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 Objections
Claim 1 is objected to because of the following informalities: line 1 after amendment reads “A oncrete segment” when it should read “A concrete segment”. Appropriate correction is required.
Claims 1 and 9 are objected to because of the following informalities: the claims include dashes used as bullet points for a list in a claim where no list is necessary and the correct colons, commas, and semicolons are already provided. These should be removed so that the claim is structured as a full sentence. 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 3, 4, 8, 11, 12, 16, and 17 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 3 recites the limitation "the at least one hole" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claims 4, 8, 12, and 16 define a sequence of holes for a first and second set of holes but does not clearly define what the variables n and m are relative to. It seems that n and m are supposed to refer to a number of holes in the sequence provided but it is unclear with the current language and as such is indefinite. It should be made clear that the numbers in the sequence are intended to mean a number of holes if such is the case.
Claim 11 recites the limitation "the at least one hole" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 includes the term “and/or” in the preamble of the claim which makes it unclear if all of the claims following that recitation are optional. If those claims are optional then there are no limitations of the preamble provided and as such the claim is rendered indefinite. The examiner is interpreting this as “and” so that the claim can be examined on the merits
Claim 17 includes multiple new recitations of limitations already provided in claim 9 from which it is dependent. For example, “two vertical joints” and “tensioning elements” were already provided in claim 9. As claim 17 is dependent from claim 9, this creates lack of clarity as to if these are new recitations of new structures or are intended to refer to the limitations already described in claim 9. The limitations should be corrected to include “said” or “the” with the limitations while ensuring that the language matches claim 9.
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.
Claim(s) 1-7, 9-15, and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shen (CN 104121155).
Regarding claim 1, Shen discloses A concrete segment of a section of a tower of a wind turbine (Figure 1, described for a wind turbine in paragraph 0006), wherein the tower comprises at least the concrete section (Figure 1, item 3), an adapter (Figure 2, item 4), a plurality of tensioning elements configured to tension the tower (Figure 2, item 36, described in paragraph 0026) and a plurality of bolts configured to join the adapter to the concrete section (Figure 2, item 8); wherein the concrete section comprises:
- at least two concrete segments (Figure 3 shows each segment split at 17, described in paragraph 0022);
- at least two vertical joints configured to join the at least two concrete segments (Figure 3, item 17); wherein the concrete segment comprises:
- a height (Figures 1 and 3 show a height of each segment of the tower);
- an upper flange (Figure 2, item 4) which in turn comprises:
- a first set of holes intended to accommodate, in use, the plurality of tensioning elements (Figure 6 shows holes 36 for each tensioning element); and
- a second set of holes intended to accommodate, in use, the plurality of bolts (Figure 6, items 8); wherein the upper flange comprises a circular sector, wherein at least a part of the second set of holes is contained within the circular sector and wherein the circular sector comprises holes that are exclusively of the second set of holes (Annotated Figure 6 shows a circular sector that includes a complete cross-section of two second holes and at least part of four second holes while including no parts of any first holes. Various sectors between tensioning elements 36 can be used as the sector but one specific one is pointed to for clarity); and wherein a projection of the circular sector in a vertical direction along at least part of the height of the concrete segment defines a clearance gap without tensioning elements in a circumferential direction (Figure 5 shows each tensioning element 36 extending from the top to bottom on a cross-section, so the vertical projection of the circular sector that does not contain a tensioning element in Figure 6 would not contain it along another part of the height. It is noted that the claim does not require the lack of a tensioning element in that sector along the entire height of the tower).
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Annotated Figure 6
Regarding claim 2, Shen discloses that at least a part of the first set of holes and at least part of the second set of holes are disposed, in use, in a substantially symmetrical way with respect to the at least two vertical joints (Figure 6 shows the first and second joints being arranged symmetrically about the joints).
