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 .
Election/Restrictions
Claims 8-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected inventions, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on November 25th, 2025. The traversal is on the ground(s) that the restriction is not proper because the processes cannot be practiced by a different apparatus and the apparatus cannot be utilized in another process, and there is not an undue burden placed upon the Examiner. This is not found persuasive because as was previously argued in the original restriction requirement, the process does not require a pump and therefore can be practiced by another materially different apparatus. With respect to the undue search burden, the Examiner provided independent and distinct classification areas for each of the recited inventions, and since these are distinct areas of search, there would be an undue search burden placed upon the Examiner.
The requirement is still deemed proper and is therefore made FINAL.
Additionally, the Examiner notes that in the event of an allowable invention, the previously withdrawn claims can potentially be rejoined if they include all of the allowable subject matter.
Drawings
The drawings are objected to because photographs and color drawings are not accepted in utility applications unless a petition filed under 37 CFR 1.84(a)(2) is granted. Any such petition must be accompanied by the appropriate fee set forth in 37 CFR 1.17(h), one set of color drawings or color photographs, as appropriate, if submitted via the USPTO patent electronic filing system or three sets of color drawings or color photographs, as appropriate, if not submitted via the via USPTO patent electronic filing system, and, unless already present, an amendment to include the following language as the first paragraph of the brief description of the drawings section of the specification:
The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.
Color photographs will be accepted if the conditions for accepting color drawings and black and white photographs have been satisfied. See 37 CFR 1.84(b)(2).
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 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Smith (US 10036424) in view of Ayyildiz (WO 2024132324) and Thomsen (EP 2808097).
Regarding claim 1;
Smith discloses a method of purging used grease from a main bearing of a main shaft of a wind turbine (Figures 1 and 3), the method comprising: removing at least one bearing inspection plate from a main bearing cover of the wind turbine to provide a main bearing access opening without removing the main bearing cover from the main bearing (removal of side plate of bearing housing 306; “cover” not removed because the other side of the bearing housing stays on, in addition to 306 not being removed, and Smith discusses utilizing “7” as a permanent fixture of the wind turbine bearing, or just placing it at the opening without removing any housing pieces of the bearing in Col. 4, Line 62 to Col. 5, Line 7); affixing at least one adapter plate (7) to the main bearing access opening (see Figure 4A); delivering a cleaning fluid to the main bearing via the at least one adapter plate (cleaning fluid delivered through 6); and draining the used grease from a drain port in the main bearing cover (“…a drain from the bearing housing might be used”; as above, the main bearing housing as a whole is interpreted as the bearing cover which was not removed and now contains the drain port).
Smith fails to teach that the cleaning fluid is delivered while causing the wind turbine main shaft to rotate.
Ayyildiz teaches a wind turbine bearing purging mechanism. An adapter plate (202, 203) is attached to the bearing housing and cleaning fluid is injected into the bearing. Additionally, Ayyildiz teaches that when the shaft is rotated the bearings are rotated (Page 16, Lines 20-33). Thomsen teaches a method of purging hardened grease and sludge from a bearing and bearing housing, and Thomsen further teaches “In order to facilitate the removal of the hardened sludge, the bearing may be rotated during circulation of the purging fluid through the bearing” (Paragraph 22).
Because Ayyildiz teaches that with a bearing cover arrangement for purging grease whereby the rotating of the shaft implies rotating of the bearing and vice versa, and because Thomsen teaches a method of purging grease from a bearing by rotating the bearing with the injection of the cleaning fluid, it therefore would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Smith such that the cleaning fluid is delivered while causing the wind turbine main shaft to rotate as taught by Ayyildiz and Gonzalez for the purposes of facilitating the removal of hardened grease and sludge.
Regarding claim 2, Smith in view of Ayyildiz and Thomsen teaches the method according to claim 1 above. Smith further discloses wherein removing the at least one bearing inspection plate from the main bearing cover of the wind turbine comprising removing the at least one bearing inspection plate from a downwind side of a housing of the main bearing (adapter plate is placed on the downwind side of the bearing, and thereby the inspection plate is removed from the downwind side of the bearing housing).
Regarding claim 3, Smith in view of Ayyildiz and Thomsen teaches the method according to claim 1 above. Smith further discloses the steps of delivering of the cleaning fluid to the main bearing and draining the used grease from the drain port are repeated for at least two cycles (process is repeated multiple times along the adapter plate around the circumference; see claim 1).
Regarding claim 4;
Smith in view of Ayyildiz and Thomsen teaches the method according to claim 3 above.
Smith fails to teach each of the at least two cycles comprises delivering 55 gallons of cleaning fluid.
At the top of MPEP 2144.04, it explains that various modifications, including changes in size and proportion, are “common practices which the court has held normally require only ordinary skill in the art and hence are considered routine expedients.” Specifically, §§IV. A cites, Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), wherein the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. The applicant has not disclosed that having the delivery of 55 gallons of cleaning fluid for each of the at least two cycles solves any stated problem or is for any particular purpose above the fact that this was the quoted amount of fluid. Further, there is no readily apparent significance or advantage to this limitation, and it is apparent that the amount of cleaning fluid can vary depending on how much is required for to purge the bearing. Thus, the method having the claimed amount of cleaning fluid would not perform differently than the prior art device. 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 method of Smith such that each of the at least two cycles comprises delivering 55 gallons of cleaning fluid as this modification does not patentably distinguish the claimed method, nor perform differently, and thus the modification of the amount of cleaning fluid would have been obvious for the purposes of sufficiently purging the bearing of grease.
Regarding claim 5;
Smith in view of Ayyildiz and Thomsen teaches the method according to claim 1 above. Smith further discloses utilizing a hydraulic line for delivering the cleaning fluid (sprayer 6 fixed to hydraulic delivery line).
Smith fails to teach attaching the hydraulic line to the at least one adapter plate.
Ayyildiz teaches the attachment of a hydraulic line (220) to the adapter plate (202) through attachment parts (225) at the holes (204).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Smith such that the hydraulic line is attached to the at least one adapter plate for the purposes of affixing the delivery line without requiring maintenance holding the line, thereby allowing for operation of the system hands free.
Regarding claim 6, Smith in view of Ayyildiz and Thomsen teaches the method according to claim 1 above. Smith further discloses inserting a borescope into the main bearing access opening; and inspecting at least one bearing using the borescope (see step 7, borescope is inserted and assesses the level of purging).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Smith (US 10036424) in view of Ayyildiz (WO 2024132324) and Thomsen (EP 2808097), and further in view of Kobayashi (US 20130284539).
Smith in view of Ayyildiz and Thomsen teaches the method according to claim 1 above. Smith further discloses providing a supply of new grease to the main bearing while the main shaft of the wind turbine is stopped (Smith discloses hand packing the grease which would have the shaft stopped).
Smith fails to teach continuing to provide the supply of new grease to the main bearing while casing the main shaft of the wind turbine to rotate.
Kobayashi teaches a grease supply system for a bearing of a wind turbine which provides a supply of grease to the bearing while the main shaft of the wind turbine rotates (Paragraph 29).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Smith such that continuing to provide the supply of new grease to the main bearing while casing the main shaft of the wind turbine to rotate as taught by Kobayashi for the purposes of replenishing the lubrication as a function of the rotating speed of the main shaft, establishing a minimum amount of grease to serve as a friction reducing function.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN D SEABE whose telephone number is (571)272-4961. The examiner can normally be reached Monday-Friday, 9:00-5:30.
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/JUSTIN D SEABE/Primary Examiner, Art Unit 3745