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.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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, preferably at least five segments below a maximum predetermined height defined by a crane” is indefinite because the claim does not define the height of the crane’ also recitation of ‘preferably’ makes claim vague and indefinite.
For examining purposes the Examiner is interpreting the height to be any height because cranes have various heights.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 17 recites the broad recitation “configured to support at least four segments”, and the claim also recites “preferably at least five segments” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
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 1-19 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Keller (US 2017/0152833).
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.
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 5, Keller discloses wherein:
the main body (130 of Figure 6a) of the 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 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 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).
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), preferably at least five segments 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.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Pertain (US 4,106,735), Feary (US 4,102,274), Chamberlain (GB 1,415,784) disclose a support element comprising a main body.
Conclusion
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.
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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