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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on October 16, 2025 has been entered.
Drawings
The drawings were received on October 16, 2025. These drawings are approved.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-2 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Mendez et al (Pat Num 11,531,175, herein referred to as Mendez) in view of Oestreich (DE Pat Num 3706740) and Matsueda et al (Pub Num 2004/0165853, herein referred to as Matsueda). Mendez discloses a submarine cable (Figs 1-8) having abrasion protection from man-made objects or otherwise naturally occurring materials in deep water environments (abstract), thereby providing protection against and withstanding external aggression from objects present in deep environments (Col 1, lines 8-14). Specifically, with respect to claim 1, Mendez discloses a submarine cable (200, Fig 2) comprising an external tubular sheath (226) defining an inner space (interior space), wherein the external tubular sheath (226) insulating the inner space (interior space) from the outside of the submarine cable (200, Col 5, lines 43-48), at least one optical fiber (212), an internal metallic tube (214) placed in the inner space (interior space), wherein the at least one optical fiber (212) is placed in the internal tube (214, Col 5, lines 1-10), an electrical insulator (222) placed in the inner space (interior space), externally around and apart from the internal metallic tube (214), at least a tensile reinforcement layer (216, 218) formed of conductive tensile reinforcement strands made of steel and placed between the electrical insulator (222) and the internal metallic tube (214, Fig 2, Col 5, lines 18-21), wherein the at least one tensile reinforcement layer (216, 218) has a first end (left side, as shown in Fig 1) that may be electrically connected to a current source (located terminal 103) and a second end (right side) that may be electrically connected to an electrical power consumer (located at terminal 105, Col 4, lines 29-33), wherein the first end (left side) and the second end (right side) of the tensile strength are protruding outward from the exterior tubular sheath (226, Fig 2). With respect to claim 2, Mendez discloses that the conductive tensile reinforcement strands (216, 218) may have a maximum theoretical water depth Dm larger than 4000 m (i.e. 2000-8000 m, Col 5, lines 1-10). With respect to claim 5, Mendez discloses that the cable (200) comprises between the external tubular sheath (226) and the electrical insulator (222) an electromagnetic shield outer screen (224, Col 5, lines 43-48).
While Mendez discloses a tensile reinforcement layer formed of tensile reinforcement strands placed between the electrical insulator and the internal metallic tube, Mendez doesn’t necessarily disclose the tensile reinforcement strands being made of aluminum or aluminum alloy (claim 1), nor the tensile reinforcement strands having an electrical conductivity higher than 40% IACS (claim 2).
Oestreich teaches a submarine cable (Fig 1) comprising a simplified structure, wherein some of the tensile strength members may of steel are replaced with aluminum wires for the purpose of supplying power to the cable, while also providing a lightweight and small cross sectional cable having a cost saving design (Paragraph 5). Specifically, with respect to claims 1-2, Oestreich teaches a submarine cable (Fig 1) comprising an external tubular sheath (19) defining an inner space (interior space), an interior spacer (11) surrounding the optical fibers (12), wherein the external tubular sheath (19) insulates the inner space (interior space) from the outside of the submarine cable (Fig 1, Paragraph 10), wherein at least one optical fiber (12) placed in the inner space (interior space), an electrical insulator (18) placed in the inner space (interior space), externally around and apart from the spacer (11), wherein at least a tensile reinforcement layer (15, 16) formed of conductive tensile reinforcement strands, some of which may be made of aluminum (Paragraph 5), which has an electrical conductivity higher than 40% IACS (i.e. the applicant has stated that aluminum exhibits such characteristics and therefore the prior art teaching aluminum inherently exhibits such characteristics) and placed between the electrical insulator (18) and the internal spacer (11, Fig 1), wherein the tensile strength members (16) are capable of providing power to an electrical power consumer (ie regenerators, Paragraph 11).
