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 .
Claims 1-15 are currently pending. Claims 1-4, 8, 10-12, and 15 are allowed. Claims 5 and 9 are objected to. Claims 6-7 and 13-14 are rejected.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on June 06, 2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The abstract of the disclosure is objected to because it contains reference characters and a reference to the drawings.
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claims 5 and 9 are objected to because of the following informalities:
Regarding Claim 5, Line 4 recites “suction surface (28)”. Line 5 recites “suction surface (20)”. Previously, the reference numeral for suction surface appears to be (18).
Regarding Claim 9, Lines 2 and 3 recite “in chord direction”. With respect to grammar, this phrase appears to be missing articles.
Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
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.
Claims 6-7 and 13-14 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.
Regarding Claim 6, Line 5 recites “wherein the negative angle or the positive angle”. There is insufficient antecedent basis in the claim for these limitations, since they have not been previously recited. See the dependency upon Claim 1 . It is unclear what angles the claim refers to.
Regarding Claims 13 and 14, Lines 6-7 of Claim 13 and Lines 3-4 of Claim 14 recite a range followed by “preferably” and “more preferably” ranges. A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, Claim 13 recites the broad recitation “between 0%L and 60%L”, and the claim also recites “preferable between 5%L and 50%L, more preferably between 10%L and 40%L” which is the narrower statement of the range/limitation, Claim 14 recites the broad recitation “at least 10%L”, and the claim also recites “preferably at least 15%L, more preferably at least 20%L” which is the narrower statement of the range/limitation. The claims are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim 7 is subsequently rejected for its dependency upon a previously rejected claim.
Allowable Subject Matter
Claims 1-4, 8, 10-12, 15 are allowed.
Claims 5 and 9 are objected to.
Claims 6-7 and 13-14, as far as they are definite and understood, 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.
Regarding Claim 1, Figures 7-8 of Fukami (EP 3009669 A1, filed with IDS of June 06, 2025) teach a flow modifying element (40) for a wind turbine blade (2, see Figure 2, 4 for full blade), wherein the wind turbine blade comprises a blade body having a leading edge (24), a suction surface (20), and a pressure surface (22), wherein the flow modifying element (40) is configured to provide a trailing edge (30) for at least a longitudinal section of the wind turbine blade (2), wherein the flow modifying element (40) and the blade body (of 2) form an aerodynamic profile, wherein the flow modifying element (40) comprises: a trailing end (end at 30) that provides the trailing edge (30) of the aerodynamic profile; a suction surface extending section (26) configured to extend the suction surface of the blade body towards the trailing end (at 30); and a pressure surface extending section (28) configured to extend the pressure surface of the blade body towards the trailing end (at 30).
Figure 7 shows wherein the trailing end (at 30) of the flow modifying element (40) is configured to be arranged, in a direction towards the suction side (20), above an extrapolation of the pressure surface (extension of 22 towards the right) of the blade body. Figure 8 shows wherein the pressure surface extending section (28) is shaped to provide in the aerodynamic profile a first pressure side profile section that approximates a convex curve (see region around where 28 points) and a second pressure side profile section that approximates a concave curve (see region around where 22 points, the corresponding portion of 28 aligned in the vertical direction). However, these are disclosed as alternative embodiments and there does not appear to be a reason to combine the two features of the alternatives to arrive at a combination with both features as in the claimed invention [0077-0078]. Pg. 23 of the Specification for the instant application filed June 06, 2025 explains the disclosed flow modifying element is a simple add-on feature that provides improved aerodynamic performance. Since the art of record does not teach the claimed shape of the flow modifying element, it would not have the aerodynamic performance of the claimed invention.
Figure 10C of Perry et al. (US 5,492,448 A) teaches a turbine blade wherein the trailing edge portion has a pressure side (23) with a first pressure side profile section that approximates a convex curve (27) and a second pressure side profile section that approximates a concave curve (29) (Col. 8, Lines 9-15). However, what is disclosed is part of the turbine blade itself rather than a flow modifying element. Even if the trailing edge portion were separated to form a flow modifying element, there is no guarantee that the separation will be at a location that has the modifying element with the convex and concave portions. There is additionally no indication that the trailing end of the modifying element would be above the extrapolation of the pressure surface as required of the claim. Therefore, Claim 1 is considered patentable over Perry as well.
Claims 2-15 subsequently depend upon Claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Grasso (US 2018/0238298 A1), Egedal et al. (US 2018/0058424 A1), Dixon et al. (US 2015/0050154 A1), Fukami (US 8,419,373 B1) also disclose trailing edge add-ons, exemplifying the state of the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELTON K WONG whose telephone number is (408)918-7626. The examiner can normally be reached Mon-Fri 8:00AM - 5:00PM PST.
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/ELTON K WONG/Primary Examiner, Art Unit 3745
