DETAILED ACTION
In response to remarks filed on 20 April 2026
Status of Claims
Claims 1-44 are pending;
Claims 1 and 31 are currently amended;
Claims 2-30 and 32-44 were previously presented;
Claims 1-44 are rejected herein.
Response to Arguments
Applicant’s arguments filed on 20 April 2026 have been fully considered but they are moot since a new reference is being used to reject the claims.
Claim Rejections - 35 USC § 102
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.
Claims 1-6, 9, 11, 12, 28-33 and 35-37 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lazes (U.S. Patent Application Publication No. 2005/0025574).
As to Claim 1, Lazes discloses a subsea fluid storage system, comprising:
A seabed foundation (10);
A tensile member (22, 23) anchored to and extending upwardly from the foundation (10);
A subsea buoy (Figure 7; Paragraph 0012: “In an alternate embodiment, the collector further includes a buoy residing at or near the surface of the water; and a guide cable having a first end operatively attached to the buoy, and a second end operatively attached at or near the fluid leak source; and wherein the container is slidably attached to the guide cable for ascent and descent”) coupled to the tensile member (22, 23), the subsea buoy applying tension (Figure 7) via its buoyant upthrust to the tensile member (22, 23) to support the tensile member so that the tensile member is supported in an upright orientation solely through the tension applied via the buoyant upthrust of the buoy (Figure 7); and
At least one fluid storage container (2) disposed between the foundation (10) and the buoy (Figure 7) and mounted to the tensile member (22, 23), the container having at least one inlet or outlet (3, 4) for fluid communication with a source or a consumer of fluid to be stored in the container (2)
Wherein the tensile member (22, 23) extends from the foundation (10) to the buoy (Figure 7) through the container (Paragraph 0033: “The guide cable 21 serves as a guide for the container 2, and is passed through a guide tube 24 extending within the center of the container 2, thus making the container 2 slidably attached to the guide cable 21”).
As to Claim 2, Lazes discloses the invention of Claim 1 (Refer to Claim 1 discussion). Lazes also discloses wherein the tensile member (22, 23) comprises at least one of a pipe, a wire, or a chain.
As to Claim 3, Lazes discloses the invention of Claim 2 (Refer to Claim 2 discussion). Lazes also discloses wherein the tensile member (22, 23) serves as a riser pipe for conveying hydrocarbon fluid from a seabed source (Paragraph 0036: “Optionally, the buoy may comprise a floating fluid vessel, and an additional conduit fluidically connected between the top of container 2 and the buoy or floating fluid vessel. In this manner, fluids collected within container 2 may rise through the conduit and into the floating fluid vessel, which can then be removed or emptied as described earlier herein”).
As to Claim 4, Lazes discloses the invention of Claim 1 (Refer to Claim 1 discussion). Lazes also discloses wherein the buoy is integrated with the container (Paragraph 0029: “If desired, additional flotation devices, such as buoyant materials commonly used for deep water marine applications, may also be installed onto the container 2”).
As to Claim 5, Lazes discloses the invention of Claim 1 (Refer to Claim 1 discussion). Lazes also discloses wherein fluid communication between the container (2) and the source or the consumer is effected via at least one flow path at a level beneath the container, beside or within the tensile member (22, 23).
As to Claim 6, Lazes discloses the invention of Claim 5 (Refer to Claim 5 discussion). Lazes also discloses wherein the tensile member (22, 23) contains one or more fluid lines that define the or each flow path (Paragraph 0036: “Optionally, the buoy may comprise a floating fluid vessel, and an additional conduit fluidically connected between the top of container 2 and the buoy or floating fluid vessel. In this manner, fluids collected within container 2 may rise through the conduit and into the floating fluid vessel, which can then be removed or emptied as described earlier herein”).
As to Claim 9, Lazes discloses the invention of Claim 1 (Refer to Claim 1 discussion). Lazes also discloses wherein at least one upward fluid flow path (Figure 7) from a subsea source communicates with the container (2).
