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 .
Status of the Claims
This is a final rejection in response to the amendments and arguments filed 01/21/2026. Claims 1-15 are currently pending with claims 1-7 withdrawn from consideration. Claims 8-15 have been amended.
Response to Arguments
Applicant’s arguments, see the response, filed 01/21/2026, with respect to objections to the claims have been fully considered and are persuasive. The objections to the claims of 10/21/2025 have been withdrawn in light of amendments to the claims.
Applicant's arguments filed 01/21/2025, with respect to the art rejections, have been fully considered but they are not persuasive. In response to arguments on page 7-8 of the response, examiner disagrees with the arguments related to the prior art Zhang.
Examiner contends that the prior art Zhang teaches all the limitations as amended in the claims, the glass fibres as taught by Zhang (¶ [0053[) is in a glass fibre preform comprising a consolidated arrangement of glass fibres and a binding agent, that is the bundles are arranged, preformed and have a glue as a binding agent.
While applicant argues that the structure of Zhang is formed by a certain process, it is noted that “The patentability of a product does not depend on its method of production.” MPEP 2113.
It has also been held that, “Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established”. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977); MPEP 2112.01. As Zhang teaches substantially identical structure as the claimed invention, Claim 8 is rejected as anticipated.
In response to arguments that the structure of Zhang is “a pultrusion plate formed by a co-pultrusion process where raw yams of carbon and glass fibres are bundled together,” examiner contends that the claim is a comprising claim and the prior art Zhang comprises the limitations as claimed.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “... a distinct component made solely of glass fibres ...” and “... a distinct pre-existing pre-form of glass fibres ...” are not recited in the rejected claim(s). Examiner also contends that the originally filed specification appears to lack any description of this argued feature.
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) 8 and 13-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN113738571 to Zhang (Zhang, and based on English Machine Translation).
In Reference to Claim 8
Zhang discloses a pultrusion plate (Fig. 2, 2 for instance) comprising a top surface (Figs. 1A and 2, top of 2 for instance), an opposing bottom surface (bottom of 2 for instance) and two lateral surfaces (left and right surfaces of 2 for instance), wherein the pultrusion plate is formed of a pultrusion fibre material (see ¶ [0053]) comprising a glass fibre material (22 for instance) and a carbon fibre material (21 for instance), wherein carbon fibre material (21) is provided along the entire lateral surfaces (as seen of left and right edges, figure 1A, see also ¶ [0048]) of the pultrusion plate (2), and wherein the glass fibre material comprises a glass fibre preform comprising a consolidated arrangement of glass fibres and a binding agent (the arrangement of 22 and using glued for instance, see also ¶ [0053]).
In Reference to Claim 13
Zhang discloses the reinforcing structure for a wind turbine blade (abstract, a main beam for a wind turbine blade for instance), the reinforcing structure comprising a plurality of pultrusion the plate (Fig. 2 plates 2 for instance) according to claim 8.
In Reference to Claim 14
Zhang discloses the wind turbine blade shell component (Fig. 14, shell portions 4 and 5 for instance and including 1) comprising a plurality of pultrusion the plate (2 for instance, see also figure 2) according to claim 8.
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(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN113738571 to Zhang (Zhang, and based on English Machine Translation) in view of GB 1 373 782 to Bradbury et al. (Bradbury).
In Reference to Claim 9
Zhang discloses the pultrusion plate according to claim 8, except “... wherein the glass fibre preform comprises multiple glass fibre layers stacked on top of each other ....”
Bradbury is related to a fibre reinforced composite formed of glass fibre preform (Fig. 1, 1 for instance, see also page 1, ll 34-53) and a surrounding carbon fibre structure (2 for instance, see also page 1, ll 15-21 and page 2, ll 16-18), as the claimed invention, and teaches wherein the glass fibre preform comprises multiple glass fibre layers stacked on top of each other (multiples of 1 for instance, figure 2, see also page 3, ll 13-17).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide in the system Zhang wherein the glass fibre preform comprises multiple glass fibre layers stacked on top of each other (as taught by Bradbury in forming the glass fibre structure of Zhang for instance), so as to use an art known technique (of forming glass fibre in a system to have multiple fibre layer of a preforms as taught by Bradbury) into the system Zhang and predictably form the pultrusion plate.
In Reference to Claim 10
Zhang discloses the pultrusion plate according to claim 8, except explicitly “... wherein the glass fibre fabric is a stitched fabric, a woven fabric, a knit fabric, a nonwoven fabric or a continuous filament mat ....”
Bradbury is related to a fibre reinforced composite formed of glass fibre preform (Fig. 1, 1 for instance, see also page 1, ll 34-53) and a surrounding carbon fibre structure (2 for instance, see also page 1, ll 15-21 and page 2, ll 16-18), as the claimed invention, and teaches wherein the glass fibre fabric is a stitched fabric, a woven fabric, a knit fabric, a nonwoven fabric or a continuous filament mat (page 3, ll 120-123, woven or nonwoven mat or cloth for instance).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide in the system Zhang wherein the glass fibre fabric is a stitched fabric, a woven fabric, a knit fabric, a nonwoven fabric or a continuous filament mat (as taught by Bradbury of woven and nonwoven fabrics in forming the glass fibre structure of Zhang for instance), so as to use an art known technique (of forming glass fibre in a system to be woven or nonwoven as taught by Bradbury) into the system Zhang and predictably form the pultrusion plate.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN113738571 to Zhang (Zhang, and based on English Machine Translation) in view of US Patent Application Publication 2017/0082089 to Yarbrough et al. (Yarbrough).
