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 .
Response to Arguments
Applicant’s arguments, see remarks, filed 03/30/2026, with respect to the rejection(s) of claim(s) 1-4, 6-8, 10-15, and 17-19 under 35 USC 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Mailly (US 20140356181).
Claim Objections
Applicant is advised that should claim 3 be found allowable, claim 7 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
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 11, 12, 18, and 19 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.
As is further described below, claims 11, 12, 18, and 19 do not include all the limitations of the claims they are dependent from and as such create a lack of clarity as to the limitations of the claims.
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 10 and 17 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. Claims 10 and 17 only includes limitations that are already required by claims 1 and 13 due to the new amendments. As such, claims 10 and 17 do not further limit the subject matter from which they depend. 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.
Claim 11 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 1 is already directed to a wind turbine rotor blade and claim 11 claims a new wind turbine rotor blade while also not requiring all the limitations of the rotor blade from which it depends. In order to incorporate all the limitations of the claim, claim 11 must include “the wind turbine rotor blade of claim 1”. 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.
Claim 12 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. In order to incorporate all the limitations of the claim, claim 12 must include “the wind turbine rotor blade of claim 1” instead of “the trailing edge load-shedding assembly of claim 1” as claim 1 is not simply directed towards the load-shedding assembly. 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.
Claim 18 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 13 is already directed to a wind turbine rotor blade and claim 18 claims a new wind turbine rotor blade while also not requiring all the limitations of the rotor blade from which it depends. In order to incorporate all the limitations of the claim, claim 18 must include “the wind turbine rotor blade of claim 13”. 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.
Claim 19 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. In order to incorporate all the limitations of the claim, claim 19 must include “the wind turbine rotor blade of claim 13” instead of “the trailing edge load-shedding assembly of claim 13” as claim 13 is not simply directed towards the load-shedding assembly. 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.
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) 1-4, 6-8, 10-15, and 17-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mailly (US 20140356181).
Regarding claim 1, Mailly discloses A wind turbine rotor blade comprising:
a blade body having a shape that generates a lift when impacted by an incident airflow, the blade body comprising a pressure side shell and a suction side shell joining at a leading edge, and a trailing edge (Figures 3 and 4); and
a trailing edge load-shedding assembly mechanically coupled with the trailing edge (Figure 3, item 20), the trailing edge load-shedding assembly configured to:
move from an original nominal structural position to a reversibly deformed structural position passively and self-activatedly under an application of an external load, and
move back from the deformed structural position to the original nominal structural position passively and self-activatedly on withdrawal of the external load (Figures 3 and 4 show the assembly moving between an original and deformed position. Paragraph 0018 describes the system working automatically in response to load and paragraph 0001 describes the system being passive and in response to wind-induced deformation),
wherein the trailing edge load-shedding assembly comprises:
the pressure side shell (figure 3, the bottom of 20),
the suction side shell (figure 3, the top of 20), and
a plurality of flexible passive and self-activated structural elements mechanically coupled with the pressure side shell and the suction side shell, the plurality of flexible passive and self-activated structural elements configured to:
cause the trailing edge load-shedding assembly to passively and self-activatedly move from the original nominal structural position to the deformed structural position under the external load,
cause the trailing edge load-shedding assembly to passively and self- activatedly move back from the deformed structural position to the original nominal structural position on withdrawal of the external load, and
thereby, reduce an overall load on the blade body. Multiple figures show various embodiments that meet the limitations. Figures 11-14 show a plurality of structural elements 102 and stiffener 52 that respond to the deformation and cause the items to passively and self-activatedly respond to the deformation (Pars. 0026-0030). Further, in Figure 12 the plurality of flexible structural elements could be the springs 116, 118, and 120 which are all shown to be coupled with the trailing edge system and thereby coupled to the shells. In Figure 14 the respective segment springs 140 can each be the flexible structural elements which are shown to be integrated in with each of the items 102 and as such coupled to the shells.
