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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 9/11/2024 has been considered by the examiner.
Specification
The disclosure is objected to because of the following informalities:
Paragraph [0039] recites “hydraulic system 100” and also “hydraulic system 10”.
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, the “calipers” as recited in claim 19 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
As best understood, “caliber” is a typographical error and should read “caliper”. The drawings do not show brake rotor calipers.
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 Objections
Claim 19 objected to because of the following informalities:
Claim 19, “caliber” should read --caliper-- as best understood, to remedy a typographical error. Appropriate correction 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.
Claims 1, 3-13, 19, 20 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 the limitation "the pressure chamber" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "the manually operable pump element" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the manually operable pump element" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites “a pressure chamber”. It is unclear whether this is the same or different chamber than the “pressure chamber’ recited in claim 1.
Regarding claim 8, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Dependent claims 3-13, 19, and 20 are indefinite because they depend from an indefinite base claim.
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.
Claim(s) 1, 3-11, 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Elving et al. (US 9004614), hereinafter ‘Elving’.
Elving discloses:
1. A hydraulic system (see Fig. 1) for a rotor brake of a wind turbine (this recitation is an intended use recitation and does not constitute patentable weight; further, the prior art device is capable of being used in a hydraulic system for a rotor brake of a wind turbine), wherein the hydraulic system has a manually operable pump device (116, 118, 119, etc., manually operated via handle 102) and a connection (130f) for connecting to the rotor brake (132 is a rotor brake actuator), wherein the manually operable pump device is connected to the pressure chamber and the connection, wherein the manually operable pump device comprises a coupling section (section coupled to 112) for actuation, the coupling section being connectable to an external device (102).
3. The hydraulic system according to claim 1, wherein the hydraulic system further comprises a tank chamber (120), the tank chamber being connected to the manually operable pump device (see Fig. 1, tank 120 connected to device 118, 119).
4. The hydraulic system according to claim 3, wherein the hydraulic system comprises a first bypass line (130e), the first bypass line connecting the connection to the tank chamber bypassing the manually operable pump element, and a first closing valve (128) being disposed in the first bypass line.
5. The hydraulic system according to claim 4, wherein the first closing valve is a pressure relief valve (128) or a shut-off valve.
6. The hydraulic system according to claim 3, wherein the hydraulic system comprises a second bypass line (130c), the second bypass line connecting the connection to the tank chamber bypassing the manually operable pump element, and a second closing valve (124 or 126) being disposed in the second bypass line.
7. The hydraulic system according to claim 6, wherein the second closing valve is different from the first closing valve and wherein the second closing valve is a pressure relief valve (126) or a shut-off valve (124).
8. The hydraulic system according to claim 1, wherein hydraulic system is hydraulically preloaded (spring in actuator 132 hydraulically preloads the hydraulic system), preferably via a spring preload integrated in the manually operable pump device or in an integrated hydraulic accumulator.
9. The hydraulic system according to claim 1, wherein the external device couplable to the coupling section is a tool or an external motor (102 is capable of being coupled to a tool or an external motor).
10. The hydraulic system according to claim 1, wherein the manually operable pump device comprises a pressure chamber (119), a housing (118), a drive shaft (112 coupled to piston 116 through linkages) and a piston element (116), wherein the pressure chamber is formed within the housing (apparent from Fig. 1), wherein the piston element is movably disposed in the pressure chamber (apparent from Fig. 1), wherein the drive shaft is mounted rotatably relative to the housing and is connected to the piston element, wherein a rotation of the drive shaft moves the piston element linearly in the pressure chamber (rotation of linkages 112 cause the piston 116 to linearly translate within the housing 118 as seen in Fig. 1).
11. The hydraulic system according to claim 10, wherein the piston element is guided within the housing in such a way that rotation of the piston element relative to the housing is prevented (piston 116 is guided linearly within the housing 118), or wherein the drive shaft is axially movable relative to the housing and moves together with the piston element (drive shaft 112 partially moves axially relative to 118 during its rotation/pivoting).
19. A rotor brake for a wind turbine (this recitation is an intended use recitation and does not constitute patentable weight; further, the prior art device is capable of being used in a hydraulic system for a rotor brake of a wind turbine), wherein the rotor brake has at least one brake caliber (Col. 4 lines 18-22 discloses rotor brake actuator 132 actuating calipers) and a hydraulic system according to claim 1, wherein the brake caliber is hydraulically connected to the connection of the hydraulic system (Col. 4 lines 18-38).
Claim(s) 1, 3, 8-12, 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fujiki (US 9452747).
Fujiki discloses:
1. A hydraulic system (Fig. 2) for a rotor brake of a wind turbine (this recitation is an intended use recitation and does not constitute patentable weight; further, the prior art device is capable of being used in a hydraulic system for a rotor brake of a wind turbine), wherein the hydraulic system has a manually operable pump device (2) and a connection (20) for connecting to the rotor brake (4b), wherein the manually operable pump device is connected to the pressure chamber (2e) and the connection, wherein the manually operable pump device comprises a coupling section (6b, 57) for actuation, the coupling section being connectable to an external device (BP or 5).
