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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Response to Arguments
Applicant's arguments filed May 14, 2026 have been fully considered but they are not persuasive.
1) Applicant argues on pages 10-12 of the remarks regarding claim 1 that, “the system of Keller cannot be considered a support element for a segment of wind turbine towers…if the main body in Keller is considered to be the base, the protective elements are not attached to the lateral zone of the main body, but to the cradle.”
The Examiner respectfully disagrees, because claim 1 recites the main body comprises an upper surface and the upper surface comprises two lateral zones. The lateral zones are therefore part of the main body and have protective elements attached. Keller teaches a main body of (130) comprising two lateral zones (160) with protective elements (162) attached.
2) Applicant argues on pages 12-16 of the remarks regarding claim 5 that, “if the bottom surface 152 [of Keller] is considered as the lower surface of amended claim 5 and the bottom surface 152 sets against the base 140 of Keller as disclosed in paragraph [0064] of Keller, second protective elements as claimed in claim 5 cannot be attached to the bottom surface 152, since there is no gap between the bottom surface 152 and the base 140 in Keller… However, the bearing surface 156 is not configured to be disposed on the at least one first segment 62, 64, 66, 68 since the cradle surface 160 of Keller is disposed between the bearing surface 156 and one tower section 62 as can be seen (partially displayed) in marked Figure 6C. Therefore, amended claim 5 is not anticipated by Keller.”
The Examiner respectfully disagrees, because the Examiner’s mapping of (152) is to teach the lower surface of the main body when viewing the figures. However, Keller assigns (152) as the bottom surface of the saddle (150) that sits against the main body. For clarification, the saddle’s bottom surface (152) is placed on the lower surface of the main body. The second protective element (156) is attached to the lateral zones of the lower surface of the main body and are disposed on the at least one first segment. The Applicant is arguing there needs to be an immediate physical contact with nothing in between the second protective element and the first segment, however the claim only recites “disposed on” instead of “directly disposed on” or “in direct contact with.”
3) Applicant presents the same arguments on pages 16-18 of the remarks regarding claims 13-19 as presented for claim 5. See Examiner’s response above.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 17 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 17 recitation, “wherein the system is configured to support at least four segments below a maximum predetermined height defined by a crane” is indefinite because the claim does not define the height of the crane.
For examining purposes the Examiner is interpreting the height to be any height because cranes have various heights.
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 1-4 and 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over Keller (US 2017/0152833), in view of Jenkins (US 4,413,455).
Regarding claim 1, Keller discloses a support element (see Figures 6) for a segment of wind turbine towers (abstract; Para. 0060), wherein the support element comprises:
a main body (130 of Figure 6a) which in turn comprises an upper surface, wherein the upper surface of the main body comprises a central zone (142 of Figure 6A-C) and two lateral zones (160 of Figure 6A-C);
at least two first protective elements (162 of Figure 6A-C), each one configured to be attached to one lateral zone of the two lateral zones of the upper surface of the main body; and
wherein the at least two first protective elements are configured, in use, to support at least one first segment (62, 64, 66, 68 of Figure 3; Para. 0064) having a first geometry.
Keller does not explicitly disclose a main body made of concrete.
Jenkins discloses wherein the support element comprises: a main body made of concrete (Col. 1:57-64; Col. 2:67-Col. 3:6).
It would have been obvious to one of ordinary skill in the art before effective filing of the claimed invention to have the support element of Keller comprise a main body made of concrete, as taught by Jenkins, to permanently install bolts for connections to brackets to provide anchored pivotal mounting means [Jenkins: Col. 1:57-66].
Regarding claim 2, Keller discloses wherein the two lateral zones (160 of Figure 6A-C) of the upper surface of the main body (130 of Figure 6a) are two inclined surfaces (see Figure 6A).
Regarding claim 3, Keller discloses wherein the main body (130 of Figure 6a) of the support element (see Figures 6) further comprises a lower surface (152 of Figure 6A-D) and wherein the lower surface of the main body of the support element comprises at least one planar surface (see Figure 6A).
Regarding claim 4, Keller discloses wherein the lower surface (152 of Figure 6A-D) of the main body (130 of Figure 6a) of the support element is configured to be disposed, in use, on a foundation (140 of Figure 6A-D).
