to a lower end of the elevated crane tower, thereby extending the crane tower (refer to Figs. 5-5B depicting the crane tower increasing in height).
Regarding claim 64:
Vorhies discloses an apparatus configured to be provided on a wind turbine tower, the apparatus comprising:
at least one crane tower section (46) to extend at least partially around a wind turbine tower section (14);
a crane (56) configured to be coupled to and supported upon an upper end of the at least one crane tower section;
a support structure (48, 50, 52) to extend at least partially around a wind turbine tower section;
a lifter (28a-d) for advancing a crane tower including the at least one crane tower section and the crane away from or towards a first, base position along a wind turbine tower;
means for supporting the crane tower in a second position (the advancer 28a-d, pin driver 70 and the module frame 48, 50, 52) inserted beneath); and
at least one crane tower extension section to extend at least partially around a wind turbine tower section;
wherein the lifter is configured to advance the crane tower, in a first mode, away from the first, base position toward the second position to create space for inserting the at least one crane tower section into the created space, and the at least one crane tower extension section is configured to be arranged in the space and connected to the crane tower in order to extend the crane tower.
Regarding claim 67:
Vorhies discloses a method of extending a crane tower (sections 46) along a wind turbine tower (14), the method comprising the steps of:
providing a crane tower to be extended along at least a portion of a wind turbine tower, the crane tower comprising one or more crane tower sections (46) configured to extend around the wind turbine tower, and a crane (56) at or near an upper end thereof, and providing support means (48, 50, 52) and at least one lifter (28a-d);
locating the crane tower (module 46) in a base position (Figs. 4 and 5) in which a lower end of the crane tower is arranged at or near a crane tower base;
operating the lifter (28a-d) to elevate the crane tower away from the crane tower base toward an elevated position, thereby creating space for one or more crane tower extension sections to be inserted at or near the crane tower base;
locating and supporting the crane tower in the elevated position using the support means (the advancer 28a-d, pin driver 70 and the module frame 48, 50, 52 inserted beneath);
arranging one or more crane tower extension sections (46) in the created space; and
adding the one or more crane tower extension sections to a lower end of the elevated crane tower, thereby extending the crane tower:
the one or more crane tower extension sections configured to extend around the wind turbine tower (refer to Fig. 5b).
Regarding claims 70 and 73:
Vorhies discloses a method of constructing a wind turbine tower, the method comprising the steps of:
providing a crane tower (comprised of sections 46) to be extended along at least a portion of the wind turbine tower under construction, the crane tower comprising one or more crane tower sections and a crane (56) at or near an upper end thereof;
and providing support means (48, 50, 52) and at least one lifter (28a-d);
the wind turbine tower including a foundation (12);
locating the crane tower (module 46) in a base position (Figs. 4 and 5) in which a lower end of the crane tower is arranged at or near a crane tower base and in weight bearing relationship upon a crane tower base, the weight of the crane tower at least partially transmitted to the partially constructed portion of the wind turbine tower, through the crane tower base;
using the crane tower in work mode, operating the crane (56) to locate and position a wind turbine tower section (16) in longitudinal orientation above an upper end of a partially constructed portion (14) of the wind turbine tower, the wind turbine tower section (16) in longitudinal orientation being lowered vertically into the upper end of the crane tower (refer to Fig. 5A, it is lifted, inserted and lowered vertically therein into the upper end of the crane tower);
operating the lifter (28a-d) to elevate the crane tower away from the crane tower base toward an elevated position, thereby creating space for crane tower extension sections (46) to be inserted at or near the crane tower base;
locating and supporting the crane tower in the elevated position, locking the crane tower to the support means (the framing), the weight of the crane tower at least partially transmitted to the partially constructed portion of the wind turbine tower through the support means
arranging one or more crane tower extension sections (46) in the created space in an area around the partially constructed portion of the wind turbine tower; and
adding the one or more crane tower extension sections to a lower end of the elevated crane tower, thereby extending the crane tower;
locating the lengthened crane tower in the base position, in which a lower end of the lengthened crane tower is arranged at or near and in weight bearing relationship upon the crane tower base (the lowest section), the weight of the lengthened crane tower at least partially transmitted to the partially constructed portion of the wind turbine tower, to the foundation thereof, through the crane tower base; and
using the lengthened crane tower in work mode, operating the crane to locate and position a further wind turbine tower section in longitudinal orientation above an upper end of the previously connected tower section of the wind turbine tower, and connecting the further wind turbine tower section to the upper end.
Regarding claim 49:
Vorhies wherein the one or more crane tower sections are configured to extend around the wind turbine tower and the one or more crane tower extension sections are configured to extend around the wind turbine tower (refer to Figs. 5B and 5C).
Regarding claim 50:
Vorhies discloses wherein the one or more crane tower sections and the one or more crane tower extension sections are elongated sections to extend longitudinally along the crane tower (Fig. 5B).
Regarding claim 51:
Vorhies discloses wherein the method further comprises connecting at least two parts to assemble the one or more crane tower sections (refer to Fig. 6, showing the connection).