3. The hydraulic system according to claim 1, wherein the hydraulic system further comprises a tank chamber (RES), the tank chamber being connected to the manually operable pump device.
8. The hydraulic system according to claim 1, wherein hydraulic system is hydraulically preloaded, preferably via a spring preload integrated in the manually operable pump device (spring 2f) or in an integrated hydraulic accumulator.
9. The hydraulic system according to claim 1, wherein the external device couplable to the coupling section is a tool or an external motor (50).
10. The hydraulic system according to claim 1, wherein the manually operable pump device comprises a pressure chamber (2e), a housing (2a), a drive shaft (56) and a piston element (2b, 2c), wherein the pressure chamber is formed within the housing, wherein the piston element is movably disposed in the pressure chamber, wherein the drive shaft is mounted rotatably relative to the housing and is connected to the piston element, wherein a rotation of the drive shaft moves the piston element linearly in the pressure chamber (rotation of drive shaft 57 drives piston element 2b linearly within housing 2).
11. The hydraulic system according to claim 10, wherein the piston element is guided within the housing in such a way that rotation of the piston element relative to the housing is prevented, or wherein the drive shaft is axially movable relative to the housing and moves together with the piston element (drive shaft 57 moves axially relative to the housing 2 and moves together with the piston element 2b).
12. The hydraulic system according to claim 10 , wherein the piston element has a first piston part (2b), a second piston part (2a) and a preload element (2f), wherein the first piston part is connected to the drive shaft (first piston part 2b connected to drive shaft 57 via 58) and wherein the second piston part is connected to the first piston part via the preload element (second piston part 2c connected to first piston part 2b via spring 2f).
19. A rotor brake for a wind turbine, wherein the rotor brake has at least one brake caliper and a hydraulic system according to claim 1 (Col. 1 lines 48-57 discloses brake caliper), wherein the brake caliber is hydraulically connected to the connection of the hydraulic system.
Claim(s) 1, 3, 8-12, 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brent et al. (US 3228195), hereinafter ‘Brent’.
Brent discloses:
1. A hydraulic system for a rotor brake of a wind turbine (this recitation is an intended use recitation and does not constitute patentable weight; further, the prior art device is capable of being used in a hydraulic system for a rotor brake of a wind turbine), wherein the hydraulic system has a manually operable pump device (10) and a connection for connecting to the rotor brake (12), wherein the manually operable pump device is connected to the pressure chamber (46) and the connection (14, 21), wherein the manually operable pump device comprises a coupling section (53, 51, etc.) for actuation, the coupling section being connectable to an external device (36).
3. The hydraulic system according to claim 1, wherein the hydraulic system further comprises a tank chamber (26), the tank chamber being connected to the manually operable pump device.
8. The hydraulic system according to claim 1, wherein hydraulic system is hydraulically preloaded, preferably via a spring preload (56) integrated in the manually operable pump device or in an integrated hydraulic accumulator.
9. The hydraulic system according to claim 1, wherein the external device couplable to the coupling section is a tool (36, lever is interpreted to be a tool) or an external motor.
10. The hydraulic system according to claim 1, wherein the manually operable pump device comprises a pressure chamber (46), a housing (24), a drive shaft (38) and a piston element (34, 30), wherein the pressure chamber is formed within the housing, wherein the piston element is movably disposed in the pressure chamber, wherein the drive shaft is mounted rotatably relative to the housing and is connected to the piston element (38 rotates/pivots relative to the housing 24), wherein a rotation of the drive shaft moves the piston element linearly in the pressure chamber (rotation/pivoting of 38 drives piston element 34 linearly into the housing 24 which drives piston element 30 into the pressure chamber 46).
11. The hydraulic system according to claim 10, wherein the piston element is guided within the housing in such a way that rotation of the piston element relative to the housing is prevented, or wherein the drive shaft is axially movable relative to the housing and moves together with the piston element (drive shaft 38 partially axially moves while rotating relative to the housing 24 and moves with the piston element 34).
12. The hydraulic system according to claim 10 , wherein the piston element has a first piston part (34), a second piston part (30)and a preload element (56), wherein the first piston part is connected to the drive shaft and wherein the second piston part is connected to the first piston part via the preload element.
19. A rotor brake for a wind turbine, wherein the rotor brake has at least one brake caliper (12, 20, 16) and a hydraulic system according to claim 1, wherein the brake caliber is hydraulically connected to the connection of the hydraulic system.
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.
Claim(s) 1, 19, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kutcher (US 4449053) in view of Elving.
Regarding claim 1, 19 and 20, Kutcher discloses a wind turbine (10) with a rotor brake (102) wherein the rotor brake has at least one brake caliper (Col. 5 lines 59-68) wherein the brake caliber is hydraulically actuated (Col. 5 lines 59-61).
Kutcher does not disclose the hydraulic system according to claim 1.
