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 Objections
Claims 19-21 are objected to because “one tower among” should be --one tower section among--. Appropriate correction is required.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, facilitating the vertical displacement operations using at least one of a rack and pinion system comprising a rack and at least one pinion, wherein the rack is arranged in a vertical position connected to at least one tower among the subsequent tower sections, and the at least one pinion is located in the elevator as a part of a drive system, a winch hoist system comprising a rail and at least one winch, wherein the rail is arranged in a vertical position connected to at least one tower among the subsequent tower sections, and the at least one winch is located in the elevator or ground as a part of a lifting system, or a chain hoist system comprising a rail and at least one winch, wherein the rail is arranged in a vertical position connected to at least one tower among the subsequent tower sections, and the at least one chain hoist is located in the elevator as a part of a lifting system of claims 12 and 22 must be shown or the features canceled from the claims.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the vertical displacement operations facilitated with a rack and pinion system comprising a rack and at least one pinion, wherein the rack is arranged in a vertical position connected to at least one tower among the subsequent tower sections, and the at least one pinion is located in the elevator as a part of a drive system of claim 19 must be shown or the feature canceled from the claims.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the vertical displacement operations facilitated with a winch hoist system comprising a rail and at least one winch, wherein the rail is arranged in a vertical position connected to at least one tower among the subsequent tower sections, and the at least one winch is located in the elevator or ground as a part of a lifting system of claim 20 must be shown or the feature canceled from the claims.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the vertical displacement operations facilitated with a chain hoist system comprising a rail and at least one winch, wherein the rail is arranged in a vertical position connected to at least one tower among the subsequent tower sections, and the at least one chain hoist is located in the elevator as a part of a lifting system of claim 21 must be shown or the features canceled from the claims.
No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 1-4 are 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 1 recites a self-climbing platform configured to carry a first tower section to an installation height and an elevator assembly platform attached to the first tower section and configured to elevate and position one or more subsequent tower sections, the elevator assembly platform further configured to perform “vertical displacement operations” and “lateral displacement operations” with respect to at least one component of a wind turbine, which is confusing. Isn’t configuration to vertically and horizontally displace already recited? Specifically, isn’t configuration to carry/elevate the tower sections to a height and position the tower sections identical to vertical and horizontal displacement operations? It is assumed the claim recites the elevator assembly platform further configured to carry/elevate to an installation height and position at least one component of a wind turbine.
Claim 2 recites that “a load comprises a first tower section and the one or more subsequent tower sections”, which is confusing. Is the “a” first tower section the same tower section as the “the” first tower section previously recited? In any case, how can a load, which is something that is carried, comprise (be made up of) the tower sections? Can’t essentially anything be carried? What is the purpose of reciting that a load is the sections, especially considering the limitation “load” is not subsequently repeated in any dependent claim?
Claim 4 recites that the at least one component comprises at least one of a nacelle, a hub, a drive train, a blade, the first tower section, or the one or more subsequent tower sections, which is confusing. Claim 2 already recites that the load comprises all the tower sections. How can the at least one component comprises the first tower section or subsequent tower sections when according to claim 2, the first tower section is apart from the subsequent sections?
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 3 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 3 recites a self-climbing platform configured to carry a first tower section to an installation height and place the first tower section in an upright position on a tower base, the self-climbing platform configured to place the first tower section in an upright position on a tower base. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
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.
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.
Claims 1-4 - are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Boro (12,264,049).
1 and 3. Boro teaches a tower assembly system, comprising:
a self-climbing platform 101 that is configured to carry (via winch and rope 106) a first tower section (“first section” 222, fig. 4) to an installation height (the height of the top of top base section 211) and place the first tower section in an upright position on a tower base (211,212,221), and
an elevator assembly platform attached to the first tower section (fig. 7 shows attachment at least via the ropes at the first section lifting lugs at the top of the section) and configured to elevate, position, and connect one or more subsequent tower sections until the one or more subsequent tower sections are located directly above the first tower section in a vertical tower assembly, fig. 8, the elevator assembly platform further configured to, as best understood, carry/elevate to an installation height and position at least one component (the nacelle) of a wind turbine.
2 and 4. Boro teaches the tower assembly system of claim 1, Boro further teaching, as best understood, the first tower section and the one or more subsequent tower sections comprise a load capable of being displaced by the elevator assembly.
Claim Rejections - 35 USC § 103
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.
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 5-8, 12-18, and 20-25 - are rejected under 35 U.S.C. 103 as being unpatentable over Boro.