Regarding claim 2, Mailly discloses that the flexible passive and self-activated structural elements are configured to:
perform like a series of stiffness elements comprising spring elements under the external load,
allow the trailing edge load-shedding assembly to passively and self-activatedly move from the original nominal structural position to the deformed structural position, beyond a predetermined threshold value of the external load, without causing a static or a fatigue damage to the trailing edge load-shedding assembly, and
allow the trailing edge load-shedding assembly to passively and self-activatedly move back from the deformed structural position to the original nominal structural position, under the predetermined threshold value of the external load, without causing the static or the fatigue damage to the trailing edge load-shedding assembly. Paragraphs 0025-0030 describe each of the possible structural elements described above acting like a series of spring or stiffness elements under load as they deflect and then respond by returning to the original position. Figures 12 and 14 show specific spring elements associated with these structures as well and Figures 11 and 13 provide the stiffness elements that allow for the spring reactions required with the assistance of the stiffener 52 where the responsiveness of the stiffener 52 is described in paragraphs 0016-0019 and allows the items 102 to act as springs.
Regarding claim 3, Mailly discloses that the plurality of flexible passive and self-activated structural elements comprises a first group of end-positioned flexible structural elements and a second group of mid- positioned flexible structural elements. Figures 11-14 show a plurality of elements 102 that can be divided into two groups of end-positioned and mid-positioned elements. Further Figure 12 shows end positioned elements 122 and mid-positioned elements 116 and 118 and Figure 14 shows a plurality of elements 140 that can be divided into the two required groups.
Regarding claim 4, Mailly discloses that the end-positioned flexible structural elements cause the pressure side shell and the suction side shell to rotate and translate relative to the original nominal position of the trailing edge load-shedding assembly under the external load (See discussion of load responses in Paragraphs 0016-0019 which is provided by each and every of the structural elements).
Regarding claim 6, Mailly discloses that the mid-positioned flexible structural elements are configured to:
perform like a series of stiffness elements comprising damped elements under the external load,
allow the trailing edge load-shedding assembly to passively and self-activatedly move from the original nominal structural position to the deformed structural position, beyond a predetermined threshold value of the external load, without causing a static or a fatigue damage to the trailing edge load-shedding assembly, and
allow the trailing edge load-shedding assembly to passively and self-activatedly move back from the deformed structural position to the original nominal structural position, under the predetermined threshold value of the external load, without causing the static or the fatigue damage to the trailing edge load-shedding assembly. Paragraphs 0025-0030 describe each of the possible structural elements described above acting like a series of damping or stiffness elements under load as they deflect and then respond by returning to the original position. Spring elements are also capable of damping in the extension or return positions. Figures 12 and 14 show specific spring elements associated with these structures as well and Figures 11 and 13 provide the stiffness elements that allow for the damping reactions required with the assistance of the stiffener 52 where the responsiveness of the stiffener 52 is described in paragraphs 0016-0019 and allows the items 102 to act as dampers.
Regarding claim 7, Mailly discloses that the plurality of flexible passive and self-activated structural elements comprises a first group of end-positioned flexible structural elements and a second group of mid- positioned flexible structural elements. Figures 11-14 show a plurality of elements 102 that can be divided into two groups of end-positioned and mid-positioned elements. Further Figure 12 shows end positioned elements 122 and mid-positioned elements 116 and 118 and Figure 14 shows a plurality of elements 140 that can be divided into the two required groups.
Regarding claim 8, Mailly discloses that the end-positioned flexible structural elements cause the pressure side shell and the suction side shell to rotate and translate relative to the original nominal position of the trailing edge load-shedding assembly under the external load (See discussion of load responses in Paragraphs 0016-0019 which is provided by each and every of the structural elements).
Regarding claim 10, Mailly discloses that the trailing edge load-shedding assembly comprises a passive and self-activated trailing edge load-shedding assembly (see rejection of claim 1 above).
Regarding claim 11, Mailly discloses A wind turbine blade comprising the trailing edge load-shedding assembly of claim 1 (Paragraph 0013 and rejection of claim 1 above).
Regarding claim 12, Mailly discloses A wind turbine comprising one or more turbine blades, the one or more wind turbine blades comprising the trailing edge load-shedding assembly of claim 1 (Paragraphs 0013 and 0030 and rejection of claim 1 above).