Regarding claim 9, Keller discloses wherein the distance between the central zone of the upper surface (142 of Figure 6A-C) and the central zone of the lower surface (142 of Figure 6A-C) defined as a central thickness is smaller than the distance between each one of the two lateral zones of the upper surface (160 of Figure 6A-C) and each one of the opposed two lateral zones of the lower surface (zone beneath 160 of Figure 6A-C) defined as a lateral thickness.
Regarding claim 10, Keller discloses wherein at least one of the first protective elements (162 of Figure 6A-C) or elements and/or at least one of the second protective element (156 of Figure 6A, 6C) or elements comprises an elastomer (Para. 0064).
Regarding claim 11, Keller discloses wherein the elastomer is a reinforced elastomer (Para. 0064).
Regarding claim 12, Keller discloses wherein the reinforced elastomer comprises steel sheets bonded to the elastomer (Para. 0064).
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 5-8 and 13-19 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Keller (US 2017/0152833).
Regarding claim 5, Keller discloses a support element (see Figures 6) for a segment of wind turbine towers (abstract; Para. 0060), wherein the support element comprises:
a main body (130 of Figure 6a) which in turn comprises an upper surface, wherein the upper surface of the main body comprises a central zone (142 of Figure 6A-C) and two lateral zones (160 of Figure 6A-C);
at least two first protective elements (162 of Figure 6A-C), each one configured to be attached to one lateral zone of the two lateral zones of the upper surface of the main body; and
wherein the at least two first protective elements are configured, in use, to support at least one first segment (62, 64, 66, 68 of Figure 3; Para. 0064) having a first geometry, wherein:
the main body of the support element further comprises a lower surface (152 of Figure 6A-D),
wherein the lower surface comprises at least a central zone (area of 142 of Figure 6A-C) and two lateral zones (zone beneath 160 of Figure 6A-C), and
wherein the support element further comprises:
at least two second protective elements (156 of Figure 6A, 6C), each one configured to be attached to one lateral zone of the two lateral zones of the lower surface of the main body, and
wherein the at least two second protective elements are configured, in use, to be disposed on the at least one first segment (62, 64, 66, 68 of Figure 3; Para. 0064) having the first geometry.
Regarding claim 6, Keller discloses wherein the two lateral zones (zone beneath 160 of Figure 6A-C) of the lower surface (152 of Figure 6A-D) of the main body (130 of Figure 6a) are inclined surfaces (see Figure 6A).
Regarding claim 7, Keller discloses wherein the at least two first protective elements (162 of Figure 6A-C) are disposed in a symmetrical position with regard to the central longitudinal axis of the support element (see Figure 6A).
Regarding claim 8, Keller discloses wherein the at least two second protective elements (156 of Figure 6A, 6C) are at least partially disposed in a vertical projection (see Figure 6A) of the at least two first protective elements (162 of Figure 6A-C).
Regarding claim 13, Keller discloses a support system comprising:
at least one first support element (see Figures 6) comprising at least:
a main body (130 of Figure 6a) which in turn comprises an upper surface, wherein the upper surface of the main body comprises a central zone (142 of Figure 6A-C) and two lateral zones (160 of Figure 6A-C);
at least two first protective elements (162 of Figure 6A-C), each one configured to be attached to one lateral zone of the two lateral zones of the upper surface of the main body; and
wherein the at least two first protective elements are configured, in use, to support at least one first segment (62, 64, 66, 68 of Figure 3; Para. 0064) having a first geometry; and
at least one second support element (see Figure 3, multiple similar support elements and are therefore the components are the same as above) comprising at least:
a main body (130 of Figure 6a) which in turn comprises an upper surface, wherein the upper surface of the main body comprises a central zone (142 of Figure 6A-C) and two lateral zones (160 of Figure 6A-C);
at least two first protective elements (162 of Figure 6A-C), each one configured to be attached to one lateral zone of the two lateral zones of the upper surface of the main body;
and wherein the at least two first protective elements are configured, in use, to support at least one first segment (Para. 0064) having a first geometry;
wherein the main body of the at least one second support element further comprises a lower surface (152 of Figure 6A-D), wherein the lower surface comprises at least a central zone (142 of Figure 6A-C) and two lateral zones (zone beneath 160 of Figure 6A-C), and
wherein the at least one second support element further comprises:
at least two second protective elements (156 of Figure 6A, 6C), each one configured to be attached to one lateral zone of the two lateral zones of the lower surface of the main body,
and
wherein the at least two second protective elements are configured, in use, to be disposed on the at least one first segment (62, 64, 66, 68 of Figure 3; Para. 0064) having the first geometry; and
one first segment (62, 64, 66, 68 of Figure 3) of wind turbine towers, wherein the one first segment is supported by the at least two first protective elements of the at least one first support element (Para. 0064), and;
wherein the at least two second protective elements of the at least one second support element are disposed on the one first segment having the first geometry; and
at least one additional first segment (62, 64, 66, 68 of Figure 3) of wind turbine towers, wherein the at least one additional first segment is supported by the at least two first protective elements of the at least one second support element (Para. 0064).