5. Boro teaches a method for assembling a wind turbine, comprising:
placing a first tower section 222 in an upright position on a tower base (211,212,221); and
using an elevator assembly platform attached to a first tower section rack to elevate (the lugs are a rack as broadly recited, as the lugs are a series of mechanical fittings use to secure the ropes, a rack also being a structure to hold items), position and connect subsequent tower sections until the subsequent tower sections are located directly above the first tower section in a vertical tower assembly, figs. 5-8, wherein the elevator assembly platform performs vertical displacement operations and lateral displacement operations with respect to at least one component (tower sections and nacelle) of the wind turbine including the first and subsequent tower sections.
Should Applicant disagree that the lugs essentially act as a rack, as broadly recited, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use the elevator assembly platform attached to a first tower section rack for stability.
6. Boro teaches the method of claim 5, Boro further teaching the elevator assembly platform comprises:
an elevator (winch);
a lateral displacement carrier (rack and pinion); and
at least one counterweight 121.
7. Boro teaches the method of claim 6, Boro further comprising:
transferring the at least one component of the wind turbine to a final location with the lateral displacement carrier, after vertically displacing the at least one component to a corresponding height with the elevator (see the progression from figs. 4-9).
8. Boro teaches the method of claim 6, Boro further comprising:
transferring the at least one component of the wind turbine to a height, wherein the at least one counterweight is placed on an opposite side of the lateral displacement carrier to compensate for a moment generated by a weight of the at least one component;
wherein once at a corresponding height, the lateral displacement carrier moves the at least one component for placement above a previously installed component and the at least one counterweight moves in an opposite direction for balancing, col. 10, lines 28-69.
12. Boro teaches the method of claim 6, Boro further comprising facilitating the vertical displacement operations with a rope hoist system comprising a winch 103, and the at least one rope hoist is located in the elevator as a part of a lifting system. Boro does not teach a rail in a vertical position connected to the tower section, and teaches a rope not a chain. Considering there is no drawing of the rail, no written disclosure of why it is needed when a winch and chain are apparently sufficient, and other vertical facilitating structures disclosed (rack and pinion and a winch hoist system), it would have been a matter of obvious design choice to one having ordinary skill in the art before the effective filing date of the claimed invention for Boro to use a rail in a vertical position connected to the tower section, and a rope not a chain for strength.
13. Boro teaches the method of claim 5, Boro further teaching the components of the wind turbine further comprise a nacelle, fig. 12, and wherein the elevator assembly platform sequentially performs the vertical displacement operations and the lateral displacement operations to position the at least one component above a previously installed component, figs. 12-15.
14. Boro teaches the method of claim 6, Boro further teaching the components of the wind turbine are capable of being received from a sufficiently dimensioned and designed trailer into an adjustable incline loading ramp for easy loading into the lateral displacement carrier of the elevator assembly platform.
15. Boro teaches a system for assembling a wind turbine, comprising:
an elevator assembly platform(101 and winch) attachable to a first tower section rack (the lugs are a rack as broadly recited, as the lugs are a series of mechanical fittings use to secure the ropes, a rack also being a structure to hold items) to elevate, position and connect subsequent tower sections until subsequent tower sections are located directly above a first tower section in a vertical tower assembly, wherein the elevator assembly platform performs vertical displacement operations and lateral displacement operations with respect to at least one component of the wind turbine including the first and subsequent tower sections.
Should Applicant disagree that the lugs essentially act as a rack, as broadly recited, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use the elevator assembly platform attached to a first tower section rack for stability.
16. Boro teaches the system of claim 15, Boro further teaching the elevator assembly platform comprises:
an elevator (winch);
a lateral displacement carrier (rack and pinion); and
at least one counterweight 121, wherein the elevator is configured to perform the vertical displacement operations, and the lateral displacement carrier is configured to perform the lateral displacement operations with respect to the at least one component of the wind turbine.
17. Boro teaches the system of claim 16, Boro further teaching the at least one component of the wind turbine is transferrable to a final location with the lateral displacement carrier, figs. 13-14.
18. Boro teaches the system of claim 16, Boro further teaching the at least one component of the wind turbine is transferrable to a height, wherein the at least one counterweight is placed on an opposite side of the lateral displacement carrier to compensate for a moment generated by a weight of the at least one component;
wherein once at a corresponding height, the lateral displacement carrier moves the at least one component for placement above a previously installed component and the at least one counterweight moves in an opposite direction for balancing, col. 10, lines 28-69.
20. Boro teaches the method of claim 16, Boro further comprising the vertical displacement operations are facilitated with a winch hoist system comprising at least one winch, wherein the at least one winch is located in the elevator or ground as a part of a lifting system. Boro does not teach a vertical rail connected to at least one tower section among the subsequent tower sections, and the at least one winch is located in the elevator or ground as a part of a lifting system. Considering there is no drawing of the rail, no written disclosure of why a rail/winch is needed, and other vertical facilitating structures disclosed (rack and pinion and a chain hoist system), it would have been a matter of obvious design choice to one having ordinary skill in the art before the effective filing date of the claimed invention for Boro to use a rail in a vertical position connected to the tower section for strength.