Regarding claim 3, Shen discloses that at least two holes of the second set of holes are disposed, in use, between each one of the at least two vertical joints and the at least one hole of the first set of holes. Figure 6 shows one second hole 8 located between the joint 35 and the first of the second holes 36 on each the top and bottom of the segment. As such, two second holes 8 are arranged between the vertical joint and at least one hole of the first set of holes. Further, this limitation only requires the second holes to be arranged between a single selected hole of the first set of holes. Because of this, every second hole not aligned circumferentially with a first hole is located circumferentially between the vertical joint and the selected first hole.
Regarding claim 4, Shen discloses a sequence of the second set of holes and the first set of holes is n, 1, n, 1, n, 1, m, 1, n, 1, n, corresponding the odd positions in the sequence to the holes of the second set of holes and the even positions in the sequence to the holes of the first set of holes, wherein n>=1 and m>=1. As n and m can be equal and Figure 6 shows the same arrangement of second holes along the entire circumferential length beginning at the first hole, this sequence is provided with both n and m equaling each other.
Regarding claim 5, Shen discloses that the second set of holes is distributed in an uneven distribution (Figure 6 shows the ends of each segment has only one second hole outside of the first hole while the remainder show about 3 second holes between first holes which creates an uneven distribution. Further, it is not described what the uneven distribution is relative to, so an arrangement with a differing number of second holes to one side than the other provides an uneven distribution).
Regarding claim 6, Shen discloses a greater number of holes of the second set of holes than a number of holes of the first set of holes (Figure 6), wherein the holes of the first set of holes and the holes of the second set of holes are distributed in an uneven distribution. As described above, these limitations do not say what the uneven distribution is relative to. Figure 6 shows a larger gap in 35 for both the first and second holes relative to the rest of the circumferential length which creates an uneven distribution. Further, if an angle is selected at any other point than the four cardinal directions for the distribution, it would create an uneven distribution of the two halves at the angle selected.
Regarding claim 7, Shen discloses that the uneven distribution of holes comprises a first group of holes of the second set of holes and at least a second group of holes of the second set of holes and at least a first group of holes of the first set of holes, wherein first group of holes of the second set of holes is substantially greater in number than the at least a second group of holes of the second set of holes and the at least first group of holes of the first set of holes. As described in the rejection of claim 6 above, there is no clear dividing line required by the claim to determine the symmetrical nature or groups of holes. As such, Annotated Figure 6 provides an abstract dividing line where an uneven distribution is provided. A number of holes in the first group of holes shown located between the dividing line and the vertical joint is substantially larger than a number of holes in the second group of holes located between the dividing line and the other vertical joint. There are no limitations provided for how large “substantially” must be so as long as at least one more hole is provided on one side than the other the limitations are disclosed.
Regarding claim 9, Shen discloses An adapter of a tower of a wind turbine (Figure 1, wherein the tower comprises the adapter (Figure 1, item 4), a concrete section (Figure 1, item 3), a plurality of tensioning elements configured to tension the tower (Figure 2, item 36, described in paragraph 0026) and a plurality of bolts configured to join the adapter to the concrete section (Figure 2, item 8);
wherein the concrete section comprises:
- at least two concrete segments comprising a height (Figure 3 shows each segment split at 17, described in paragraph 0022);
- at least two vertical joints configured to join the at least two concrete segments (Figure 3, item 17); and wherein the adapter comprises:
- a lower flange (Figure 4) which in turn comprises:
- a first set of holes intended to accommodate, in use, the plurality of tensioning elements (Figure 6 shows holes 36 for each tensioning element); and
- a second set of holes intended to accommodate, in use, the plurality of bolts (Figure 6, items 8); wherein the lower flange comprises a circular sector, wherein at least a part of the second set of holes is contained within the circular sector and wherein the circular sector comprises holes that are exclusively of the second set of holes (Annotated Figure 6 shows a circular sector that includes a complete cross-section of two second holes and at least part of four second holes while including no parts of any first holes. Various sectors between tensioning elements 36 can be used as the sector but one specific one is pointed to for clarity); and wherein a projection, in use, of the circular sector in a vertical direction along at least part of the height of the concrete segment defines a clearance gap without tensioning elements in a circumferential direction (Figure 5 shows each tensioning element 36 extending from the top to bottom on a cross-section, so the vertical projection of the circular sector that does not contain a tensioning element in Figure 6 would not contain it along another part of the height. It is noted that the claim does not require the lack of a tensioning element in that sector along the entire height of the tower).
