Prosecution Insights
Last updated: April 19, 2026
Application No. 18/855,819

MODULAR NACELLE OF A WIND TURBINE HAVING A LIQUID SPILLAGE CONTAINMENT SYSTEM AND RELATED METHOD

Non-Final OA §103§112
Filed
Oct 10, 2024
Examiner
CLARK, RYAN C
Art Unit
3745
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
VESTAS WIND SYSTEMS A/S
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
1y 12m
To Grant
96%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allow Rate
231 granted / 265 resolved
+17.2% vs TC avg
Moderate +8% lift
Without
With
+8.5%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 12m
Avg Prosecution
37 currently pending
Career history
302
Total Applications
across all art units

Statute-Specific Performance

§101
2.6%
-37.4% vs TC avg
§103
38.8%
-1.2% vs TC avg
§102
30.5%
-9.5% vs TC avg
§112
26.4%
-13.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 265 resolved cases

Office Action

§103 §112
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 . Specification This application does not contain an abstract of the disclosure as required by 37 CFR 1.72(b). An abstract on a separate sheet is required. 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 3 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. Regarding claim 3: Lines 2 and 3 both recite, “about” The term "about" is a relative term which renders the claim indefinite; it is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. “about” is defined as "in the vicinity” or “reasonably close to” (see Merriam Webster online dictionary). This language is indefinite as the specification does not describe how much the term “about” modifies a target, and implicitly requires boundaries at some maximum value above the target and at some minimum value below the target beyond which one is not “about” the target any more. 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 3 recites the broad recitation “wherein the first container volume is less than about 50% of the first component volume”, and the claim also recites “and preferably less than about 25% of the first component volume” 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 § 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 2013/0011272 A1) in view of Vellore et al. (WO 2018/050186 A1). PNG media_image1.png 382 430 media_image1.png Greyscale 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” PNG media_image2.png 353 523 media_image2.png Greyscale 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 auxiliar 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 auxiliar 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 The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. PNG media_image3.png 426 528 media_image3.png Greyscale WO 2021/098927 A1 discloses a nacelle for a wind turbine with auxiliary nacelle portions. PNG media_image4.png 372 568 media_image4.png Greyscale US PGPUB 2020/0072184 A1 discloses a nacelle having liquid retaining properties. PNG media_image5.png 302 304 media_image5.png Greyscale WO 2018/196933 A1 discloses a wind turbine nacelle with on-board fluid system. PNG media_image6.png 252 342 media_image6.png Greyscale WO 2017/032380 A1 discloses a liquid containment assembly for a wind turbine. 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. 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, 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. 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. /RYAN C CLARK/ Examiner, Art Unit 3745
Read full office action

Prosecution Timeline

Oct 10, 2024
Application Filed
Feb 19, 2026
Non-Final Rejection — §103, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
87%
Grant Probability
96%
With Interview (+8.5%)
1y 12m
Median Time to Grant
Low
PTA Risk
Based on 265 resolved cases by this examiner. Grant probability derived from career allow rate.

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