It would have been obvious to one having ordinary skill in the art of cables at the time the invention was made to modify the submarine cable of Mendez to comprise the conductive tensile reinforcement strands comprising some strands that are formed of aluminum configuration as taught by Oestreich because Oestreich teaches that such a configuration provides a submarine cable (Fig 1) comprising a simplified structure, wherein some of the tensile strength members may of steel are replaced with aluminum wires for the purpose of supplying power to the cable, while also providing a lightweight and small cross sectional cable having a cost saving design (Paragraph 5)and since it has been held to be within general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
While modified Mendez discloses the submarine cable being connected to a power source to a current source (located terminal 103) and a second end (right side) that may be electrically connected to an electrical power consumer (located at terminal 105, Col 4, lines 29-33), modified Mendez doesn’t illustrate the actual tensile strength reinforcement layers protruding out of the external tubular sheath and defining an inner space to be electrically connected (claim 1).
Matsueda teaches known submarine cable configurations (Figs 1-6B) for preventing high tensile being applied to the cables from the outside source (ie water, etc, Paragraphs 2 & 24-29). Specifically, with respect to claim 1, Matsueda teaches a known configuration (Figs 5-6A), wherein a submarine cable (Fig 5) comprising an external tubular sheath (6) defining an inner space (interior space), wherein the external tubular sheath (6) insulating the inner space (interior space) from the outside of the submarine cable (Fig 5, Paragraph 14), at least one optical fiber (1), an internal metallic tube (not numbered but located at 1) placed in the inner space (interior space), wherein the at least one optical fiber (1) is placed in the internal tube (not numbered but located at 1), an electrical insulator (5) placed in the inner space (interior space), externally around and apart from the internal metallic tube (not numbered but located at 1), at least a tensile reinforcement layer (3a, 3b) formed of conductive tensile reinforcement strands made of steel (Paragraph 11) and placed between the electrical insulator (5) and the internal metallic tube (not numbered but located at 1), wherein the at least one tensile reinforcement layer (3a, 3b) has a first end (left side, as shown in Fig 6A), that is electrically connected to a connector (60), wherein the first end (left side) of the tensile strength (3a, 3b) are protruding outward from the exterior tubular sheath (6, Fig 6A) and defining an inner space to be electrically connected (Fig 6A).
It would have been obvious to one having ordinary skill in the art of cables at the time the invention was made to modify the electrical connection of modified Mendez to comprise tensile strength reinforcement layers protruding out of the external tubular sheath and defining an inner space to be electrically connected configuration as taught by Mendez because Mendez teaches that such a configuration is a well-known submarine cable configuration (Figs 1-6B) that prevents high tensile forces from being applied to the cables cause by the outside sources (ie water pressure, etc, Paragraphs 2 & 24-29).
Claim(s) 3 is rejected under 35 U.S.C. 103 as being unpatentable over Mendez (Pat Num 11,531,175) in view of Oestreich (DE Pat Num 3706740) and Matsueda (Pub Num 2004/0165853), as applied to claim 1 above (herein referred to as modified Mendez), further in view of Deighton et al (WO Pub Num 2010/010396, herein referred to as Deighton). With respect to claim 3, modified Mendez discloses that the conductive tensile reinforcement strands (216, 218) may be placed between the electrical insulator (222) and the internal metallic tube (214)
While modified Mendez discloses that the tensile reinforcement strands may be made of aluminum, modified Mendez doesn’t necessarily disclose the tensile reinforcement strands being made of aluminum metals having an electrical conductivity comprised between 2.Ox107 S/m and 4.6x107 S/m at 20 °C (claim 3).
Deighton teaches an umbilical cable (Figs 1-6) comprising optical cables, electrical cables, power cables etc cabled together for flexibility and providing mechanical strength (Page 1, lines 10-15), wherein the power cable comprises conductors being made of aluminum, specifically, the aluminum is 6000 series aluminum (Paragraph 20-25), which has an electrical conductivity between 2.Ox107 S/m and 4.6x107 S/m at 20 °C (i.e. the applicant has stated that 6000 series aluminum exhibits such characteristics and therefore the prior art teaching aluminum inherently exhibits such characteristics)
It would have been obvious to one having ordinary skill in the art of cables at the time the invention was made to modify the electrical connection of modified Mendez to comprise aluminum tensile strength reinforcement layers being made of 6000 series aluminum configuration as taught by Deighton because Deighton teaches that such a configuration is a well-known aluminum configuration and provides an umbilical cable (Figs 1-6) comprising optical cables, electrical cables, power cables etc cabled together for flexibility and providing mechanical strength (Page 1, lines 10-15).
