Prosecution Insights
Last updated: October 02, 2026
Application No. 18/716,688

DAMPING DEVICE

Final Rejection §102§103§112
Filed
Jun 05, 2024
Priority
Dec 10, 2021 — EU 21213786.3 +1 more
Examiner
HERRING, BRENT W
Art Unit
3633
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Siemens Gamesa Renewable Energy S.A.
OA Round
2 (Final)
69%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allowance Rate
915 granted / 1325 resolved
+17.1% vs TC avg
Strong +17% interview lift
Without
With
+16.8%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 2m
Avg Prosecution
33 currently pending
Career history
1357
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
46.5%
+6.5% vs TC avg
§102
27.5%
-12.5% vs TC avg
§112
21.1%
-18.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1325 resolved cases

Office Action

§102 §103 §112
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 . Claim Rejections - 35 USC § 102 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claims 1-4, 11, 14 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wahba, US 2021/0062503. Regarding claim 1: Wahba discloses a damping device (220) configured to be mountable on an upper opening of a tower (para. 0055 – the system may be located on the tower at any suitable location including proximal a top end) and it is configured to provide vibration damping during vertical storage and/or vertical transport of the tower (it is usable for these purposes), wherein the damping device comprises: a liquid damper comprising a single liquid tank (the damper is a single tank with multiple chambers as shown in Figs. 5A and 5B reproduced below); PNG media_image1.png 440 1103 media_image1.png Greyscale a mounting interface (Fig. 5C) configured to mounting the liquid damper on the upper opening of the tower (210), wherein the mounting interface comprises one or more load transfer elements configured to transfer vibrations between the tower and the liquid damper; and PNG media_image2.png 373 648 media_image2.png Greyscale wherein the one or more damping parameters are configured such that the liquid damper damps vibrations at least at a first frequency and at a second frequency, the second frequency being different from the first frequency (para. 0086 and 0087 – first natural frequency and a second natural frequency). Regarding claim 2: Wahba does not specify that the first and second frequencies correspond to vortex vibrations and galloping vibrations. However, as claimed, the one or more damping parameters are configured to correspond to vortex and gallop induced vibrations at different frequencies. Wahba specifies adjustability to different frequencies such that the examiner finds the Wahba is configured to provide damping for vibrations corresponding to vortex and damping frequencies. Regarding claim 14: Wahba discloses a method of providing a damping device (220) configured to be mountable on an upper opening of a tower and configured to provide vibration damping during vertical storage and/or vertical transport of the tower, wherein the damping device comprises a liquid damper comprising a single liquid tank (as set forth above), wherein the method comprises: determining one or more damping parameters of the liquid damper (para. 0014 – determining one or more natural frequencies of the tower and structural damping thereof) that are tunable (varying liquid volume) to provide the vibration damping at predetermined frequencies such that the liquid damper damps vibrations at least at a first frequency and at a second frequency, the second frequency different from the first frequency, and providing the liquid damper (220) in accordance with the one or more determined parameters (the natural frequencies). Regarding claim 3: Wahba discloses wherein the damping parameters include a volume of the liquid in the liquid tank (para. 0082, volume is varied based on the frequency being dampened). Regarding claim 4: Wahba discloses wherein the liquid tank is a volume comprising a vertical through hole (224), wherein the volume comprises an inner wall (refer to Fig. 5B) enclosing the through hole and an outer wall enclosing the inner wall, and wherein the volume is defined between the inner wall and the outer wall, wherein both walls are cylindrical. Regarding claim 11: Wahba discloses wherein the damping device comprises a tower cover configured to cover an upper opening of the tower, wherein the tower cover is attached to the liquid damper. PNG media_image3.png 199 599 media_image3.png Greyscale Regarding claim 16: Wahba discloses wherein the single liquid tank is shaped as a hollow cylinder, an axial direction of the hollow cylinder being oriented in a vertical direction. The tank is a hollow cylinder with a plurality of discrete chambers. Claim Rejections - 35 USC § 103 Claims 7 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Wahba, US 2021/0062503 in view of Mortensen et al., US 2020/0332548. Regarding claim 7: Wahba does not expressly disclose wherein the damping device is mounted inside the tower. Mortensen discloses a damping device that is a liquid damper (100) wherein the mounting interface is configured to mount the liquid damping device onto an upper opening of a tower such that the liquid damper is arranged inside the tower (clamps 106-108 shown in Fig. 1 of Mortensen). