DETAILED ACTION
Preliminary Amendment
Preliminary Amendment of 18 February 2025 has been entered.
Claim Objections
Claims 1 and 3 are objected to because of the following informalities.
Claim 1 recites “determining a measured bending moment and/or a measured axial force based on measured values from a strain sensor of the rotor blade and of a blade load measurement system and an adjustment parameter set with initial adjustment parameter values associated with the blade load measurement system” (emphasis added); it appears the claim should recite “… of the rotor blade [[and]] of a blade load measurement system …”. Note similar claim limitations in claim 9 are recited as in the recommended form.
Claim 3 recites “the determining a reference bending moment and or a reference axial force” (emphasis added); it appears the claim should recite “the determining a reference bending moment and/or a reference axial force”.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “computing device … remote computing device” in claim 8, “first unit for measuring … second unit for determining … third unit for determining … fourth unit for adapting” in claim 9, “pitch application unit … setting unit” in claim 11, “fifth unit for rejecting” in claim 12, and “first unit for measuring … second unit for determining … third unit for determining … fourth unit for adapting” in claim 13.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-13 and 15 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 “a blade load measurement system comprising a strain sensor” and also recites “based on measured values from a strain sensor of the rotor blade and of a blade load measurement system” (emphasis added); it is not clear if the second recitation of a strain sensor and a blade load measurement system refer to the previously recited strain sensor and blade load measurement system or to additional and different ones.
Claims 2-8 and 15 depend from claim 1 and fail to remedy its deficiencies.
Claims 8-9 and 11-13 recite the limitations “computing device … remote computing device” in claim 8, “first unit for measuring … second unit for determining … third unit for determining … fourth unit for adapting” in claim 9, “pitch application unit … setting unit” in claim 11, “fifth unit for rejecting” in claim 12, and “first unit for measuring … second unit for determining … third unit for determining … fourth unit for adapting” in claim 13 which invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed functions and to clearly link the structures, materials, or acts to the functions. The specification is devoid of adequate structures to perform the claimed functions. In particular, there is no disclosure of any particular structures, either explicitly or inherently, to perform the computing, remote computing, measuring, determining, determining, adapting, pitch application, setting, rejecting, measuring, determining, determining, adapting. Note the specification only repeats the functions word for word from the claims.
Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim 10 depends from claim 9 and fails to remedy its deficiencies.
Claim 15 recites “a wind turbine” and depends from claim 1 which recites “a wind turbine”; it is not clear if a wind turbine in claim 15 refers to the same wind turbine recited in claim 1 or to an additional and different one.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 8-13 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
As described above, the disclosure does not provide adequate structure to perform the claimed functions of computing, remote computing, measuring, determining, determining, adapting, pitch application, setting, rejecting, measuring, determining, determining, adapting. The specification does not demonstrate that applicant has made an invention that achieves the claimed functions because the invention is not described with sufficient detail that one of ordinary skill in the art can reasonably conclude that the inventor had possession of the claimed invention.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 3 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 3 recites “and instead of performing the adapting, the adjustment parameter values are adapted”. Note that the performing the adapting is a step claimed in claim 1 and claim 3 is removing said step for another step, therefore, claim 3 fails to include all the limitations of claim 1 upon which claim 3 depends.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
Claims 1 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 2, 4-7 and 15 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claim 14 is allowed.
The following is a statement of reasons for the indication of allowable subject matter.
The following claim limitations were not found in the prior art.
A method comprising: measuring an acceleration of a rotor blade with an acceleration sensor; determining a reference bending moment of the rotor blade and/or a reference axial force based on the acceleration; determining a measured bending moment and/or a measured axial force based on measured values from a strain sensor of the rotor blade of a blade load measurement system and an adjustment parameter set with initial adjustment parameter values associated with the blade load measurement system; determining a deviation of the reference bending moment and/or the reference axial force from the measured bending moment and/or the measured axial force, respectively; and adapting the initial adjustment parameter values of the adjustment parameter set for the blade load measurement system such that the deviation is less than or equal to a threshold value (as in the context of claims 1 and 14).
A relevant prior art reference (Slot – US 20120292905 A1 & US 9,353,727 B2) discloses a method of in situ calibrating load sensors of a wind turbine blade (¶1) including: determining a reference bending moment of the rotor blade and/or a reference axial force based on acceleration (¶9, step d; ¶20 and ¶27); determining a measured bending moment and/or a measured axial force based on measured values from a strain sensor of the rotor blade of a blade load measurement system (¶9, step c; ¶26); determining a deviation of the reference bending moment and/or the reference axial force from the measured bending moment and/or the measured axial force (¶9, step e); however, there is no disclosure about adapting initial adjustment parameter values of an adjustment parameter set for the blade load measurement system such that the deviation is less than or equal to a threshold value.
Another relevant prior art reference (Andersen et al – US 20240271597 A1 & US 12,297,809 B2) discloses a wind turbine and a method for aligning a nacelle of a wind turbine with a target yaw angle (¶2) including: determining a reference bending moment and/or a reference axial force based on acceleration (¶37); determining a measured bending moment and/or a measured axial force based on measured values from a strain sensor of a load measurement system (¶37); determining a deviation of the reference bending moment and/or the reference axial force from the measured bending moment and/or the measured axial force (¶40); however, there is no disclosure about adapting initial adjustment parameter values of an adjustment parameter set for a blade load measurement system such that the deviation is less than or equal to a threshold value.
No other prior art reference was found that would anticipate or allow establishing a prima facie case of obviousness in view of the cited prior art above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUAN G FLORES whose telephone number is (571)272-3486. The examiner can normally be reached Monday - Friday, 8:30am - 5:30pm Pacific Time.
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/JUAN G FLORES/Primary Examiner, Art Unit 3745