In Reference to Claim 11
Zhang discloses the pultrusion plate according to claim 8, except explicitly, “... wherein the glass fibre preform comprises glass fibre rovings ....”
Yarbrough is related to a fibre reinforced composite formed of glass fibre preform (Figs. 4-5, 104 for instance, see also ¶ [0033]) and a surrounding carbon fibre structure (106 or instance, see also ¶ [0033]), as the claimed invention, and teaches wherein the glass fibre preform comprises glass fibre rovings (see ¶ [0033] and [0040]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide in the system Zhang wherein the glass fibre preform comprises glass fibre rovings (as taught by Yarbrough in forming the glass fibre structure of Zhang), so as to use an art known technique (of forming glass fibre in a system including having fibre rovings as taught by Yarbrough) into the system Zhang and predictably form the pultrusion plate.
Claim(s) 12 s/are rejected under 35 U.S.C. 103 as being unpatentable over CN113738571 to Zhang (Zhang, and based on English Machine Translation) in view of US Patent Application Publication 2016/0146184 to Caruso et al. (Caruso ‘184).
In Reference to Claim 12
Zhang discloses the pultrusion plate according to claim 8, except, “... wherein the carbon fibre material comprises a plurality of tows of carbon fibre material, and wherein adjoining tows of carbon fibre material are provided along the entire lateral surfaces of the pultrusion plate ....”
Caruso ‘184 is related to a pultrusion plate (Fig. 7, 40 for instance) of a fibre reinforced composite formed of glass fibre (Figs. 7, 46 for instance, see also ¶ [0037] of a first material of glass fibres) and a surrounding carbon fibre structure (48 for instance, see also ¶ [0037] of a second material of carbon fibres), as the claimed invention, and teaches wherein the carbon fibre material comprises a plurality of tows of carbon fibre material (second material of 48 and of carbon for instance), and wherein adjoining tows of carbon fibre material are provided along the entire lateral surfaces of the pultrusion plate (48 along the left and right edges of 40 for instance).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide in the system Zhang wherein the carbon fibre material (of Zhang) comprises a plurality of tows of carbon fibre material (as taught by Caruso ‘184), and wherein adjoining tows of carbon fibre material are provided along the entire lateral surfaces (as taught by Caruso) of the pultrusion plate (of Zhang), so as to use an art known technique (of forming carbon fibre in a system as fibre tows and disposed at lateral edges of a pultrusion plate as taught by Caruso ‘184) into the system Zhang and predictably form the pultrusion plate.
Claim(s) 15 s/are rejected under 35 U.S.C. 103 as being unpatentable over CN113738571 to Zhang (Zhang, and based on English Machine Translation) in view of US Patent Application Publication 2019/0211806 to Girolamo (Girolamo) ad in view of US Patent Application Publication 2017/0058869 to Caruso et al. (Caruso ‘869).
In Reference to Claim 15
Zhang discloses a lightning protection system (abstract, lightning protection equipotential structure for instance) for a wind turbine blade (wind power blade for instance), the lightning protection system comprising: a lightning conductor (abstract, conductor), wherein the lightning protection system is electrically connected to a spar cap (the pultrusion plate system as part of the lightning protection system for instance), wherein the spar cap (Fig. 2 and 14, 1 for instance) comprises a plurality of pultrusion the plate (2) according to claim 8.
Zhang does not explicitly teach the lightning conductor “... disposed at least partially in the interior of the wind turbine blade ...” or teach “... one or more electrically conducting lightning receptors disposed on one or more surfaces of the wind turbine blade, wherein the one or more electrically conducting lightning receptors are electrically connected to a spar cap ....”
Girolamo is related to a lightning protection system in a wind turbine blade (¶ [0008], see also figure 1, blade 3), as the claimed invention, and teaches a lightning conductor (Fig. 7, 24 for instance) disposed at least partially in the interior of the wind turbine blade (as seen in figure 7 for instance) and wherein the lightning conductor is electrically connected to a spar cap (¶ [0065], [0070], Figs. 2 and 5, spar cap 4 and including portion 11 for instance).
Caruso '869 is related to a lightning protection system for a wind turbine blade (abstract), as the claimed invention, and teaches one or more electrically conducting lightning receptors (Fig. 5 and ¶ [0040], 40 for instance) disposed on one or more surfaces of the wind turbine blade (of 34 and 36 for instance), the one or more electrically conducting lightning receptors (40) are electrically connected to the lightning protection system (via lightning conductor 41 for instance).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide in the system of Zhang wherein the lightning conductor (of Zhang) is disposed at least partially in the interior of the wind turbine blade (as taught by Girolamo), and one or more electrically conducting lightning receptors are disposed on one or more surfaces of the wind turbine blade (as taught by Caruso '869 as on the blade of Zhang), wherein the one or more electrically conducting lightning receptors are electrically connected (connected into the lightning protection system as taught by Caruso '869) to a spar cap (of the system of Zhang for instance), so as to use an art known technique (of lightning protection systems including a conductor as taught by Girolamo, and a plurality of lightning receptors as taught by Caruso '869) into the system of Zhang (into the lightning protection system for instance and including the spar caps of the blades) and predictably form a lightning protection system to direct lightning to ground.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure, as cited in the Notice of References Cited, are cited to show pultrusion systems for wind turbine blades.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 WAYNE A LAMBERT whose telephone number is (571)270-3516. The examiner can normally be reached Monday - Thursday 9 am - 7 pm.
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, Nathaniel E Wiehe can be reached at (571)272-8648. 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.
/WAYNE A LAMBERT/Examiner, Art Unit 3745
/NATHANIEL E WIEHE/Supervisory Patent Examiner, Art Unit 3745
Prosecution Insights