Regarding claim 52:
Vorhies discloses wherein the method further comprises:
locating the lengthened crane tower in the base position, in which a lower end of the lengthened crane tower is arranged at or near the crane tower base;
operating the lifter to elevate the lengthened crane tower away from the crane tower base toward an elevated position, thereby creating space for further extension tower sections to be inserted at or near the crane tower base;
locating and supporting the lengthened crane tower in the elevated position;
arranging one or more further extension sections in the created space in an area around the wind turbine tower; and
adding the one or more further extension sections to a lower end of the elevated crane tower, thereby further lengthening the crane tower (refer to Figs. 5-5B).
Regarding claim 53:
Vorhies discloses comprising the steps of:
locating the lengthened crane tower in the base position, in which a lower end of the lengthened crane tower is arranged at or near the crane tower base; and
using the crane on the lengthened crane tower to perform a lifting operation (refer to Fig. 5A)
Regarding claim 54:
Vorhies discloses wherein the weight of the crane tower at least partially is transmitted to the wind turbine tower, through the crane tower base (to the foundation).
Regarding claim 55:
Vorhies discloses wherein the foundation of the wind turbine tower is a ground supported foundation.
Regarding claim 57:
Vorhies discloses wherein the support means comprises a support frame (Fig. 5C) which extends circumferentially at least partially around a portion of the wind turbine tower, and the method includes connecting at least two components to assemble the support frame (Refer to Fig. 6).
Regarding claim 58:
Vorhies discloses wherein the lifter comprises a carriage (28a-d) arranged to travel longitudinally to move the crane tower from the base position to the elevated position.
Regarding claim 59:
Vorhies discloses wherein the lifter is arranged to extend circumferentially at least partially around a portion of the wind turbine tower (Figs. 2 and 5C).
Regarding claim 60:
Vorhies discloses wherein the support means comprises a support frame which extends in a circumferential direction at least partially around a portion of the wind turbine tower, and the lifter is arranged to extend circumferentially at least partially around an outside of the support frame, whereby a lower end crane tower section of the crane tower being elevated is arranged in abutment upon an upward facing surface of the support frame, and is engaged by the carriage, the carriage being movable up/down along the support frame.
Regarding claim 61:
Vorhies discloses wherein the weight of the support means is at least partially transmitted to the wind turbine tower, through the crane tower base (via the foundation) .
Regarding claim 62:
Vorhies discloses wherein supporting the crane tower in the elevated position, comprises locking the crane tower to the support means (frame 46 via 70).
Regarding claim 63:
Vorhies discloses which further comprises operating the crane to:
locate and position a wind turbine tower section in longitudinal orientation above an upper end of a previously installed tower section of the wind turbine tower, and connecting the wind turbine tower section to the upper end (refer to Figs. 5A and 5B).
Regarding claim 65:
Vorhies discloses wherein the at least one tower extension section is configured to advance the crane tower, in a second mode, away from the second position toward the first, base position (reversal of operation).
Regarding claim 66:
Vorhies discloses wherein the crane is configured to suspend a wind turbine tower section in vertical orientation above an upper end of the crane tower (Fig. 5A).
Regarding claim 68:
Vorhies discloses which further comprises arranging parts for forming the one or more crane tower extension sections in the created space, assembling the one or more crane tower extension sections by connecting the parts (Fig. 4 via 70).
Regarding claim 69:
Vorhies discloses wherein the crane has a crane base at an upper end of the one or more crane tower sections and a boom extending from the crane base.
Regarding claim 72:
Vorhies discloses wherein the crane tower, support means, and the lifter are arranged on the wind turbine tower (the foundation).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 56 is rejected under 35 U.S.C. 103 as being unpatentable over Vorhies et al., US 2010/0044330 in view of Azizi et al., US 2022/0307478.
Regarding claim 56:
Vorhies does not disclose wherein the wind turbine tower is an offshore wind turbine tower.
Azizi discloses a wind turbine tower that may be on or off shore (para. 0040).
Before the effective filing date of the invention, it would have been obvious to construct the tower erection system of Vorhies offshore as suggested by Azizi in order to construct the tower in a place that is unpopulated and has consistent winds.
Allowable Subject Matter
Claims 71 and 74-75 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The most relevant prior art to Vorhies et al., US 2010/0044330 fails to disclose wherein the crane base has an opening for receiving a wind turbine tower section therethrough and the method includes lowering the wind turbine tower section in longitudinal orientation vertically through the opening of the crane tower base into the upper end of the crane tower and toward the upper end of the crane tower (claim 71) or wherein the crane is configured to suspend a wind turbine tower section in vertical orientation above an upper end of the crane tower (claim 74). Rather, Vorhies discloses the crane suspending a wind turbine tower section in vertical orientation below an upper end of the crane tower, such that the wind tower turbine section is then passed to inside of the crane tower through lateral/translational movement. Modifying the prior art of Vorhies to include the method and structure set forth by claims 71 and 74 would require improper hindsight reconstruction and would also compromise the intended functionality of the device of Vorhies.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENT W HERRING whose telephone number is (571)270-3661. The examiner can normally be reached Monday-Thursday 7:30a-6:00p MT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Glessner can be reached at (571)272-6754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BRENT W HERRING/Primary Examiner, Art Unit 3633