DETAILED ACTION
This communication is a first Office Action Non-Final rejection on the merits. The Restriction election received on 02/24/2026 has been acknowledged. Claim(s) 1-15, 20, 22-25, and 33 have been cancelled. Claims 16-19, 21, and 26-32 are now pending and have been considered below.
Election/Restrictions
1. Applicant’s election of Species 1 (figures 1-2) in the reply filed on 02/24/2026 is acknowledged.
2. Claims 20, 22-25, and 33 are withdrawn [now cancelled] from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected invention Species 2 and 3. In addition, claims 26 and 27 are drawn to nonelected invention Species 3, and are therefore withdrawn as well. Since claims 28 and 32 depend from claim 27, they are withdrawn as well. Election was made with traverse in the reply filed on 02/24/2026.
Applicant's election with traverse of Species 1 in the reply filed on 02/24/2026 is acknowledged. The traversal is on the ground(s) that the three species are linked to form a single inventive concept because they share the same special technical features. This is not found persuasive because it was determine that while the species share the same technical feature, the shared technical feature is not a special technical feature.
The requirement is still deemed proper and is therefore made FINAL.
Claim Objections
Claim(s) 16 is objected to because of the following informalities:
Regarding claim 16, at line 12, the recitation “at least two horizontal elements”, is understood to mean – the at least two horizontal elements --.
Appropriate correction is required.
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.
Claim(s) 19, is rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
Regarding claim 19, at line 1, the recitation “the horizontal element” renders the claim indefinite because it lacks antecedent basis.
Regarding claim 19, at line 2 the recitation " the body " renders the claim indefinite because it lacks proper antecedent basis or creates ambiguity as to whether it is referring to the “body” of claim 19 or of claim 16.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 16-19, 21, and 29-31, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Prass et al. (U.S. Patent No. 11,454,218) which corresponds to foreign application DE 10 2018 112 857 published 06/13/2019.
Regarding claim 16, Prass et al. teaches a tower for a wind turbine (abstract), comprising prefabricated elements (abstract), made of reinforced concrete (abstract), with a first, vertically extending pedestal section (11) on which a tower of the wind turbine can be arranged (it is understood that a tower of the wind turbine is capable of being arranged thereon), and a second, horizontally extending section (12) as a foundation body which is in contact with the ground (figure 1), wherein; the first section is arranged above the second section (figure 1); the first section is formed from at least one annular pedestal section comprising an inner space (15); the second section is formed from at least two horizontal elements (26), wherein the at least two horizontal elements each comprise at least one support section (upper surface at 25) on which the annular pedestal section is arranged (figure 1); and, a clamping device (16-above-25, 18, 19, 31) with at least one clamping element (16-above-25) is provided (figure 1), the at least one clamping element being connected to the at least two horizontal elements (figure 1).
Regarding claim 17, Prass et al. teaches a third, vertically extending pedestal-like section (13) is provided under the second section (figure 1), and the third section is formed from at least one annular pedestal section (16-below-25) which has an interior (figure 1).
Regarding claim 18, Prass et al. teaches the at least one clamping element is arranged in an interior space (figure 1).
Regarding claim 19, Prass et al. teaches the at least two horizontal elements have at least one body (at 25) on which, at least one of on or under the body the at least one clamping element is arranged (as illustrated, 16-above-25 is arranged on the body; figure 1).
Regarding claim 21, Prass et al. teaches the at least one clamping element is composed of at least two element sections (figure 3).
Regarding claim 29, Prass et al. teaches the at least one annular pedestal section of the first section is formed from at least two pedestal segments (figure 3).
Regarding claim 30, Prass et al. teaches the at least one annular pedestal section of the third section is formed from at least two pedestal segments (figure 3).
Regarding claim 31, Prass et al. teaches the pedestal is composed of the first section, the third section and the body of the horizontal element (figures 1-3).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The cited patents listed on the included form PTO-892 further show the state of the art with respect to tower foundations in general.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAR HIJAZ whose telephone number is (571)270-5790. The examiner can normally be reached on 8-6 EST Monday-Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached on (571) 270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OMAR F HIJAZ/Examiner, Art Unit 3633
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