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 .
Response to Arguments
Applicant's arguments filed 04/24/2026 have been fully considered but they are not persuasive.
Regarding the argument that Mortensen (US PGPUB 2013/0011272 A1) in paragraph [0026] discloses only using “a closed and sealed compartment as a solution for containing liquid spillage from wind turbine components”;
The Examiner respectfully notes the closed compartments (20) to which paragraph [0026] are referring appear in the written description starting in [0087]-[0090] and a referring to a separate embodiment (see Fig. 7-8, [0087]) and were not expressly relied upon by the Examiner for the rejection(s) of record. The embodiment relied upon by the Examiner for the rejection(s) of record is discussed in [0079]-[0083] and involved hoisting side units (9a, 9b) to the main unit (8) “in such a manner that the interior parts of the main unit 8 and the side units 9a, 9b form one common interior space”. Further, these “closed compartments” are provided with openings (Fig. 9, [0090]) which introduce the possibility of spills to the floor of the nacelle and therefore could benefit from a spill tray arrangement on the floor of the nacelle as taught by Vellore et al. (WO 2018/050186 A1).
Regarding the argument that Vellore et al. does not teach or suggest the, “flow channel extending between the auxiliary liquid spillage container and the main liquid spillage container.”
The Examiner respectfully notes page (Pg. 7:7-17) which among other things indicates “defined overflow channels between receptacles” which tie the individual receptacles together; thus creating both a main liquid spillage container and auxiliary liquid spillage containers with a flow channel extending therebetween. Therefore, Vellore et al. teaches “the flow channel extending between the auxiliary liquid spillage container and the main liquid spillage container.” for the purpose of ensuring that leaked or spilled liquid can be fully contained (Pg. 7), and therefore shows “some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention (See MPEP 2141 III. (G))”.
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 1-18 are rejected under 35 U.S.C. 103 as being unpatentable over Mortensen et al. (US PGPUB 2013/0011272 A1) in view of Vellore et al. (WO 2018/050186 A1).
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Regarding claim 1, Mortensen et al. discloses a nacelle (2) of a wind turbine (1), comprising:
a main nacelle unit (8) including a main nacelle housing ([0081] indicates that the main nacelle
housing has at least one wall and therefore has a housing);
at least one auxiliary nacelle unit (9a, 9b) releasably connected ([0083] the auxiliary nacelle units are hoisted separately during construction of the nacelle) to the main nacelle unit (Fig. 4) including an auxiliary nacelle housing (Fig. 4, the auxiliary nacelle unit has walls and therefore a housing) with at least one first wind turbine component (13, 14, 15, 16, 18) positioned in the auxiliary nacelle housing (Fig. 4) and having a first component volume ([0080], at least the transformer unit, gear oil unit, cooling unit, and hydraulic unit have liquids associated with) of liquid associated therewith.
However, Mortensen et al. does not teach or suggest, "a liquid containment system for
containing liquid spillage in the nacelle, comprising:
an auxiliary liquid spillage container associated with the at least one auxiliary nacelle unit and
having a first container volume;
a main liquid spillage container associated with the main nacelle unit and having a second
container volume; and
a flow channel extending between the auxiliary liquid spillage container and the main liquid
spillage container, the flow channel configured to provide fluid communication between the auxiliary
liquid spillage container and the main liquid spillage container in response to liquid spillage in the at least one auxiliary nacelle unit exceeding the first contain volume"
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Vellore et al. teaches, in the field of wind turbine nacelles, a liquid containment system (36) for
containing liquid spillage in the nacelle (Pg. 5:17-28) comprising:
an auxiliary liquid spillage container (42, 54, 66) associated with at least one auxiliary nacelle
unit having a first container volume (Pg. 7:18-30);
a main liquid spillage container (56) associated with the main nacelle unit and having a second
container volume (Pg. 7:18-30);
a flow channel (88, 90, 92) extending between the auxiliary liquid spillage container and the
main liquid spillage container (Fig. 4, Pg. 7:1-17), the flow channel configured to provide fluid
communication between the auxiliary liquid spillage container and the main liquid spillage container
(Fig. 4) in response to liquid spillage in the at least one auxiliary nacelle unit exceeding the first container
volume (Pg. 7:1-17).
It would have been obvious to one of ordinary skill in the art before the effective filing date to
modify the modular nacelle of Mortensen et al. with the modular bottom cover of Vellore et al., as both
references are in the same field of endeavor, and one of ordinary skill in the art would appreciate that,
"The height of these reduced height regions is such that any small amount leakage or spillage is
contained in the one receptacle which underlies the leaking component thereby preventing its escape to
elsewhere in the turbine where it might damage other components or equipment or present a hazard to
personnel or environment. From there the liquid can be safely removed and disposed of by service
personnel. In the event of a significant leakage which fills a particular receptacle, liquid can then flow via
the defined overflow channels between receptacles, such that an adjacent receptacle, and eventually all
the receptacles become available to contain leaked liquid. By ensuring that the total combined volume
of receptacles is greater than the volume of liquid in any particular operative component gearbox,
generator etc.) it is then ensured that leaked or spilled liquid can be fully contained. (Pg. 7:7-17)"
Regarding claim 2, the combination of Mortensen et al. and Vellore et al. teach all of claim 1 as
above, wherein the first component volume of liquid the at least one first wind turbine component is
greater than the first container volume of the auxiliary liquid spillage container (Vellore et al; Pg. 7:18-30
indicates that container 56 is 360 liters and the others are 330, 210, and 200).