Claim(s) 4 & 7 are rejected under 35 U.S.C. 103 as being unpatentable over Mendez (Pat Num 11,531,175) in view of Oestreich (DE Pat Num 3706740) and Matsueda (Pub Num 2004/0165853), as applied to claim 1 above (herein referred to as modified Mendez), further in view of Maioli (Pub Num 2021/0116516). Modified Mendez discloses a submarine cable (Figs 1-8) having abrasion protection from man-made objects or otherwise naturally occurring materials in deep water environments (abstract), thereby providing protection against and withstanding external aggression from objects present in deep environments (see Mendez, Col 1, lines 8-14). With respect to claim 7, modified Mendez discloses that the cable (200) discloses that electrical power may transmitted by the at least one tensile reinforcement layer (216, 218) of the submarine cable (200, Col 4, lines 29-33).
While modified Mendez discloses the insulating layer, modified Mendez doesn’t necessarily disclose the insulating layer comprising an inner semi-conductive sheath, an intermediate electrically insulating sheath and an outer semi-conductive sheath (claim 4), Mendez also doesn’t necessarily the electrical power transmitted by the at least one tensile reinforcement layer of the submarine cable being higher than 1 KW (claim 7).
Maioli teaches a known submarine cable (Fig 2) comprising an known fiber optic cable for usage for medium and high voltage environments (Paragraph 51). Specifically, with respect to claim 4, Maioli discloses a submarine cable (Fig 2) comprising an external tubular sheath (14) defining an inner space (15), wherein the external tubular sheath (14) insulates the inner space (15) from the outside of the submarine cable (1, Fig 1), at least one optical fiber (11), an internal metallic tube (12) disclosed in the inner space (15), wherein the at least one optical fiber (11) is placed in the internal tube (12, Paragraph 58), an electrical insulator (i.e. polymeric filler located at 15, Paragraph 56) is placed in the inner space (15) externally around and apart from the internal metallic tube (12), wherein the insulating layer (i.e. polymeric filler located at 15, Paragraph 56) may comprise an inner semi-conductive sheath, an intermediate electrically insulating sheath and an outer semi-conductive sheath (Paragraph 49), which is a well-known and commonly utilized configuration (Paragraph 49). With respect to claim 7, Maioli teaches that the cable (1, Fig 1) comprises the electrical power transmitted by the at least one tensile reinforcement layer (16) of the submarine cable (1) that may be higher than 1 KW (i.e. 1-30Kv, Paragraph 51).
It would have been obvious to one having ordinary skill in the art of cables at the time the invention was made to modify the submarine cable of modified Mendez to comprise the insulating layer to comprise an inner semi-conductive sheath, an intermediate electrically insulating sheath and an outer semi-conductive sheath, as taught by Maioli because Maioli teaches that such a configuration is known and commonly utilized in submarine cables, such as the known submarine cable of modified Mendez and since Maioli teaches that such a configuration is well known in the art for usage with medium and high voltage environments (Paragraph 51)
With respect to claim 7, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the submarine cable of modified Mendez to comprise the electrical power transmitted by the at least one tensile reinforcement layer of the submarine cable being higher than 1 KW, as taught by Maioli because Maioli teaches that such a configuration is known and commonly utilized and since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Claim(s) 1 and 8-14 are rejected under 35 U.S.C. 103 as being unpatentable over Worman et al (Pub Num 2009/0120632, herein referred to as Worman) in view of Mendez (Pat Num 11,531,175), Oestreich (DE Pat Num 3706740) and Matsueda et al (Pub Num 2004/0165853). Worman discloses an umbilical assembly (Figs 1-2) that supplies electrical power to subsea equipment in deep-water and ultra-deep water applications (Paragraph 1), wherein creep associated with the weight of the internal conductors is reduced or eliminated (Paragraphs 20-21), while also providing protection of the internal components from structural damage that results from impact, friction, and bending during deployment (Paragraph 27). Specifically, with respect to claim 1, Worman discloses a submarine cable (39, Fig 2) comprising an external tubular sheath (located at 39) defining an inner space (interior space), wherein the external tubular sheath (located at 39) insulating the inner space (interior space) from the outside of the submarine cable (39, Fig 