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 .
Election/Restrictions
Claims 13-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/1/2026.
Applicant’s election without traverse of Group I, claims 1-12 in the reply filed on 7/1/2026 is acknowledged.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 10-12 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
The claims do not fall within at least one of the four categories of patent eligible subject matter because Claim 10 includes the language “Method for manufacturing,” but the claim does not positively recite any method steps. Instead Claim 10 merely recites a use, “using one or more preform elements,” and is considered to be a “use claim” as no positive method steps are recited. A use claim is not fall within one of the four categories of patent eligible subject matter.
Claims 11-12 depend from a rejected base claim, incorporate the subject matter of the base claim and are rejected for the same reasons as the base claim.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-9 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Asahara et al. [US2009/0301641].
Asahara discloses a method for manufacturing a preform element (1) used in particular for manufacturing a rotor blade of a wind turbine (it is noted the intended use of the article made by method, does not differentiate the method from the prior art) comprising the steps of: providing a mold (71) with a molding surface, one or more preform building components (3), an adhesive agent (3), and a penetration arrangement (92, 91)) comprising a plurality of elongated penetration elements (91) protruding from a base structure (92), wherein at least one of the preform building components (2) is a textile component (fiber substrate 2) comprising a plurality of fibers (paragraphs 0119-0122); arranging the preform building components (2) and the adhesive agent (3) on the molding surface (71), wherein the textile component (2) and the adhesive agent are arranged at least sectionally in contact with each other, wherein the textile component (2) and/or the penetration arrangement (92, 91) are arranged in such manner that the penetration elements (91) protrude into the textile component (2) locally spacing the fibers (paragraphs 0120-0122; 0077, Figure 9); activating the adhesive agent for at least partly soften the adhesive agent (paragraph 0124); solidifying the activated adhesive agent (paragraph 0128); and separating the penetration arrangement (91, 92) and the preform components (2) for forming the preform element (1) comprising channels protruding from an outer surface of the preform element (1) into the textile component (2) at the positions of the penetration elements (91) (Figure 9; paragraphs 0130).
With respect to claim 2, Asahara discloses the penetration arrangement (91, 92) comprises a plate-shaped base structure (92) from which the penetration elements (91) protrude, wherein the base structure (92) is arranged on top of the textile component (2) with the penetration elements (91) protruding into the textile component (2), wherein the textile component (2) is arranged in direct contact with the molding surface (71) (Figure 9; paragraph 0122).
With respect to claim 3, Asahara discloses in that penetration elements (91) comprising at least sectionally a circular (implied as the openings 4 formed by the penetrating elements are circular, Figure 1).
With respect to claim 4, Asahara discloses that penetration elements (91) with a protruding length between 2 mm and 15 mm (claim 23).
With respect to claim 5, Asahara discloses penetration elements (91) comprising a tapered tip-section (Figure 9).
With respect to claim 6, Asahara discloses the penetration elements (91) are distributed evenly on the base structure (92) (Figure 9).
With respect to claim 7, Asahara discloses the arranged textile component is at least partly compressed, wherein the penetration elements extend completely within the compressed textile component (paragraph 0122-0125).
With respect to claim 8, Asahara discloses an adhesive agent activatable by heat (paragraph 0124).
With respect to claim 9, Asahara discloses a heating means is used for activation of the adhesive agent, wherein the heating means is arranged adjacently to the penetration arrangement (Figure 9 shows hot air is used and is adjacent to the penetrating arrangement).
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.
Claims 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Asahara in view of Olesen et al. [US2012/0007269].
Asahara discloses a method for manufacturing a preform element according to claim 1. Applicant is referred to paragraph 7 for a detailed discussion of Asahara. Asahara does not explicitly disclose forming a rotor blade. Olesen discloses a method of manufacturing ga rotor blade by forming a fiber and resin layup on a mold surface (paragraphs 0001, 0011-13). It would have been obvious to one of ordinary skill in the art at the time of invention to modify the method of Asahara by shaping the preform into a shape of a rotor blade as taught by Olesen in order to increase the functionality of the produced article).
With respect to claim 11, Asahara discloses the preform is arranged on a mold, Olesen discloses the preform is arranged in a blade mold (paragraph 0013); Asahara and Olsen disclose the resin is infused into the preform (Olesen; paragraph 0019); and Asahara disclose resin is supplied to at least a portion of the surface that comprises channels.
With respect to claim 12, Asahara and Olesen disclose at least one flow-enhancing layer is arranged on the at least one surface comprising the channels, wherein the resin is supplied to a portion of the flow-enhancing layer (Asahara discloses a resin distribution medium 105, paragraph 0142; Olsen discloses a distribution layer, paragraph 0014).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL MCNALLY whose telephone number is (571)272-2685. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Orlando can be reached at 571-270-5038. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL MCNALLY/Primary Examiner, Art Unit 1746
DPM
September 16, 2026
