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 .
Information Disclosure Statement
Copies of the Foreign Patent Documents and Non-Patent Literature Documents on the IDS of 14 July 2025 were included in US application 17/784,051, of which this current application is a Continuation.
Response to Arguments
Applicant's arguments filed 27 August 2026 have been fully considered but they are not persuasive.
Applicant argues that Bezbradica modified by Peng does not explicitly disclose the newly amended subject matter to independent claims 1 and 9. However, as shown below, Peng considers the wind data, or load on each turbine. Based on this data, Peng teaches replacing the turbines with those that are at least the same in section 4.4.1, and then considers improving on the size in section 4.4.3). While it is true that Peng also teaches optimizing the wind farm according to LCoE, it would be negligent not to consider the load on a replacement wind turbine. Peng, at a minimum considers replacing each turbine with the same turbine. Further, it is within routine skill in the art to replace a wind turbine with a new turbine that can handle the load it is expected to experience. The alternative would result in costly damage to the new turbine, which would defeat the purpose of repowering the wind farm in the first place.
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.
Claims 1-3, 5-11, and 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over Bezbradica et al. (“Bezbradica”; Introducing multi-criteria decision analysis for wind farm repowering: A case study on Gotland, IEEE, 2016), in view of Peng et al. (“Peng”; Offshore wind farm repowering optimization, APPLIED ENERGY, 2017) and Schellings (US 2008/0001409).
Regarding claim 1: Bezbradica discloses a method for planning repowering of a wind energy plant positioned at a site, the wind energy plant comprising a plurality of original wind turbines arranged at distributed positions within the site (see A, page 2, right column, and B and C, page 3, left column), the method comprising:
retrieving historical data for the original wind turbines, the historical data being collected over a previous time period and during operation of the original wind turbines (A, page 2, left column and ‘2’ on page 4, top of left column), wherein the historical data comprises:
first data (i) collected by load sensors in the original wind turbines during the previous time period and (ii) indicating loads experienced by the original wind turbines during operation of the original wind turbines during the previous time period (‘Wind field data’ in ‘2’ on page 4, the wind field is inherently a load on the wind turbine); and
estimating meteorological conditions at the site of the wind energy plant, based on the retrieved historical data (‘2’ page 4, left column); and
planning repowering of the wind energy plant, based on the estimated meteorological conditions, including planning replacement of the original wind turbines by replacement wind turbines (B and C, page 3, left column).
Bezbradica does not explicitly disclose second data (i) collected by temperature sensors in the original wind turbines during the previous time period and (ii) indicating temperatures of components of the original wind turbines during operation of the original wind turbines during the previous time period and third data (i) collected by sensors at the site and (ii) indicating wind conditions at the site during operation of the original wind turbines during the previous time period; estimating, based on the first data, expected loads on replacement wind turbines to be positioned at the positions of the original wind turbines; estimating meteorological conditions at each of the distributed positions within the site of the wind turbine energy plant using the first, second data, and the third data rather than data indicating wind conditions at another site different from the site, wherein the meteorological conditions comprises wind-specific parameters and non-wind specific parameters, and planning repowering based on the estimated expected loads on the replacement wind turbines, wherein estimating the expected loads comprises estimating, based on loads indicated by the first data for a respective original wind turbine, loads that a respective replacement wind turbine to be positioned at the position of the respective original wind turbine is expected to experience throughout an entire design lifetime of the respective replacement wind turbine, and wherein planning the repowering comprises selecting, for the respective replacement wind turbine and based on an expected load level represented by the expected loads, a wind turbine type designed for the expected load level.
However, Schellings discloses second data (i) collected by temperature sensors (step 410, Fig. 6) in the original wind turbines during the previous time period (paragraph 0035 – yield parameters can be loads or component temperature) and (ii) indicating temperatures of components of the original wind turbines during operation of the original wind turbines during the previous time period (paragraph 0041),
third data (i) collected by sensors at the site and (ii) indicating wind conditions at the site during operation of the original wind turbines during the previous time period (paragraph 0041), and
estimating meteorological conditions at the site of the wind turbine energy plant using the first, second data, and the third data rather than data indicating wind conditions at another site different from the site (as Bezbradica teaches the meteorological conditions and Schellings teaches using the specific data, Bezbradica modified by Schellings teaches this, see Schellings paragraph 0042 and 418 in Fig. 6, the turbines are optimized based on the previous, historical data), wherein the meteorological conditions comprises wind-specific parameters and non-wind specific parameters (paragraph 0041 – meteorological conditions can be he actual wind speed, turbulence intensity, wind direction, air pressure, or temperature);
And, Peng discloses estimating, based on the first data, expected loads on replacement wind turbines for the original wind turbines arranged at the distributed positions within the site (Fig 6a-d, Fig. 6 is a simulation of how replacement wind turbines would operate based on current wind farm data, including wind speed, which is a load on the original wind turbines, see section 4.3, 4.4.1, and 4.4.2);
planning repowering based on the estimated expected loads on the replacement wind turbines (section 4.4.2, Table 4); and
wherein estimating the expected loads comprises estimating, based on loads indicated by the first data for a respective original wind turbine, loads that a respective replacement wind turbine to be positioned at the position of the respective original wind turbine is expected to experience throughout an entire design lifetime of the respective replacement wind turbine (sections 4.2 and 4.3 show the load on the original turbines during their design lifetime), and
wherein planning the repowering comprises selecting, for the respective replacement wind turbine and based on an expected load level represented by the expected loads, a wind turbine type designed for the expected load level (as 4.4 discusses, at a minimum replacing each turbine with the same turbine, based on the wind data discussed in sections 4.2 and 4.3).