Regarding claim 3, the combination of Mortensen et al. and Vellore et al. teach all of claim 2 as
above, wherein the first container volume is less than about 50% of the first component volume, and
preferably less than about 25% of the first component volume (Vellore et al., "The combined total
volume is in the region of about 1100 litres, which is selected to be able to accommodate the entire
liquid volume from the component which has the highest liquid volume, which is typically the gear box"
Pg. 7:27-30).
Regarding claim 4, the combination of Mortensen et al. and Vellore et al. teach all of claim 1 as
above, wherein the sum of the first container volume of the auxiliary liquid spillage container and the
second container volume of the main liquid spillage container is no less than the first component
volume associated with the at least one first wind turbine component (Vellore et al., Pg. 7:27-30).
Regarding claim 5, the combination of Mortensen et al. and Vellore et al. teach all of claim 1 as
above, wherein the auxiliary liquid spillage container is integrated into the auxiliary nacelle housing such
that at least one wall of the auxiliary nacelle housing forms at least a portion of the auxiliary liquid
spillage container (Vellore et al.; 50, the rims for each receptacle would also partially form the walls of
the secondary nacelle housings of Mortensen et al.).
Regarding claim 6, the combination of Mortensen et al. and Vellore et al. teach all of claim 5 as
above, wherein the lower wall of the auxiliary nacelle housing forms at least a portion of the auxiliary
liquid spillage container (Vellore et al.; 50, the rims for each receptacle would also partially form the
walls of the secondary nacelle housings of Mortensen et al.).
Regarding claim 7, the combination of Mortensen et al. and Vellore et al. teach all of claim 1 as
above, wherein the flow channel includes a fluid conduit (88, 90, 92), the fluid conduit comprising:
an auxiliary nacelle section positioned in the auxiliary nacelle housing and in fluid communication with the auxiliary liquid spillage container (the Examiner notes that with the interconnected spill container of Vellore et al. with the modular nacelle construction of Mortensen et al., there would be a fluid conduit between each module and section of the spill container including a section between the auxiliary nacelle section, main nacelle section, with an intermediate conduit section);
a main nacelle section positioned in the main nacelle housing and in fluid communication with
the main liquid spillage container (see Examiner's note above); and
an intermediate conduit section positioned between the auxiliary nacelle section and the main
nacelle section (see Examiner's note above) and selectively connectable to the auxiliary nacelle section
and the main nacelle section (Vellore et al.; Pg. 8:4-8 "The receptacles may also be provided with drain
openings at low points therein, closed by plugs or valves to facilitate the draining of leaked liquid from
the receptacle regions).
Regarding claim 8, the combination of Mortensen et al. and Vellore et al. teach all of claim 7 as
above, wherein the auxiliary nacelle section includes an inlet (Vellore et al.; 88, 90, 92) that determines,
at least one part, the first container volume of the auxiliary liquid spillage container (Vellore et al., Fig.
4).
Regarding claim 9, the combination of Mortensen et al. and Vellore et al. teach all of claim 1 as
above, wherein the auxiliary liquid spillage container is at a greater vertical height than the main liquid
spillage container such that fluid communication therebetween is unidirectional and due to gravity
(Vellore et al., "In the event of a significant leakage which fills a particular receptacle, liquid can then
flow via the defined overflow channels between receptacles, such that an adjacent receptacle, and
eventually all the receptacles become available to contain leaked liquid." Pg. 7:12-14).
Regarding claim 10, the combination of Mortensen et al. and Vellore et al. teach all of claim 1 as
above, wherein the liquid containment system further comprises a pump (Vellore et al., "In the event of
leakage or spillage service personnel will need to enter the wind turbine nacelle and pump out the liquid
from the receptacle(s) into containers for safe disposal. Pg. 8:4-5) to facilitate communication between
auxiliary spillage container and the main liquid spillage container.
Regarding claim 11, the combination of Mortensen et al. and Vellore et al. teaches all of claim 1
as above, wherein the at least one first wind turbine component positioned in the auxiliary nacelle
housing of the at least one auxiliary nacelle unit includes a transformer (Mortensen et al., [0080]).
Regarding claim 12, the combination of Mortensen et al. and Vellore et al. teach all of claim 1 as
above, wherein the main nacelle housing of the main nacelle unit includes at least one second wind
turbine component (Mortensen et al., 6 "gear arrangement") positioned in the main nacelle housing and
having a second component volume (Mortensen et al., gear arrangements typically have a volume of
hydraulic fluid or lubrication associated therewith) of liquid associated therewith.
Regarding claim 13, the combination of Mortensen et al. and Vellore et al. teach all of claim 12
as above, wherein the at least one second wind turbine component positioned in the main nacelle
housing of the main nacelle unit includes at least one of a gearbox (Mortensen et al., 6) and a generator
(Mortensen et al., 12).