Regarding claim 13, Mailly discloses A wind turbine rotor blade comprising:
a blade body having a shape that generates a lift when impacted by an incident airflow, the blade body comprising a pressure side shell and a suction side shell joining at a leading edge, and a trailing edge (Figures 3 and 4); and
a trailing edge load-shedding assembly mechanically coupled with the trailing edge (Figure 3, item 20), the trailing edge load-shedding assembly configured to:
move from an original nominal structural position to a reversibly deformed structural position passively and self-activatedly under an application of an external load, and
move back from the deformed structural position to the original nominal structural position passively and self-activatedly on withdrawal of the external load (Figures 3 and 4 show the assembly moving between an original and deformed position. Paragraph 0018 describes the system working automatically in response to load and paragraph 0001 describes the system being passive and in response to wind-induced deformation),
wherein the trailing edge load-shedding assembly comprises:
the pressure side shell (figure 3, the bottom of 20),
the suction side shell (figure 3, the top of 20), and
a plurality of flexible passive and self-activated structural elements mechanically coupled with the pressure side shell and the suction side shell, the plurality of flexible passive and self-activated structural elements configured to:
cause the trailing edge load-shedding assembly to passively and self-activatedly move from the original nominal structural position to the deformed structural position under the external load,
cause the trailing edge load-shedding assembly to passively and self- activatedly move back from the deformed structural position to the original nominal structural position on withdrawal of the external load, and
thereby, reduce an overall load on the blade body, (Multiple figures show various embodiments that meet the limitations. Figures 11-14 show a plurality of structural elements 102 and stiffener 52 that respond to the deformation and cause the items to passively and self-activatedly respond to the deformation (Pars. 0026-0030). Further, in Figure 12 the plurality of flexible structural elements could be the springs 116, 118, and 120 which are all shown to be coupled with the trailing edge system and thereby coupled to the shells. In Figure 14 the respective segment springs 140 can each be the flexible structural elements which are shown to be integrated in with each of the items 102 and as such coupled to the shells), and further wherein the flexible structural elements are configured to:
perform like a series of stiffness elements comprising spring elements under the external load,
allow the trailing edge load-shedding assembly to passively and self-activatedly move from the original nominal structural position to the deformed structural position, beyond a predetermined threshold value of the external load, without causing a static or a fatigue damage to the trailing edge load-shedding assembly, and
allow the trailing edge load-shedding assembly to passively and self-activatedly move back from the deformed structural position to the original nominal structural position, under the predetermined threshold value of the external load, without causing the static or the fatigue damage to the trailing edge load-shedding assembly. Paragraphs 0025-0030 describe each of the possible structural elements described above acting like a series of spring or stiffness elements under load as they deflect and then respond by returning to the original position. Figures 12 and 14 show specific spring elements associated with these structures as well and Figures 11 and 13 provide the stiffness elements that allow for the spring reactions required with the assistance of the stiffener 52 where the responsiveness of the stiffener 52 is described in paragraphs 0016-0019 and allows the items 102 to act as springs.
Regarding claim 14, Mailly discloses that the plurality of flexible passive and self-activated structural elements comprises a first group of end-positioned flexible structural elements and a second group of mid- positioned flexible structural elements. Figures 11-14 show a plurality of elements 102 that can be divided into two groups of end-positioned and mid-positioned elements. Further Figure 12 shows end positioned elements 122 and mid-positioned elements 116 and 118 and Figure 14 shows a plurality of elements 140 that can be divided into the two required groups.
Regarding claim 15, Mailly discloses that the end-positioned flexible structural elements cause the pressure side shell and the suction side shell to rotate and translate relative to the original nominal position of the trailing edge load-shedding assembly under the external load (See discussion of load responses in Paragraphs 0016-0019 which is provided by each and every of the structural elements).
Regarding claim 17, Mailly discloses that the trailing edge load-shedding assembly comprises a passive and self-activated trailing edge load-shedding assembly (see rejection of claim 13 above).
Regarding claim 18, Mailly discloses A wind turbine blade comprising the trailing edge load-shedding assembly of claim 13 (Paragraph 0013 and rejection of claim 1 above).
Regarding claim 19, Mailly discloses A wind turbine comprising one or more turbine blades, the one or more wind turbine blades comprising the trailing edge load-shedding assembly of claim 13 (Paragraphs 0013 and 0030 and rejection of claim 1 above).
Claim(s) 5, 9, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mailly (US 20140356181) in view of Bentivoglio (US 20190084665).