2), wherein at least one optical fiber (not numbered, Paragraph 28), an internal metallic tube (not numbered) placed in the inner space (interior space, Fig 2), wherein the at least one optical fiber (not numbered) is placed in the internal tube (Fig 2, Paragraph 28), and at least a tensile reinforcement layer (not numbered, outside wires surrounding interior optical fibers, Fig 2) and the internal metallic tube (Fig 2). With respect to claim 8, Worman discloses an umbilical (23) comprising at least one submarine cable (39, Fig 2) comprising an external tubular sheath (located at 39) defining an inner space (interior space), wherein the external tubular sheath (located at 39) insulating the inner space (interior space) from the outside of the submarine cable (39, Fig 2), wherein at least one optical fiber (not numbered, Paragraph 28), an internal metallic tube (not numbered) placed in the inner space (interior space, Fig 2), wherein the at least one optical fiber (not numbered) is placed in the internal tube (Fig 2, Paragraph 28), and at least a tensile reinforcement layer (not numbered, outside wires surrounding interior optical fibers, Fig 2) and the internal metallic tube (Fig 2), at least a tube (37) configured to transport fluid (Paragraph 28), and an outer tubular sheath (29) surrounding the submarine cable (39) and the at least one tube (37, Paragraph 27). With respect to claim 9, Worman discloses that the umbilical (23) may have a length higher than 5km (i.e. greater than 10,000 feet, Paragraph 38). With respect to claim 10, Worman discloses an installation (Figs 1-2), comprising a surface facility (11) on a surface of a body of water (Paragraph 24, Fig 1) comprising a source of electrical energy (i.e. power, Paragraph 26), a subsea facility (25) at the bottom of the body of water (13) comprising at least an electrical power consumer consuming the electrical energy provided by the surface facility (11, Paragraph 26), and at least one umbilical (23) comprising at least one submarine cable (39, Fig 2) comprising an external tubular sheath (located at 39) defining an inner space (interior space), wherein the external tubular sheath (located at 39) insulating the inner space (interior space) from the outside of the submarine cable (39, Fig 2), wherein at least one optical fiber (not numbered, Paragraph 28), an internal metallic tube (not numbered) placed in the inner space (interior space, Fig 2), wherein the at least one optical fiber (not numbered) is placed in the internal tube (Fig 2, Paragraph 28), and at least a tensile reinforcement layer (not numbered, outside wires surrounding interior optical fibers, Fig 2) and the internal metallic tube (Fig 2), at least a tube (37) configured to transport fluid (Paragraph 28), and an outer tubular sheath (29) surrounding the submarine cable (39) and the at least one tube (37, Paragraph 27) connecting the surface facility (11) to the subsea facility (25) so as to transmit the electrical energy from the source on the surface facility (11) to the at least one electrical power consumer on the subsea facility (25, Paragraph 26) through at least one conductive tensile reinforcement strand of the at least one tensile reinforcement layer (not numbered, outside wires surrounding interior optical fibers, Fig 2) placed around the internal metallic tube (not numbered, Paragraph 28). With respect to claim 11, Worman discloses the installation (Fig 1), wherein the source of electrical energy is a current source and electrical energy is transmitted as a current (i.e. power, Paragraph 26). With respect to claim 12, Worman discloses a method of transmitting electrical energy (Fig 1) comprising the following steps of providing a surface facility (11) on the surface of a body of water (Paragraph 24) having a source configured to provide electrical energy (i.e. power) and a subsea facility (25) located the bottom of the body of water (13) having at least an electrical power consumer configured to consume electrical energy (Paragraph 26), providing at least one connecting the at least one at least one umbilical (23) comprising at least one submarine cable (39, Fig 2) comprising an external tubular sheath (located at 39) defining an inner space (interior space), wherein the external tubular sheath (located at 39) insulating the inner space (interior space) from the outside of the submarine cable (39, Fig 2), wherein at least one optical fiber (not numbered, Paragraph 28), an internal metallic tube (not numbered) placed in the inner space (interior space, Fig 2), wherein the at least one optical fiber (not numbered) is placed in the internal tube (Fig 2, Paragraph 28), and at least a tensile reinforcement