Therefore, it would have been obvious for one of ordinary skill in the art, at the time of the effective filing date of the invention to modify the repowering of Bezbradica to include the estimating and two groups of Peng in order to understand how the replacement wind turbines will behave in different scenarios (section 4.4.2) and to make the control more robust and to modify the data and estimating meteorological conditions of Bezbradica to include the data and meteorological data of Schellings in order to make the repowering more robust by using additional data points.
Regarding claim 2: Bezbradica modified by Schellings disclose non-wind specific parameters, Schellings further discloses the non-wind specific parameters comprise one or more of: temperature; air pressure; humidity; and precipitation (paragraph 0042: “air pressure, or temperature”).
Regarding claim 3: Bezbradica discloses estimating expected performance of the replacement wind turbines based on the retrieved historical data (‘2’, page 4, left column, for example, data from 1994 to 2003).
Regarding claim 5: Bezbradica discloses estimating meteorological conditions comprises deriving an expected wind field at the site (2 on page 4, left column – a wind field is simulated).
Regarding claim 6: Bezbradica discloses the historical data related to the original wind turbines is retrieved from a data storage (as data is stored in a data storage).
Regarding claim 7: Bezbradica discloses replacing the original wind turbines with replacement wind turbines in accordance with the planned repowering (B, page 2 left column).
Regarding claim 8: Bezbradica discloses planning repowering of the wind energy plant comprises planning to reuse one or more parts of the original wind turbines in one or more of the replacement wind turbines (B, page 2 left column).
Regarding claim 9: Bezbradica discloses a method for planning repowering of a wind energy plant positioned at a site, the wind energy plant comprising a plurality of original wind turbines arranged at distributed positions within the site (see A, page 2, right column, and B and C, page 3, left column), the method comprising:
retrieving historical data for the original wind turbines, the historical data being collected over a previous time period and during operation of the original wind turbines (A, page 2, left column and ‘2’ on page 4, top of left column), wherein the historical data comprises:
first data (i) collected by load sensors in the original wind turbines during the previous time period and (ii) indicating loads experienced by the original wind turbines during operation of the original wind turbines during the previous time period (‘Wind field data’ in ‘2’ on page 4, the wind field is inherently a load on the wind turbine); and
estimating meteorological conditions at the site of the wind energy plant, based on the retrieved historical data (‘2’ page 4, left column); and
planning repowering of the wind energy plant, based on the estimated meteorological conditions, including planning replacement of the original wind turbines by replacement wind turbines (B and C, page 3, left column).
Bezbradica does not explicitly disclose second data indicating wind conditions at the site during operation of the original wind turbines during the previous time period; estimating, based on first data, expected loads on replacement wind turbines to be positioned at the positions of the original wind turbines; estimating meteorological conditions at each of the distributed positions within the site of the wind turbine energy plant using the first, second data, and the third data rather than data indicating wind conditions at another site different from the site, wherein the meteorological conditions comprises wind-specific parameters and non-wind specific parameters, and planning repowering based on the estimated expected loads on the replacement wind turbines, wherein estimating the expected loads comprises estimating, based on loads indicated by the first data for a respective original wind turbine, loads that a respective replacement wind turbine to be positioned at the position of the respective original wind turbine is expected to experience throughout an entire design lifetime of the respective replacement wind turbine, and wherein planning the repowering comprises selecting, for the respective replacement wind turbine and based on an expected load level represented by the expected loads, a wind turbine type designed for the expected load level.