Regarding claim 14, the combination of Mortensen et al. and Vellore et al. teach a wind turbine
(Mortensen et al., 2) comprising:
a tower (Mortensen et al., 3); and
the nacelle of claim 1 (taught by the combination of Mortensen et al. and Vellore et al., above)
mounted to the tower (Mortensen et al., Fig. 4).
Regarding claim 15, Mortensen et al. discloses a method of containing liquid spillage in a nacelle
(2) of a wind turbine (1), the nacelle comprising a main nacelle unit (8) including a main nacelle housing
([0081] indicates that the main nacelle housing has at least one wall and therefore has a housing); at
least one auxiliary nacelle unit (9a, 9b) releasably connected ([0083] the auxiliary nacelle units are
hoisted separately during construction of the nacelle) to the main nacelle unit (Fig. 4) including an
auxiliary nacelle housing (Fig. 4, the auxiliary nacelle unit has walls and therefore a housing) with at least
one first wind turbine component (13, 14, 15, 16, 18) positioned in the auxiliary nacelle housing (Fig. 4)
and having a first component volume ([0080], at least the transformer unit, gear oil unit, cooling unit,
and hydraulic unit have liquids associated with) of liquid associated therewith.
However, Mortensen et al. does not teach or suggest, "directing liquid spillage from the at least
one first wind turbine component into the auxiliary nacelle housing to an auxiliary liquid spillage
container associated with the at least one auxiliary nacelle unit, the auxiliary liquid spillage container
having a first container volume; and
in response to the liquid spillage from the at least one first wind turbine component exceeding the first container volume of the auxiliar liquid spillage container, directing liquid spillage from the auxiliary liquid spillage container associated with the at least one auxiliary nacelle unit to a main liquid spillage container associated with the main nacelle unit"
Vellore et al. teaches, in the field of wind turbine nacelles, directing liquid spillage from the at
least one first wind turbine component into the auxiliary nacelle housing to an auxiliary liquid spillage
container associated with the at least one auxiliary nacelle unit, the auxiliary liquid spillage container
having a first container volume (Pg. 7:1-30); and
in response to the liquid spillage from the at least one first wind turbine component exceeding the first container volume of the auxiliar liquid spillage container, directing liquid spillage from the auxiliary liquid spillage container associated with the at least one auxiliary nacelle unit to a main liquid spillage container associated with the main nacelle unit (Pg.7:1-30).
It would have been obvious to one of ordinary skill in the art before the effective filing date to
modify the modular nacelle of Mortensen et al. with the modular bottom cover of Vellore et al., as both
references are in the same field of endeavor, and one of ordinary skill in the art would appreciate that,
"The height of these reduced height regions is such that any small amount leakage or spillage is
contained in the one receptacle which underlies the leaking component thereby preventing its escape to
elsewhere in the turbine where it might damage other components or equipment or present a hazard to
personnel or environment. From there the liquid can be safely removed and disposed of by service
personnel. In the event of a significant leakage which fills a particular receptacle, liquid can then flow via
the defined overflow channels between receptacles, such that an adjacent receptacle, and eventually all
the receptacles become available to contain leaked liquid. By ensuring that the total combined volume
of receptacles is greater than the volume of liquid in any particular operative component gearbox,
generator etc.) it is then ensured that leaked or spilled liquid can be fully contained. (Pg. 7:7-17)"
Regarding claim 16, the combination of Mortensen et al. and Vellore et al. teach all of claim 15
as above, wherein directing liquid spillage from the auxiliary liquid spillage container to the main liquid
spillage container further comprises directing liquid spillage through a flow channel (Vellore et al.; 88,
90, 92) that extend between and in fluid communication with the auxiliary liquid spillage container and
the main liquid spillage container (Vellore et al., Fig. 4).
Regarding claim 17, the combination of Mortensen et al. and Vellore et al. teach all of claim 15
as above, wherein directing liquid spillage from the auxiliary liquid spillage container to the main liquid
spillage container further comprises using gravity to transport liquid spillage form the auxiliary liquid
spillage container to the main liquid spillage container (Vellore et al., "In the event of a significant
leakage which fills a particular receptacle, liquid can then flow via the defined overflow channels
between receptacles, such that an adjacent receptacle, and eventually all the receptacles become
available to contain leaked liquid." Pg. 7:12-14).
Regarding claim 18, the combination of Mortensen et al. and Vellore et al. teach all of claim 15
as above, wherein directing liquid spillage from the auxiliary liquid spillage container to the main liquid
spillage container further comprises using a pump (Vellore et al., Pg. 8:4-8) to transport the spillage from
the auxiliary liquid spillage container to the main liquid spillage container.
Conclusion
THIS ACTION IS MADE FINAL. 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 RYAN C CLARK whose telephone number is (571)272-2871. The examiner can normally be reached Monday - Thursday 0730-1730, Alternate Fridays 0730-1630.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Courtney D Heinle can be reached at (571)-270-3508. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RYAN C CLARK/Examiner, Art Unit 3745
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