layer (not numbered, outside wires surrounding interior optical fibers, Fig 2) and the internal metallic tube (Fig 2), at least a tube (37) configured to transport fluid (Paragraph 28), and an outer tubular sheath (29) surrounding the submarine cable (39) and the at least one tube (37, Paragraph 27) connecting the surface facility (11) to the subsea facility (25) so as to transmit the electrical energy from the source on the surface facility (11) to the at least one electrical power consumer on the subsea facility (25, Paragraph 26) through at least one conductive tensile reinforcement strand of the at least one tensile reinforcement layer (not numbered, outside wires surrounding interior optical fibers, Fig 2) placed around the internal metallic tube (not numbered, Paragraph 28). With respect to claim 13, Worman discloses that the method of transmitting electrical energy comprises transmitting the electrical energy to the subsea facility (25) by electric currents passing through at least a first conductive tensile reinforcement strand (not numbered, outside wires surrounding interior optical fibers, Fig 2) among the at least one conductive tensile reinforcement strand and returning of the electrical currents through another conductor (17, Fig 1). With respect to claim 14, Worman discloses that the method of transmitting electrical energy is transmitted by a current running through the at least one conductive tensile reinforcement strand of the at least one tensile reinforcement layer (not numbered, outside wires surrounding interior optical fibers, Fig 2) around the internal metallic tube (not numbered) contained in the submarine cable (39) of the at least one umbilical (23, Paragraph 26)
While Worman discloses the umbilical (23) comprising at least one submarine cable (39), Worman doesn’t necessarily disclose an electrical insulator placed in the inner space, externally around and apart from the internal metallic tube, at least a tensile reinforcement layer formed of conductive tensile reinforcement strands placed between the electrical insulator and the internal metallic tube, wherein at least one tensile reinforcement layer has a first end that may be electrically connected to a current source and a second end electrically connected to an electrical power consumer (claims 1, 8, 10, & 12).
Mendez teaches a submarine cable (Figs 1-8) having abrasion protection from man-made objects or otherwise naturally occurring materials in deep water environments (abstract), thereby providing protection against and withstanding external aggression from objects present in deep environments (Col 1, lines 8-14). Specifically, with respect to claims 1, 8, 10, & 12, Mendez teaches a submarine cable (200, Fig 2) comprising an external tubular sheath (226) defining an inner space (interior space), wherein the external tubular sheath (226) insulating the inner space (interior space) from the outside of the submarine cable (200, Col 5, lines 43-48), at least one optical fiber (212), an internal metallic tube (214) placed in the inner space (interior space), wherein the at least one optical fiber (212) is placed in the internal tube (214, Col 5, lines 1-10), an electrical insulator (222) placed in the inner space (interior space), externally around and apart from the internal metallic tube (214), at least a tensile reinforcement layer (216, 218) formed of conductive tensile reinforcement strands made of steel and placed between the electrical insulator (222) and the internal metallic tube (214, Fig 2, Col 5, lines 18-21), wherein the at least one tensile reinforcement layer (216, 218) has a first end (left side, as shown in Fig 1) that may be electrically connected to a current source (located terminal 103) and a second end (right side) that may be electrically connected to an electrical power consumer (located at terminal 105, Col 4, lines 29-33).
It would have been obvious to one having ordinary skill in the art of cables at the time the invention was made to modify the submarine cable of Worman to comprise an electrical insulator placed in the inner space, externally around and apart from the internal metallic tube, at least a tensile reinforcement layer formed of conductive tensile reinforcement strands placed between the electrical insulator and the internal metallic tube configuration as taught by Mendez because Mendez teaches that such a configuration provides a submarine cable (Figs 1-8) having abrasion protection from man-made objects or otherwise naturally occurring materials in deep water environments (abstract), thereby providing protection against and withstanding external aggression from objects present in deep environments (Col 1, lines 8-14).