However, Schellings discloses second data indicating wind conditions at the site during operation of the original wind turbines during the previous time period (paragraph 0041), and
estimating meteorological conditions at the site of the wind turbine energy plant using the first, second data, and the third data rather than data indicating wind conditions at another site different from the site (as Bezbradica teaches the meteorological conditions and Schellings teaches using the data, Bezbradica modified by Schellings teaches this, see Schellings paragraph 0042 and 418 in Fig. 6, the turbines are optimized based on the previous, historical data), wherein the meteorological conditions comprises wind-specific parameters and non-wind specific parameters (paragraph 0041 – meteorological conditions can be he actual wind speed, turbulence intensity, wind direction, air pressure, or temperature);
And, Peng discloses estimating, based on the first data, expected loads on replacement wind turbines for the original wind turbines arranged at the distributed positions within of the original wind turbines (Fig 6a-d, Fig. 6 is a simulation of how replacement wind turbines would operate based on current wind farm data, including wind speed, which is a load on the original wind turbines, see section 4.3, 4.4.1, and 4.4.2);
planning repowering based on the estimated expected loads on the replacement wind turbines (section 4.4.2, Table 4), and
wherein estimating the expected loads comprises estimating, based on loads indicated by the first data for a respective original wind turbine, loads that a respective replacement wind turbine to be positioned at the position of the respective original wind turbine is expected to experience throughout an entire design lifetime of the respective replacement wind turbine (sections 4.2 and 4.3 show the load on the original turbines during their design lifetime), and
wherein planning the repowering comprises selecting, for the respective replacement wind turbine and based on an expected load level represented by the expected loads, a wind turbine type designed for the expected load level (as 4.4 discusses, at a minimum replacing each turbine with the same turbine, based on the wind data discussed in sections 4.2 and 4.3).
Therefore, it would have been obvious for one of ordinary skill in the art, at the time of the effective filing date of the invention to modify the repowering of Bezbradica to include the estimating and two groups of Peng in order to understand how the replacement wind turbines will behave in different scenarios (section 4.4.2) and to make the control more robust and to modify the data and estimating meteorological conditions of Bezbradica to include the data and meteorological data of Schellings in order to make the repowering more robust by using additional data points.
Regarding claim 10: Bezbradica modified by Schellings disclose non-wind specific parameters, Schellings further discloses the non-wind specific parameters comprise one or more of: temperature; air pressure; humidity; and precipitation (paragraph 0042: “air pressure, or temperature”).
Regarding claim 11: Bezbradica discloses estimating expected performance of the replacement wind turbines based on the retrieved historical data (‘2’, page 4, left column, for example, data from 1994 to 2003).
Regarding claim 13: Bezbradica discloses estimating meteorological conditions comprises deriving an expected wind field at the site (2 on page 4, left column – a wind field is simulated).
Regarding claim 14: Bezbradica discloses the historical data related to the original wind turbines is retrieved from a data storage (as data is stored in a data storage).
Regarding claim 15: Bezbradica discloses replacing the original wind turbines with replacement wind turbines in accordance with the planned repowering (B, page 2 left column).
Regarding claim 16: Bezbradica discloses planning repowering of the wind energy plant comprises planning to reuse one or more parts of the original wind turbines in one or more of the replacement wind turbines (B, page 2 left column).
Claims 4 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Bezbradica, Peng, and Schellings as applied to claims 1 and 9, further in view of Stiesdal (US 2010/0023266).
Regarding claim 4: Bezbradica discloses retrieving data related to wind turbines and estimating metrological conditions but does not explicitly disclose retrieving data related to wind turbines of one or more neighboring wind energy plants located in a vicinity of the wind energy plant, and wherein the estimating meteorological conditions is further based on the data related to the wind turbines of the neighboring wind energy plants.
However, Stiesdal discloses retrieving data related to wind turbines of one or more neighboring wind energy plants located in a vicinity of the wind energy plant, and wherein the estimating meteorological conditions is further based on the data related to the wind turbines of the neighboring wind energy plant(s) (paragraph 0025-0030 – the quality of the forecasting is improved with the addition of a neighboring farm).
Therefore, it would have been obvious for one of ordinary skill in the art, at the time of the effective filing date of the invention to modify estimating the meteorological conditions of Bezbradica to include additional farm(s), as disclosed by Stiesdal, in order to improve the quality of the forecasting (paragraph 0029).
Regarding claim 12: Bezbradica discloses retrieving data related to wind turbines and estimating metrological conditions but does not explicitly disclose retrieving data related to wind turbines of one or more neighboring wind energy plants located in a vicinity of the wind energy plant, and wherein the estimating meteorological conditions is further based on the data related to the wind turbines of the neighboring wind energy plants.
However, Stiesdal discloses retrieving data related to wind turbines of one or more neighboring wind energy plants located in a vicinity of the wind energy plant, and wherein the estimating meteorological conditions is further based on the data related to the wind turbines of the neighboring wind energy plant(s) (paragraph 0025-0030 – the quality of the forecasting is improved with the addition of a neighboring farm).
Therefore, it would have been obvious for one of ordinary skill in the art, at the time of the effective filing date of the invention to modify estimating the meteorological conditions of Bezbradica to include additional farm(s), as disclosed by Stiesdal, in order to improve the quality of the forecasting (paragraph 0029).
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/SEAN GUGGER/ Primary Examiner, Art Unit 2834
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