DETAILED ACTION
This communication is a first Office Action Non-Final rejection on the merits. The Restriction election received on 02/17/2026 has been acknowledged. Claims 1-5 are now pending and have been considered below.
Election/Restrictions
1. Applicant’s election of Group I (claims 1-3) in the reply filed on 02/17/2026 is acknowledged.
2. Claims 4-5 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected invention Group II. Election was made with traverse in the reply filed on 02/17/2026.
Applicant's election with traverse of Group I in the reply filed on 02/17/2026 is acknowledged. The traversal is on the ground(s) that the claims are linked by the same special technical features evidenced by the linkage of the foundation claims to the method and the groups share additional technical features e.g. the prefabricated beam/steel-strut pieces radially arranged, the bolt/central assembly interface, and the monolithic foundation achieved by simultaneous concreting. However, this is not found persuasive because while the claims link to the technical features, the features do not demonstrate a special technical feature.
The requirement is still deemed proper and is therefore made FINAL.
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, the “polygonal section” of claim 2 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Color photographs and color drawings are not accepted in utility applications unless a petition filed under 37 CFR 1.84(a)(2) is granted. Any such petition must be accompanied by the appropriate fee set forth in 37 CFR 1.17(h), one set of color drawings or color photographs, as appropriate, if submitted via the USPTO patent electronic filing system or three sets of color drawings or color photographs, as appropriate, if not submitted via the via USPTO patent electronic filing system, and, unless already present, an amendment to include the following language as the first paragraph of the brief description of the drawings section of the specification:
The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.
Color photographs will be accepted if the conditions for accepting color drawings and black and white photographs have been satisfied. See 37 CFR 1.84(b)(2).
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
Claim(s) 1 is objected to because of the following informalities:
Regarding claim 1, at line 5, the recitation “in vertical position”, is understood to mean -- in a vertical position --.
Regarding claim 1, at line 8, the recitation “in said central assembly.” Has an unnecessary period punctuation.
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) 1-3, is/are 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 1, at lines 4, 5, 25, 29, and 37, the recitations “its”, “them”, “themselves”, and “it” renders the claim indefinite because the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. In particular it is unclear as to which specific element the recitations are referring to.
Regarding claim 1, at lines 21-29, the recitations “the sections”, “the bases of beams”, “the massive block”, “the area facing the beams”, “the assemblies”, “the simultaneous concreting”, “the formwork areas”, “the slab”, and “the concrete beams” render the claim indefinite because they lack antecedent basis. In addition, “a base” is singular, whereas “the bases” are plural and therefore also lack antecedent basis.
Regarding claim 1, at lines 28-29, 35, and 39, the recitations “a central massive block”, “connecting bolts”, and “bearing connecting bolts” render the claim indefinite because they lack proper antecedent basis or create ambiguity as to whether they are referring to the same previously recited limitations.
Regarding claim 1, at line 39, the recitation “the struts”, renders the claim indefinite because it lacks antecedent basis.
Regarding claims 2 and 3, at lines 1-3, the recitations “it” and “its” render the claim indefinite because the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. In particular it is unclear as to which specific element the recitation is referring to.
Regarding claims 2 and 3, at lines 2, the recitations “a central steel ferrule” renders the claim indefinite because it lacks proper antecedent basis or creates ambiguity as to whether it is referring to the same previously recited ferrule.
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 of this title, 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(s) 1-3, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Phuly (U.S. Pub. No. 2011/0061321) in view of Kellner (WO 2014012708 A1) with Espacenet translation.
Regarding claim 1, Phuly teaches a method for constructing a ribbed foundation (paragraph 2, figure 1) for wind turbines (abstract) comprising: -placing a central reinforcing mesh (24) on the ground (figure 8); -providing a central steel ferrule (10) having connecting bolts (56) on its outer surface (figure 9), -placing said central ferrule, with its geometrical axis in vertical position, on the central reinforcing mesh (figure 9), - installing a central assembly (102) around the central ferrule (figure 4), so that the connecting bolts are housed in said central assembly (figure 4); -providing prefabricated pieces, comprising a concrete beam (16); -assembling the sections comprised between the bases of beams, and the massive block of the central assembly in the area facing the beams (figure 4); -installing the formworks (17) around the central assembly (figure 4), the massive block of the central assembly and the outer perimeter of the bases of the beams and of the assemblies existing between them (figure 4); -obtaining, by means of the simultaneous concreting of all the formwork areas, a monolithic concrete foundation (figure 11) that includes: portions of the slab between the beams, a central concrete ferrule, a central massive block and the concrete beams themselves (figure 3a) characterized in that -the concrete beam has a first end (outer end of 16), a second end (inner end of 16), a base (bottom of 16) from which reinforcing rods (42) protrude laterally (figure 3a), and an upper section from which reinforcing rods (46) protrude from the second end of the beam (figure 3a); -placing said prefabricated pieces on the ground, radially arranged with respect to the central ferrule (figure 4) and evenly distributed around it (figure 4); so that the second end of the beams faces the perimeter of the central reinforcing mesh (figure 4).
Phuly does not specifically disclose a steel strut; and, -the steel strut has a first end embedded in the corresponding beam and a second end that protrudes in the longitudinal direction with an upward inclination relative to said beam and having connecting bolts; and the second end of the struts, bearing connecting bolts, is housed in the central assembly.
Kellner discloses a wind turbine ground anchor (paragraphs 1-3) including a steel strut (3.3; paragraph 21); and, the steel strut has a first end (lower end) embedded in the corresponding beam (at 2.2) and a second end that protrudes in the longitudinal direction with an upward inclination relative to said beam (figure 6) and having connecting bolts (figure 6 [not labeled]); and the second end of the struts, bearing connecting bolts (figure 6 [not labeled]), is housed in the central assembly (in the combination, it is understood that the connecting bolts of Kellner would be housed in the central assembly of Phuly).
Therefore, from the teaching of Kellner, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the foundation assembly of Phuly to include a steel strut; and, -the steel strut has a first end embedded in the corresponding beam and a second end that protrudes in the longitudinal direction with an upward inclination relative to said beam and having connecting bolts; and the second end of the struts, bearing connecting bolts, is housed in the central assembly, as taught by Kellner, in order to further stabilize the wind tower by providing additional bracing to resist high wind loads and further reduce bending and improve load distribution.
Regarding claim 2, Phuly teaches the use of a central steel ferrule (10), with a cylindrical section (figure 9), and with vertical axis (arbitrary vertical axis of 10), which is arranged internally with respect to the central concrete ferrule (figure 9).
Regarding claim 3, Phuly teaches the use of a central steel ferrule (10) having a flange (at 60) at its upper end (figure 9) capable of screwing the tower of the wind turbine onto it.
Although Phuly does not specifically disclose the flange is welded. Phuly does disclose the use of welding segments together (paragraph 156). Therefore, the examiner takes official notice that it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to utilize welding the flange since it is a common practice to weld steel components together in the field and in manufacturing to create a fast and strong bond without requiring additional fasteners.
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