Regarding claim 10, Shen discloses that at least a part of the first set of holes and at least part of the second set of holes are disposed, in use, in a substantially symmetrical way with respect to the at least two vertical joints (Figure 6 shows the first and second joints being arranged symmetrically about the joints).
Regarding claim 11, Shen discloses that at least two holes of the second set of holes are disposed, in use, between each one of the at least two vertical joints and the at least one hole of the first set of holes. Figure 6 shows one second hole 8 located between the joint 35 and the first of the second holes 36 on each the top and bottom of the segment. As such, two second holes 8 are arranged between the vertical joint and at least one hole of the first set of holes. Further, this limitation only requires the second holes to be arranged between a single selected hole of the first set of holes. Because of this, every second hole not aligned circumferentially with a first hole is located circumferentially between the vertical joint and the selected first hole.
Regarding claim 12, Shen discloses a sequence of the second set of holes and the first set of holes is n, 1, n, 1, n, 1, m, 1, n, 1, n, corresponding the odd positions in the sequence to the holes of the second set of holes and the even positions in the sequence to the holes of the first set of holes, wherein n>=1 and m>=1. As n and m can be equal and Figure 6 shows the same arrangement of second holes along the entire circumferential length beginning at the first hole, this sequence is provided with both n and m equaling each other.
Regarding claim 13, Shen discloses that the second set of holes is distributed in an uneven distribution (Figure 6 shows the ends of each segment has only one second hole outside of the first hole while the remainder show about 3 second holes between first holes which creates an uneven distribution. Further, it is not described what the uneven distribution is relative to, so an arrangement with a differing number of second holes to one side than the other provides an uneven distribution).
Regarding claim 14, Shen discloses a greater number of holes of the second set of holes than a number of holes of the first set of holes (Figure 6), wherein the holes of the first set of holes and the holes of the second set of holes are distributed in an uneven distribution. As described above, these limitations do not say what the uneven distribution is relative to. Figure 6 shows a larger gap in 35 for both the first and second holes relative to the rest of the circumferential length which creates an uneven distribution. Further, if an angle is selected at any other point than the four cardinal directions for the distribution, it would create an uneven distribution of the two halves at the angle selected.
Regarding claim 15, Shen discloses that the uneven distribution of holes comprises a first group of holes of the second set of holes and at least a second group of holes of the second set of holes and at least a first group of holes of the first set of holes, wherein first group of holes of the second set of holes is substantially greater in number than the at least a second group of holes of the second set of holes and the at least first group of holes of the first set of holes. As described in the rejection of claim 6 above, there is no clear dividing line required by the claim to determine the symmetrical nature or groups of holes. As such, Annotated Figure 6 provides an abstract dividing line where an uneven distribution is provided. A number of holes in the first group of holes shown located between the dividing line and the vertical joint is substantially larger than a number of holes in the second group of holes located between the dividing line and the other vertical joint. There are no limitations provided for how large “substantially” must be so as long as at least one more hole is provided on one side than the other the limitations are disclosed.
Regarding claim 17, Shen discloses A wind turbine (Figure 1, described for a wind turbine in paragraph 0006) comprising a tower of a wind turbine comprising the adapter of claim 9 and/or a concrete section comprising at least two concrete segments and at least two vertical joints configured to join the at least two concrete segments, tensioning elements configured to tension the tower and bolts configured to join the adapter to the concrete section (See rejection of claim 9 above where all these limitations were addressed).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892. The examiner has cited various wind turbine tower and tensioning element and bolt arrangements for the structures.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THEODORE C RIBADENEYRA whose telephone number is (469)295-9164. The examiner can normally be reached Mon-Fri 9:00-5:00 (CT).
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/THEODORE C RIBADENEYRA/ Examiner, Art Unit 3745
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