Modified Worman also doesn’t disclose the at least a tensile reinforcement layer formed of conductive tensile reinforcement strands made of aluminum and aluminum alloy (claims 1, 8, 10, & 12)
Oestreich teaches a submarine cable (Fig 1) comprising a simplified structure, wherein some of the tensile strength members may of steel are replaced with aluminum wires for the purpose of supplying power to the cable, while also providing a lightweight and small cross sectional cable having a cost saving design (Paragraph 5). Specifically, with respect to claims 1, 8, 10, & 12, Oestreich teaches a submarine cable (Fig 1) comprising an external tubular sheath (19) defining an inner space (interior space), an interior spacer (11) surrounding the optical fibers (12), wherein the external tubular sheath (19) insulates the inner space (interior space) from the outside of the submarine cable (Fig 1, Paragraph 10), wherein at least one optical fiber (12) placed in the inner space (interior space), an electrical insulator (18) placed in the inner space (interior space), externally around and apart from the spacer (11), wherein at least a tensile reinforcement layer (15, 16) formed of conductive tensile reinforcement strands, some of which may be made of aluminum (Paragraph 5), which has an electrical conductivity higher than 40% IACS and between 2.Ox107 S/m and 4.6x107 S/m at 20 °C (i.e. the applicant has stated that aluminum exhibits such characteristics and therefore the prior art teaching aluminum inherently exhibits such characteristics) and placed between the electrical insulator (18) and the internal spacer (11, Fig 1), wherein the tensile strength members (16) are capable of providing power to an electrical power consumer (ie regenerators, Paragraph 11).
It would have been obvious to one having ordinary skill in the art of cables at the time the invention was made to modify the submarine cable of modified Worman to comprise the conductive tensile reinforcement strands comprising some strands that are formed of aluminum configuration as taught by Oestreich because Oestreich teaches that such a configuration provides a submarine cable (Fig 1) comprising a simplified structure, wherein some of the tensile strength members may of steel are replaced with aluminum wires for the purpose of supplying power to the cable, while also providing a lightweight and small cross sectional cable having a cost saving design (Paragraph 5)and since it has been held to be within general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
While modified Worman discloses the submarine cable being connected to a power source to a current source (located terminal 103) and a second end (right side) that may be electrically connected to an electrical power consumer (located at terminal 105, Col 4, lines 29-33), modified Mendez doesn’t illustrate the actual tensile strength reinforcement layers protruding out of the external tubular sheath and defining an inner space to be electrically connected (claim 1).
Matsueda teaches known submarine cable configurations (Figs 1-6B) for preventing high tensile being applied to the cables from the outside source (ie water, etc, Paragraphs 2 & 24-29). Specifically, with respect to claim 1, Matsueda teaches a known configuration (Figs 5-6A), wherein a submarine cable (Fig 5) comprising an external tubular sheath (6) defining an inner space (interior space), wherein the external tubular sheath (6) insulating the inner space (interior space) from the outside of the submarine cable (Fig 5, Paragraph 14), at least one optical fiber (1), an internal metallic tube (not numbered but located at 1) placed in the inner space (interior space), wherein the at least one optical fiber (1) is placed in the internal tube (not numbered but located at 1), an electrical insulator (5) placed in the inner space (interior space), externally around and apart from the internal metallic tube (not numbered but located at 1), at least a tensile reinforcement layer (3a, 3b) formed of conductive tensile reinforcement strands made of steel (Paragraph 11) and placed between the electrical insulator (5) and the internal metallic tube (not numbered but located at 1), wherein the at least one tensile reinforcement layer (3a, 3b) has a first end (left side, as shown in Fig 6A), that is electrically connected to a connector (60), wherein the first end (left side) of the tensile strength (3a, 3b) are protruding outward from the exterior tubular sheath (6, Fig 6A) and defining an inner space to be electrically connected (Fig 6A).
It would have been obvious to one having ordinary skill in the art of cables at the time the invention was made to modify the electrical connection of modified Worman to comprise tensile strength reinforcement layers protruding out of the external tubular sheath and defining an inner space to be electrically connected configuration as taught by Mendez because Mendez teaches that such a configuration is a well-known submarine cable configuration (Figs 1-6B) that prevents high tensile forces from being applied to the cables cause by the outside sources (ie water pressure, etc, Paragraphs 2 & 24-29).