21. Boro teaches the method of claim 16, Boro further comprising facilitating the vertical displacement operations with a rope hoist system comprising a winch 103, and the at least one rope hoist is located in the elevator as a part of a lifting system. Boro does not teach a rail in a vertical position connected to the tower section, and teaches a rope not a chain. Considering there is no drawing of the rail, no written disclosure of why it is needed when a winch and chain are apparently sufficient, and other vertical facilitating structures disclosed (rack and pinion and a winch hoist system), it would have been a matter of obvious design choice to one having ordinary skill in the art before the effective filing date of the claimed invention for Boro to use a rail in a vertical position connected to the tower section, and a rope not a chain for strength.
22. Boro teaches the method of claim 16, Boro further comprising facilitating the vertical displacement operations with a rope hoist system comprising a winch 103, and the at least one rope hoist is located in the elevator as a part of a lifting system. Boro does not teach a rail in a vertical position connected to the tower section, and teaches a rope not a chain. Considering there is no drawing of the rail, no written disclosure of why it is needed when a winch and chain are apparently sufficient, and other vertical facilitating structures disclosed (rack and pinion and a winch hoist system), it would have been a matter of obvious design choice to one having ordinary skill in the art before the effective filing date of the claimed invention for Boro to use a rail in a vertical position connected to the tower section, and a rope not a chain for strength.
23. Boro teaches the method of claim 16, Boro further teaching the elevator is configured to vertically displace the at least one component of the wind turbine to a corresponding height, and the lateral displacement carrier is configured to laterally position the at least one component at a final installation location, figs. 3-6.
24. Boro teaches the method of claim 16, Boro further teaching the at least one counterweight is positioned on an opposite side of the lateral displacement carrier to compensate for a moment generated by a weight of the at least one component of the wind turbine during lateral positioning, col. 10, lines 28-69.
25. Boro teaches the method of claim 16, Boro further teaching after the at least one component of the wind turbine reaches the corresponding height, the lateral displacement carrier moves the at least one component toward a placement location above a previously installed component while the at least one counterweight moves in an opposite direction to balance the elevator assembly platform, col. 10, lines 28-69.
Claim 19 – is rejected under 35 U.S.C. 103 as being unpatentable over Boro in view of Rabaut (12,523,197).
19. Boro teaches the system of claim 16, Boro further teaching the at least one winch is located in the elevator as a part of a rope drive system. Boro does not teach the vertical displacement operations are facilitated with a rack and pinion system comprising a rack and at least one pinion, wherein the rack is arranged in a vertical position connected to at least one tower among the subsequent tower sections, and the at least one pinion is located in the elevator as a part of a drive system. Rabau teaches it is old in the art to for vertical displacement operations to be facilitated with a rack and pinion system comprising a rack and at least one pinion, wherein the rack is arranged in a vertical position connected to at least element and the at least one pinion is located in body as a part of a drive system. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention for the vertical displacement operations to be facilitated with a rack and pinion system comprising a rack and at least one pinion, wherein the rack is arranged in a vertical position connected to at least one tower among the subsequent tower sections, and the at least one pinion is located in the elevator as a part of a drive system for smooth lifting.
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive.
“Nothing in Boro discloses or suggests this claimed configuration. Instead, Boro's self- climbing work platform performs the lifting function relied upon by the Examiner. Boro does not disclose a separate elevator assembly platform attached to the erected first tower section that performs the recited assembly operations after placement of the first tower section”
Boro discloses the claimed configuration because Boro's self- climbing work platform performs the lifting function via rope and winch and discloses a separate elevator assembly platform attached to the erected first tower section that performs the recited assembly operations after first tower section placement as indicated in the rejection above.
“Boro does not disclose an elevator assembly platform attached to the first tower section, as now expressly recited in amended claim 1, that is configured to elevate, position, and connect one or more subsequent tower sections while performing both vertical displacement operations and lateral displacement operations with respect to at least one component of a wind turbine”
Boro discloses the elevator assembly platform attached to the first tower section via the rope/lugs, as recited, that is configured to elevate, position, and connect one or more subsequent tower sections while performing both vertical displacement operations and lateral displacement operations as indicated in the rejection above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL J KENNY whose telephone number is (571)272-9951. The examiner can normally be reached Monday-Friday 8am-5pm.
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.
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.
/DANIEL J KENNY/ Examiner, Art Unit 3633
/BASIL S KATCHEVES/ Primary Examiner, Art Unit 3633
Prosecution Insights