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art (PHOSITA) to substitute the mounting interface of Mortensen for that of Wahba in order to provide an additional tuning means (para. 0013 of Mortensen). Regarding claim 13: Wahba discloses determining one or more damping parameters of the liquid damper that are tunable to provide vibration damping at predetermined frequencies for a first and a second frequency but Wahba does not expressly disclose wherein the tower is a wind turbine tower. Mortensen discloses wherein a dampened tower is a wind turbine tower (para. 0056). Before the effective filing date of the invention, it would have been obvious to a PHOSITA to use the damper of Wahba in a wind turbine tower as suggested by Mortensen in order to attenuate wind tower vibrations. Wahba modified in view of Mortensen reasonably suggests internal mounting of the damper as set forth in the rejection of claim 7 above. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Wahba, US 2021/0062503 in view of Mortensen et al., US 2020/0332548 further in view of Ollgaard et al., US 2016/0252079 Regarding claim 8: Wahba in view of Mortensen suggests interior placement of a liquid damper as set forth in the rejection of claim 7 above. Mortensen appears to disclose bolt openings within the clamps but does not expressly disclose adjustment bolts. Ollgaard discloses an interior mounted damper wherein load transfer elements comprise a plurality of adjustment bolts (refer to Fig. 4, bolts in bracket 22), wherein an adjustment bolt extends between the mounting interface and an interior of the tower. Before the effective filing date of the invention, it would have been obvious to a PHOSITA to mount the load transfer elements of Wahba in view of Mortensen with adjustment bolts extending between the mounting interface and an interior of the tower as suggested by Ollgaard in order to tightly secure the damper to the tower. Allowable Subject Matter Claims 5, 9-10 and 12 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. Claim 6 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. Response to Arguments Applicant's arguments filed 7/29/2026 have been fully considered but they are not persuasive. Regarding applicant’s argument that Wahba discloses a plurality of tanks rather than a single tank, irrespective of the prior art of Wahba expressly describing the structure as a single tank or a plurality of tanks, prior art structure is granted a broad, reasonable interpretation. Structures may reasonably be described in multiple ways. One express description of a structure does not necessitate that a different interpretation of the structure is wrong or unreasonable. For example, a hotel room with a bedroom space, a walk-in closet and a private bathroom could reasonably be considered a single subdivided room, or it could be considered three separate rooms. Both interpretations are reasonable. In the instant case, a single tank can be partitioned into separate sub-tanks. A single hollow enclosure that is partitioned may reasonably be described as a plurality of tanks OR described as a single tank comprised of sub-tanks. Conclusion THIS ACTION IS MADE FINAL. 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. 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
Read full office action

Prosecution Timeline

Jun 05, 2024
Application Filed
Apr 27, 2026
Non-Final Rejection mailed — §102, §103, §112
Jul 29, 2026
Response Filed
Sep 02, 2026
Final Rejection mailed — §102, §103, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12742329
Wall Or Floor Panel With Locking Means Suitable For Herringbone-Pattern Installation
2y 8m to grant Granted Sep 22, 2026
Patent 12742352
END CAP AND CORNER BLOCK FOR FENESTRATION UNIT
2y 5m to grant Granted Sep 22, 2026
Patent 12735899
Multi-Purpose Tile System, Tile Covering, and Tile
2y 8m to grant Granted Sep 15, 2026
Patent 12735846
TEMPORARY WALKWAY SYSTEM WITH MODULAR TILES INTERLOCKING IN THREE-DIMENSIONS
2y 6m to grant Granted Sep 15, 2026
Patent 12729536
INSULATED SHEATHING PANEL AND METHODS FOR USE AND MANUFACTURE THEREOF
3y 1m to grant Granted Sep 08, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
69%
Grant Probability
86%
With Interview (+16.8%)
2y 2m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1325 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month