Regarding claim 14, Keller discloses further comprising a foundation (140 of Figure 6A-D) configured to support the at least one first support element (see Figures 6), the at least one second support element (see Figure 3, multiple similar support elements and are therefore the same), and the one first segment (62, 64, 66, 68 of Figure 3) and the at least one additional first segment (Para. 0064) having the first geometry.
Regarding claim 15, Keller discloses comprising:
wherein the at least one first support element (see Figures 6) further comprises two first support elements (see Figure 3, multiple similar support elements and are therefore the same);
wherein the at least one second support element (see Figure 3, multiple similar support elements and are therefore the same) further comprises at least two second support elements (see Figure 3, multiple similar support elements and are therefore the same),
wherein the one first segment (62, 64, 66, 68 of Figure 3) is supported (Para. 0064) by the at least two first protective elements (162 of Figure 6A-C) of each of the two first support elements;
wherein the at least two second protective elements (156 of Figure 6A, 6C) of the at least two second support elements are disposed on the one first segment having the first geometry; and
wherein the at least one additional first segment (62, 64, 66, 68 of Figure 3) is supported by means of the at least two first protective elements of the at least two second support elements (Para. 0064).
Regarding claim 16, Keller discloses wherein the at least one first support element (see Figures 6) and the at least one second support element (see Figure 3, multiple similar support elements and are therefore the same) are disposed in a symmetrical position with regard to a central section of the one first segment (62, 64, 66, 68 of Figure 3) and the at least one additional first segment defined in a plane perpendicular to a longitudinal direction of the first segments.
Regarding claim 17, Keller discloses wherein the system is configured to support at least four segments (62, 64, 66, 68 of Figure 3) below a maximum predetermined height defined by a crane (see 35 USC 112(b) rejection above).
Regarding claim 18, Keller discloses a method of supporting at least a segment of wind turbine towers (62, 64, 66, 68 of Figure 3) carried out with the support system of claim 13, wherein the method comprises the steps of:
attaching each one of the at least two first protective elements (162 of Figure 6A-C) to one lateral zone (160 of Figure 6A-C) of the upper surface of the main body (130 of Figure 6a) of the at least one first support element (see Figures 6);
disposing the one first segment on the at least two first protective elements of the at least one second support element (62, 64, 66, 68 of Figure 3; Para. 0064);
attaching each one of the at least two second protective elements (156 of Figure 6A, 6C) to one lateral zone of the lower surface (152 of Figure 6A-D) of the main body of the at least one second support elements;
disposing the at least one second support element on the one first segment;
attaching each one of the at least two first protective elements to one lateral zone of the upper surface of the main body of the at least one or second support element; and
disposing the at least one additional first segment (62, 64, 66, 68 of Figure 3; Para. 0064) on the at least two first protective elements of the at least one second support element.
Regarding claim 19, Keller discloses further comprising the steps of:
casting a foundation (140 of Figure 6A-D) in a stockpiling area;
disposing the at least one first support element (see Figures 6) on the foundation; and
wherein the step of disposing the one or two first segments (62, 64, 66, 68 of Figure 3) on the at least two first protective elements (162 of Figure 6A-C) of the at least one first support element is carried out after the step of disposing the at least one first support element on the foundation.
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 CHARLES H REID whose telephone number is (571)272-9248. The examiner can normally be reached M-F 9:30-4:45 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, Tulsidas Patel can be reached at 571-272-2098. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Charles Reid Jr./Primary Examiner, Art Unit 2834
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