However, Elving discloses a hydraulic system (Elving see Fig. 1) for a rotor, wherein the hydraulic system has a manually operable pump device (Elving 116, 118, 119, etc., manually operated via handle 102) and a connection (130f) for connecting to the rotor brake (Elving 132 is a rotor brake actuator), wherein the manually operable pump device is connected to the pressure chamber and the connection, wherein the manually operable pump device comprises a coupling section (Elving section coupled to 112) for actuation, the coupling section being connectable to an external device (Elving 102).
Since Kutcher remains silent as to the specifics of the hydraulic system that operates the rotor brake, and Elving discloses a suitable hydraulic system for operating a rotor brake, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have modified the device of Kutcher to have used the hydraulic system of Elving to actuate to rotor brake of the wind turbine of Kutcher as a matter combining prior art elements according to known methods to yield predictable results.
It is obvious to combine prior art elements according to known methods to yield predictable results. See MPEP 2143(A). The MPEP states the prior art must: (1) teach each claimed element (a method or apparatus that will be modified), (2) show that one of ordinary skill in the art could have combined the elements by known methods and that the combination doesn’t change the function of the elements, and (3) show that one of ordinary skill would have recognized that applying the known technique to the base device would yield predictable results. See MPEP 2143(A).
In this case, Kutcher teaches all elements except the hydraulic system of claim 1. Elving teaches the hydraulic system of claim 1, which has the function of hydraulically operating a brake rotor. When combined into Kutcher as the hydraulic system for the brake rotor of the wind turbine, it maintains its function of operating a brake rotor. One of ordinary skill would expect predictable results because both references pertain to operating brake rotors that function in the same manner in the environment of hydraulically operated brakes.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Kutcher in view of Elving because all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brent in view of Bakker et al. (US 7316177).
Brent discloses the hydraulic system according to claim 10, but does not disclose wherein the manually operable pump device has a locking element movable between a release position and a locking position, the locking element locking the drive shaft in the locking position in a rotationally fixed manner with respect to the housing and the drive shaft being rotatable with respect to the housing in the release position of the locking element.
However, Bakker discloses wherein the manually operable pump device (Bakker, 200) has a locking element (Bakker 360, 296) movable between a release position and a locking position, the locking element locking the drive shaft in the locking position in a rotationally fixed manner with respect to the housing and the drive shaft being rotatable with respect to the housing in the release position of the locking element (Col. 10 lines 47-64 discloses a locked position in which the handle cannot rotate with respect to the housing and an unlocked position in which the handle is able to be rotated to operate the manual pump).
It is obvious to combine prior art elements according to known methods to yield predictable results. See MPEP 2143(A). The MPEP states the prior art must: (1) teach each claimed element (a method or apparatus that will be modified), (2) show that one of ordinary skill in the art could have combined the elements by known methods and that the combination doesn’t change the function of the elements, and (3) show that one of ordinary skill would have recognized that applying the known technique to the base device would yield predictable results. See MPEP 2143(A).
In this case, Brent teaches all elements except wherein the manually operable pump device has a locking element movable between a release position and a locking position, the locking element locking the drive shaft in the locking position in a rotationally fixed manner with respect to the housing and the drive shaft being rotatable with respect to the housing in the release position of the locking element.
Bakker teaches wherein the manually operable pump device has a locking element movable between a release position and a locking position, the locking element locking the drive shaft in the locking position in a rotationally fixed manner with respect to the housing and the drive shaft being rotatable with respect to the housing in the release position of the locking element, which has the function of locking the position of the handle of the manual pump. When combined into Brent in an analogous manner, it maintains its function of locking the position of the handle of the manual pump. One of ordinary skill would expect predictable results because both references pertain to manual hand pumps that function in the same manner in the environment of pumping in fluid systems.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Brent in view of Bakker because all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Braicks (US 8047770) Col. 5 lines 44-67, col. 6 lines 1-2 discloses a controller with operator inputs to control the braking of a rotor of a wind turbine
Palma (US 4168439) disclose a wind turbine with manual or automatic controls. The manual controls allows for duplication of all automatic controls.
Yan (US 9366226) discloses a wind turbine with a rotor brake, wherein the rotor brake has at least one brake caliper and a hydraulic system, wherein the brake caliper is hydraulic connected to the connection of the hydraulic system.
Colling (US 8734104) discloses a wind turbine in which a an operator may initiate a braking method electronically or autonomously
Roed et al. (US 8123304) discloses a hydraulic rotor braking system for a wind turbine.
Tsutsumi (US 8624413) discloses: locking element 9, locks the hub 2b which locks the drive shaft 2c with respect to the housing 8; the drive shaft 2c drives the pump 20, thus the drive shaft of the pump is locked with respect to the housing.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Dustin T Nguyen whose telephone number is (571)270-0163. The examiner can normally be reached M - F: 8:00am - 4:30pm.
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/DUSTIN T NGUYEN/Primary Examiner, Art Unit 3745 December 3, 2025