As to Claim 11, Lazes discloses the invention of Claim 9 (Refer to Claim 9 discussion). Lazes also discloses wherein the container has at least one filling port (4) arranged for subsea connection with a flexible hose for filling with fluid from or offloading fluid to a surface vessel (Paragraph 0038: “In all of the above described embodiments, an offloading pump on board surface vessels 43 may be used to connect to the outlet 4 to pump out fluids 12 within the container 2. The fluids 12 may be pumped into towable bladders or into other barges on site”).
As to Claim 12, Lazes discloses the invention of Claim 1 (Refer to Claim 1 discussion). Lazes also discloses wherein the container (2) is coupled to a flexible hose that extends to the surface for filling with fluid from or offloading fluid to a surface vessel (Paragraph 0038: “In all of the above described embodiments, an offloading pump on board surface vessels 43 may be used to connect to the outlet 4 to pump out fluids 12 within the container 2. The fluids 12 may be pumped into towable bladders or into other barges on site”).
As to Claim 28, Lazes discloses a subsea installation comprising at least one subsea fluid storage system (Figure 7) of claim 1 (Refer to Claim 1 discussion).
As to Claim 29, Lazes discloses the invention of Claim 28 (Refer to Claim 28 discussion). Lazes also discloses comprising at least one subsea consumer (Paragraph 0038: “In all of the above described embodiments, an offloading pump on board surface vessels 43 may be used to connect to the outlet 4 to pump out fluids 12 within the container 2. The fluids 12 may be pumped into towable bladders or into other barges on site”) of fluid stored by the system, in fluid communication with the container (2) of the system for supply of that stored fluid to the consumer.
As to Claim 30, Lazes discloses the invention of Claim 28 (Refer to Claim 28 discussion). Lazes also discloses comprising at least one subsea source (Interior of 10) of hydrocarbon fluid, in fluid communication with the container (2) of the system or with a riser serving as the tensile member of the system.
As to Claim 31, Lazes discloses a method of storing a fluid underwater, the method comprising:
Conveying the fluid into at least one subsea storage container (2) mounted to a tensile member (22, 23) that extends between a seabed foundation (10) and a subsea buoy (Figure 7; Paragraph 0012: “In an alternate embodiment, the collector further includes a buoy residing at or near the surface of the water; and a guide cable having a first end operatively attached to the buoy, and a second end operatively attached at or near the fluid leak source; and wherein the container is slidably attached to the guide cable for ascent and descent”), the tensile member (22, 23) being anchored to the foundation (10) and coupled to the buoy (Figure 7) so that the tensile member is supported in an upright orientation solely through tension applied via buoyant upthrust of the buoy (Figure 7); and
Dispensing the fluid from the container (2) to a subsea consumer or offloading the fluid from the container to a surface vessel (Paragraph 0038: “In all of the above described embodiments, an offloading pump on board surface vessels 43 may be used to connect to the outlet 4 to pump out fluids 12 within the container 2. The fluids 12 may be pumped into towable bladders or into other barges on site”).
As to Claim 32, Lazes discloses the invention of Claim 31 (Refer to Claim 31 discussion). Lazes also discloses wherein the fluid is a hydrocarbon fluid that is conveyed into the container (2) from a subsea source (Interior of 10).
As to Claim 33, Lazes discloses the invention of Claim 31 (Refer to Claim 31 discussion). Lazes also discloses wherein the fluid is a chemical for subsea processing or for injection into a subsea well that is conveyed into the container (2) from a surface vessel or underwater vehicle.
As to Claim 35, Lazes discloses the invention of Claim 31 (Refer to Claim 31 discussion). Lazes also discloses comprising conveying fluid into the container (2) or dispensing fluid from the container via a flow path beside or within the tensile member (22, 23; Paragraph 0036: “Optionally, the buoy may comprise a floating fluid vessel, and an additional conduit fluidically connected between the top of container 2 and the buoy or floating fluid vessel. In this manner, fluids collected within container 2 may rise through the conduit and into the floating fluid vessel, which can then be removed or emptied as described earlier herein”).
