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 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, 3, 6-11, 13, and 15-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2014/0246862 A1 to Garcia-Sanz et al.
Garcia-Sanz et al. clearly teaches an airborne wind energy system, comprising:
a flotation module (12) comprising a lighter-than-air (LTA) shell configured to provide an inner volume and a bed region disposed beneath the LTA shell;
a stability module (106) configured to control drift and elevation of the apparatus, wherein the stability module is disposed on a surface of the flotation module;
an energy module (14) comprising a plurality of energy cells (20, 22, 24), wherein at least one energy cell comprises:
an angled axis wind turbine (20, 22, 24);
a tethered power transfer module (see paragraph [0034]) connected to an energy storage unit (see paragraph [0032]); and
a ground control module (see paragraph [0034]) equipped with sensors (see paragraphs [0050], [0062], and [0073]).
With regards to claim 3, Garcia-Sanz et al. discloses:
a processor (“onboard computer”, see paragraph [0073]);
a navigation system (“GPS”, see paragraph [0073]);
a positioning system (see paragraph [0073]);
a control system (see paragraphs [0010], [0032], [0049], [0050], [0057], [0059], [0061]-[0064], [0068]-[0070], and [0073]); and
a sensor (see paragraphs [0050], [0062], and [0073]).
With regards to claim 6, Garcia-Sanz et al. discloses:
The apparatus of claim 1, wherein the stability module comprises one or more components (108, 110, 112) configured to control the drift and the elevation.
With regards to claim 7, Garcia-Sanz et al. discloses:
a lift wing (106);
a tether (16);
a direction vane (see tail in Figure 1); and
a rudder (114).
With regards to claim 8, Garcia-Sanz et al. discloses:
a lift wing (106) on a surface of the LTA shell; and
a tether (16).
With regards to claim 9, Garcia-Sanz et al. discloses:
a central rotating shaft (32, 34), and wherein each of a plurality of blades is attached to the central rotating shaft by a respective arm (82).
With regards to claim 10, Garcia-Sanz et al. discloses:
the angled axis wind turbine comprises a plurality of blades (26) extending from the central rotating shaft (see Figures 1-5 and 7).
With regards to claim 11, Garcia-Sanz et al. discloses:
counter rotating energy cells (see paragraph [0032]).
With regards to claim 13, Garcia-Sanz et al. discloses:
the energy module further comprising one generator (36) configured to rotate the plurality of energy cells.
With regards to claim 15, Garcia-Sanz et al. discloses:
one airborne wind-driven energy-producing apparatus (see Figure 1); and
a ground station (see paragraphs [0032], [0034], [0055], [0059], [0062], [0063], [0067], and [0074]) configured to communicate with and form a tether (16, see Figure 11) with at least one airborne wind-driven energy-producing apparatus.
With regards to claim 16, Garcia-Sanz et al. discloses:
the tether is configured to transmit and receive power or energy between the at least one airborne wind-driven energy-producing apparatus.
With regards to claim 17, Garcia-Sanz et al. discloses:
the tether being configured to transmit and receive information between the at least one airborne wind-driven energy-producing apparatus.
With regards to claim 18, Garcia-Sanz et al. discloses:
the ground station comprises a motor (see paragraph [0059]) configured to extend and retract the tether between the ground station and the at least one airborne wind-driven energy-producing apparatus.
With regards to claim 19, Garcia-Sanz et al. discloses:
the ground station comprises an energy storage unit (not illustrated).
With regards to claim 20, Garcia-Sanz et al. discloses:
the ground station comprising:
a communication system (see paragraphs [0032], [0034], [0056]-[0058], and [0062]);
a weather station (see paragraph [0073]); and
a GPS (see paragraph [0073]).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 2 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2014/0246862 A1 to Garcia-Sanz et al. in view of U.S. Patent Application Publication No. 2009/0152391 A1 to McWhirk and U.S. Patent Application Publication No. 2018/0105257 A1 to Bernhardt et al.
Garcia-Sanz et al. clearly teaches an airborne wind energy system as described in paragraph 4 above, wherein the inner volume of the LTA shell comprises a lighter-than air gas (see Abstract; see paragraphs [0006], [0032], [0039], [0060], [0068]-[0071], and [0073]).
However, it fails to disclose:
a hydrophobic material disposed on an inner surface of the shell; and
a composite material and a shape memory alloy disposed on an outer surface of the shell.
McWhirk discloses a multibody aircrane, comprising:
a hydrophobic material (see paragraph [0442]) disposed on an inner surface of a shell.
Bernhardt et al. discloses an inflatable propeller, comprising:
a composite material (see paragraph [0061]) and a shape memory alloy (see paragraph [0061]) disposed on an outer surface of the shell.
It would have been obvious to one skilled in the art before the effective filling date of the invention to use the hydrophobic material disclosed by McWhirk and the composite material and a shape memory alloy disclosed by Bernhardt et al. on the airborne wind energy system disclosed by Garcia-Sanz et al., for the purpose of providing a waterproof shell and providing a shape changing inflatable body (see paragraph [0060] of Bernhardt et al.).
With regards to claim 5, Bernhardt et al. discloses:
the LTA shell to expand or contract based on a temperature gradient of an atmosphere surrounding the airborne wind-driven energy-converting apparatus.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2014/0246862 A1 to Garcia-Sanz et al. in view of U.S. Patent Application Publication No. 2022/0381220 A1 to Cammarasana, II.
Garcia-Sanz et al. clearly teaches an airborne wind energy system as described in paragraph 4 above.
However, it fails to disclose the at least one energy cell comprises a wall or guide vane configured to direct and block air to the angled axis wind turbine.
Cammarasana, II discloses a clean energy device, comprising:
at least one energy cell comprises a wall or guide vane (66, 68) configured to direct and block air to the angled axis wind turbine.
It would have been obvious to one skilled in the art before the effective filling date of the invention to use the wall of guide vane disclosed by Cammarasana, II on the airborne wind energy system disclosed by Garcia-Sanz et al., for the purpose of “funneling wind received in either of the opposing directions toward the central axis 12” (see paragraph [0041]).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2014/0246862 A1 to Garcia-Sanz et al. in view of KR 10-2013-0047450 A to Kang et al.
Garcia-Sanz et al. clearly teaches an airborne wind energy system as described in paragraph 4 above.
However, it fails to disclose an axis of the angled axis wind turbine being a vertical axis.
Kang et al. discloses a high-altitude wind power generating system with a cycloidal turbine, comprising:
an axis of the angled axis wind turbine being a vertical axis (see Figures 1 and 4).
It would have been obvious to one skilled in the art before the effective filling date of the invention to use the vertical axis orientation of a wind turbine disclosed by Kang et al. on the airborne wind energy system disclosed by Garcia-Sanz et al., for the purpose of utilizing a vertically stable turbine.
Allowable Subject Matter
Claim 4 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter.
The prior art of record, taken alone or in combination, does not teach or suggest an airborne wind-driven energy converting apparatus as recited by dependent claim 4, comprising:
a heater disposed within an internal volume of the LTA shell, wherein the heater is configured to:
heat a gas within the internal volume; and
to transmit and receive information from one or more of: a processor, a inertial measure unit, a navigation system, a positioning system, a control hub, a sensor, a power source, or a radar.
Conclusion
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/PEDRO J CUEVAS/Primary Examiner, Art Unit 2896 February 21, 2026