Modified Worman also doesn’t necessarily disclose the source of electrical energy being a direct current (DC) source transmitting DC current (claims 11 & 14).
It would have been obvious to one having ordinary skill in the art of cables at the time the invention was made to modify the submarine cable of modified Worman to comprise the source of electrical energy being DC source transmitting DC current configuration since it is well known in the art of cables that the electrical energy source either transmits AC or DC current in order to provide power to electrical devices of AC or DC origins and since the applicant has not disclosed that such a modification solves any stated problems or is for any particular purpose and it appears that modified Worman would perform equally well with the modification.
Claim(s) 15 is rejected under 35 U.S.C. 103 as being unpatentable over Mendez (Pat Num 11,531,175) in view of Oestreich (DE Pat Num 3706740), Matsueda (Pub Num 2004/0165853), and Deighton (WO Pub Num 2010/010396). Mendez discloses a submarine cable (Figs 1-8) having abrasion protection from man-made objects or otherwise naturally occurring materials in deep water environments (abstract), thereby providing protection against and withstanding external aggression from objects present in deep environments (Col 1, lines 8-14). Specifically, with respect to claim 15, Mendez discloses a submarine cable (200, Fig 2) comprising an external tubular sheath (226) defining an inner space (interior space), wherein the external tubular sheath (226) insulating the inner space (interior space) from the outside of the submarine cable (200, Col 5, lines 43-48), at least one optical fiber (212), an internal metallic tube (214) placed in the inner space (interior space), wherein the at least one optical fiber (212) is placed in the internal tube (214, Col 5, lines 1-10), an electrical insulator (222) placed in the inner space (interior space), externally around and apart from the internal metallic tube (214), at least a tensile reinforcement layer (216, 218) formed of conductive tensile reinforcement strands made of steel and placed between the electrical insulator (222) and the internal metallic tube (214, Fig 2, Col 5, lines 18-21), wherein the at least one tensile reinforcement layer (216, 218) has a first end (left side, as shown in Fig 1) that may be electrically connected to a current source (located terminal 103) and a second end (right side) that may be electrically connected to an electrical power consumer (located at terminal 105, Col 4, lines 29-33), wherein the first end (left side) and the second end (right side) of the tensile strength are protruding outward from the exterior tubular sheath (226, Fig 2).
While Mendez discloses a tensile reinforcement layer formed of tensile reinforcement strands placed between the electrical insulator and the internal metallic tube, Mendez doesn’t necessarily disclose the tensile reinforcement strands being made of aluminum or aluminum alloy (claim 15).
Oestreich teaches a submarine cable (Fig 1) comprising a simplified structure, wherein some of the tensile strength members may of steel are replaced with aluminum wires for the purpose of supplying power to the cable, while also providing a lightweight and small cross sectional cable having a cost saving design (Paragraph 5). Specifically, with respect to claim 15, Oestreich teaches a submarine cable (Fig 1) comprising an external tubular sheath (19) defining an inner space (interior space), an interior spacer (11) surrounding the optical fibers (12), wherein the external tubular sheath (19) insulates the inner space (interior space) from the outside of the submarine cable (Fig 1, Paragraph 10), wherein at least one optical fiber (12) placed in the inner space (interior space), an electrical insulator (18) placed in the inner space (interior space), externally around and apart from the spacer (11), wherein at least a tensile reinforcement layer (15, 16) formed of conductive tensile reinforcement strands, some of which may be made of aluminum (Paragraph 5), which has an electrical conductivity higher than 40% IACS (i.e. the applicant has stated that aluminum exhibits such characteristics and therefore the prior art teaching aluminum inherently exhibits such characteristics) and placed between the electrical insulator (18) and the internal spacer (11, Fig 1), wherein the tensile strength members (16) are capable of providing power to an electrical power consumer (ie regenerators, Paragraph 11).