Regarding claim 5, Mailly discloses the limitations of claim 2 as set forth in the above 102 rejection. However, Mailly does not explicitly disclose the flexible structural elements comprising at least one of: C-web type flexible structural elements or ribbed type or corrugated type flexible structural elements.
Mailly and Bentivoglio are analogous prior art because both describe airfoil trailing edge modifying structures. Bentivoglio teaches providing ribs (Figure 3, item 41) that provide a C-shape (the limitations do not require the extent of the C-shape, so the divots in 41 provide a C), a ribbed shape (the divots in 41 provide ribs), and a corrugated shape (the limitations do not describe the spacing between corrugations so the two divots in 41 provide a corrugated shape). Bentivoglio teaches that the spars 41 provide an elastic rib and increase the stability of the panels (Par. 0052) while providing dimensional stability for the skin (Par. 0060). As Mailly already desires an internal structural element, and the inclusion of an elastic rib would help provide the necessary responsive force to allow the trailing edge to move back to the original shape, the ribs of Bentivoglio would provide predictable results in the trailing edge segment of Mailly. Thereby, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the ribs of Bentivoglio in the trailing edge of Mailly because the spars 41 provide an elastic rib and increase the stability of the panels (Par. 0052) while providing dimensional stability for the skin (Par. 0060) and combining prior art elements according to known methods is obvious with predictable results. See MPEP 2143(I)(A).
Regarding claim 9, Mailly discloses the limitations of claim 6 as set forth in the above 102 rejection. However, Mailly does not explicitly disclose the flexible structural elements comprising at least one of: C-web type flexible structural elements or ribbed type or corrugated type flexible structural elements.
Mailly and Bentivoglio are analogous prior art because both describe airfoil trailing edge modifying structures. Bentivoglio teaches providing ribs (Figure 3, item 41) that provide a C-shape (the limitations do not require the extent of the C-shape, so the divots in 41 provide a C), a ribbed shape (the divots in 41 provide ribs), and a corrugated shape (the limitations do not describe the spacing between corrugations so the two divots in 41 provide a corrugated shape). Bentivoglio teaches that the spars 41 provide an elastic rib and increase the stability of the panels (Par. 0052) while providing dimensional stability for the skin (Par. 0060). As Mailly already desires an internal structural element, and the inclusion of an elastic rib would help provide the necessary responsive force to allow the trailing edge to move back to the original shape, the ribs of Bentivoglio would provide predictable results in the trailing edge segment of Mailly. Thereby, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the ribs of Bentivoglio in the trailing edge of Mailly because the spars 41 provide an elastic rib and increase the stability of the panels (Par. 0052) while providing dimensional stability for the skin (Par. 0060) and combining prior art elements according to known methods is obvious with predictable results. See MPEP 2143(I)(A).
Regarding claim 16, Mailly discloses the limitations of claim 13 as set forth in the above 102 rejection. However, Mailly does not explicitly disclose the flexible structural elements comprising at least one of: C-web type flexible structural elements or ribbed type or corrugated type flexible structural elements.
Mailly and Bentivoglio are analogous prior art because both describe airfoil trailing edge modifying structures. Bentivoglio teaches providing ribs (Figure 3, item 41) that provide a C-shape (the limitations do not require the extent of the C-shape, so the divots in 41 provide a C), a ribbed shape (the divots in 41 provide ribs), and a corrugated shape (the limitations do not describe the spacing between corrugations so the two divots in 41 provide a corrugated shape). Bentivoglio teaches that the spars 41 provide an elastic rib and increase the stability of the panels (Par. 0052) while providing dimensional stability for the skin (Par. 0060). As Mailly already desires an internal structural element, and the inclusion of an elastic rib would help provide the necessary responsive force to allow the trailing edge to move back to the original shape, the ribs of Bentivoglio would provide predictable results in the trailing edge segment of Mailly. Thereby, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the ribs of Bentivoglio in the trailing edge of Mailly because the spars 41 provide an elastic rib and increase the stability of the panels (Par. 0052) while providing dimensional stability for the skin (Par. 0060) and combining prior art elements according to known methods is obvious with predictable results. See MPEP 2143(I)(A).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Wiehe can be reached at (571)-272-8648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THEODORE C RIBADENEYRA/ Examiner, Art Unit 3745
/NATHANIEL E WIEHE/ Supervisory Patent Examiner, Art Unit 3745
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