It would have been obvious to one having ordinary skill in the art of cables at the time the invention was made to modify the submarine cable of Mendez to comprise the conductive tensile reinforcement strands comprising some strands that are formed of aluminum configuration as taught by Oestreich because Oestreich teaches that such a configuration provides a submarine cable (Fig 1) comprising a simplified structure, wherein some of the tensile strength members may of steel are replaced with aluminum wires for the purpose of supplying power to the cable, while also providing a lightweight and small cross sectional cable having a cost saving design (Paragraph 5)and since it has been held to be within general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
While modified Mendez discloses the submarine cable being connected to a power source to a current source (located terminal 103) and a second end (right side) that may be electrically connected to an electrical power consumer (located at terminal 105, Col 4, lines 29-33), modified Mendez doesn’t illustrate the actual tensile strength reinforcement layers protruding out of the external tubular sheath and defining an inner space to be electrically connected (claim 15).
Matsueda teaches known submarine cable configurations (Figs 1-6B) for preventing high tensile being applied to the cables from the outside source (ie water, etc, Paragraphs 2 & 24-29). Specifically, with respect to claim 15, Matsueda teaches a known configuration (Figs 5-6A), wherein a submarine cable (Fig 5) comprising an external tubular sheath (6) defining an inner space (interior space), wherein the external tubular sheath (6) insulating the inner space (interior space) from the outside of the submarine cable (Fig 5, Paragraph 14), at least one optical fiber (1), an internal metallic tube (not numbered but located at 1) placed in the inner space (interior space), wherein the at least one optical fiber (1) is placed in the internal tube (not numbered but located at 1), an electrical insulator (5) placed in the inner space (interior space), externally around and apart from the internal metallic tube (not numbered but located at 1), at least a tensile reinforcement layer (3a, 3b) formed of conductive tensile reinforcement strands made of steel (Paragraph 11) and placed between the electrical insulator (5) and the internal metallic tube (not numbered but located at 1), wherein the at least one tensile reinforcement layer (3a, 3b) has a first end (left side, as shown in Fig 6A), that is electrically connected to a connector (60), wherein the first end (left side) of the tensile strength (3a, 3b) are protruding outward from the exterior tubular sheath (6, Fig 6A) and defining an inner space to be electrically connected (Fig 6A).
It would have been obvious to one having ordinary skill in the art of cables at the time the invention was made to modify the electrical connection of modified Mendez to comprise tensile strength reinforcement layers protruding out of the external tubular sheath and defining an inner space to be electrically connected configuration as taught by Mendez because Mendez teaches that such a configuration is a well-known submarine cable configuration (Figs 1-6B) that prevents high tensile forces from being applied to the cables cause by the outside sources (ie water pressure, etc, Paragraphs 2 & 24-29).
While modified Mendez discloses that the tensile reinforcement strands may be made of aluminum, modified Mendez doesn’t necessarily disclose the tensile reinforcement strands being made of aluminum metals having an electrical conductivity comprised between 2.Ox107 S/m and 4.6x107 S/m at 20 °C (claim 15).
Deighton teaches an umbilical cable (Figs 1-6) comprising optical cables, electrical cables, power cables etc cabled together for flexibility and providing mechanical strength (Page 1, lines 10-15), wherein the power cable comprises conductors being made of aluminum, specifically, the aluminum is 6000 series aluminum (Paragraph 20-25), which has an electrical conductivity between 2.Ox107 S/m and 4.6x107 S/m at 20 °C (i.e. the applicant has stated that 6000 series aluminum exhibits such characteristics and therefore the prior art teaching aluminum inherently exhibits such characteristics)
It would have been obvious to one having ordinary skill in the art of cables at the time the invention was made to modify the electrical connection of modified Mendez to comprise aluminum tensile strength reinforcement layers being made of 6000 series aluminum configuration as taught by Deighton because Deighton teaches that such a configuration is a well-known aluminum configuration and provides an umbilical cable (Figs 1-6) comprising optical cables, electrical cables, power cables etc cabled together for flexibility and providing mechanical strength (Page 1, lines 10-15).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-5 and 7-15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please refer to the enclosed PTO-892 form for the citation of pertinent art in the present case, all of which disclose various submarine cables.
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM H MAYO III whose telephone number is (571) 272-1978. The examiner can normally be reached on M-Thurs (5:30a-3:00p) Fri 5:30a-2p (w/alternating Fridays off).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Imani Hayman can be reached on (571) 270-5528. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/William H. Mayo III/
William H. Mayo III
Primary Examiner
Art Unit 2847
WHM III
January 24, 2026