As to Claim 36, Lazes discloses the invention of Claim 31 (Refer to Claim 31 discussion). Lazes also discloses comprising effecting fluid connection, subsea, of a flexible hose (Paragraph 0036: “Optionally, the buoy may comprise a floating fluid vessel, and an additional conduit fluidically connected between the top of container 2 and the buoy or floating fluid vessel. In this manner, fluids collected within container 2 may rise through the conduit and into the floating fluid vessel, which can then be removed or emptied as described earlier herein”) of a surface vessel with a port (4) of the container (2) and filling the container with fluid, or offloading fluid from the container, through the hose.
As to Claim 37, Lazes discloses the invention of Claim 31 (Refer to Claim 31 discussion). Lazes also discloses comprising effecting fluid connection, at the surface, of a surface vessel to a flexible hose (Paragraph 0036: “Optionally, the buoy may comprise a floating fluid vessel, and an additional conduit fluidically connected between the top of container 2 and the buoy or floating fluid vessel. In this manner, fluids collected within container 2 may rise through the conduit and into the floating fluid vessel, which can then be removed or emptied as described earlier herein”) in fluid communication with the container (90) and filling the container with fluid, or offloading fluid from the container, through the hose.
Claim Rejections - 35 USC § 103
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 7, 8, 10, 27 and 34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lazes (U.S. Patent Application Publication No. 2005/0025574) in view of Maus (U.S. Patent No. 6,578,637).
As to Claim 7, Lazes discloses the invention of Claim 1 (Refer to Claim 1 discussion). However, Lazes is silent wherein at least one upward fluid flow path from a subsea source extends through, but does not communicate with, the container. Maus discloses at least one upward fluid flow path (Path within 10) from a subsea source extends through, but does not communicate with, the container (90). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide an additional upward fluid flow path from the subsea source that extends through, but does not communicate with, the container. The motivation would have been to provide a bypass conduit for continuous flow in case the container fills.
As to Claim 8, Lazes as modified teaches the invention of Claim 7 (Refer to Claim 7 discussion). Lazes as modified also teaches wherein the or each upward fluid flow path extends to or through the buoy (Lazes: Figure 7).
As to Claim 10, Lazes discloses the invention of Claim 9 (Refer to Claim 9 discussion). However, Lazes is silent about wherein the container has a first compartment that communicates with said upward fluid flow path and a second compartment that communicates with at least one downward fluid flow path toward a subsea consumer. Maus discloses a container (90) with a first compartment (Compartment above uppermost 64) that communicates with an upward fluid flow path (54) and a second compartment (Compartment below lowermost 64) that communicates with at least one downward fluid flow path (36a) toward a subsea consumer (20). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to make the container with a first compartment that communicates with an upward fluid flow path and a second compartment that communicates with at least one downward fluid flow path toward a subsea consumer. The motivation would have been to increase the utility of the apparatus.
As to Claim 27, Lazes discloses the invention of Claim 1 (Refer to Claim 1 discussion). However, Lazes is silent about wherein the container comprises a plurality of interengaged modules, each defining a respective storage compartment. Maus discloses a container (90) with a plurality of interengaged modules (80 in Figure 2A), each defining a respective storage compartment. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide the container with a plurality of interengaged modules, each defining a respective storage compartment. The motivation would have been to increase the capacity of the system.
As to Claim 34, Lazes discloses the invention of Claim 33 (Refer to Claim 33 discussion). However, Lazes is silent about wherein the tensile member is a riser up which hydrocarbon fluid flows toward a surface vessel without entering the container. Maus discloses a tensile member (10) that is a riser up (Path within 10) which hydrocarbon fluid flows toward a surface vessel without entering a container (90). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to make the tensile member a riser up which hydrocarbon fluid flows toward a surface vessel without entering the container. The motivation would have been to provide a bypass conduit for continuous flow in case the container fills.
Claims 13-26 and 38-44 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lazes (U.S. Patent Application Publication No. 2005/0025574) in view of Skjetne et al (U.S. Patent Application Publication No. 2013/0167962).
As to Claim 13, Lazes discloses the invention of Claim 1 (Refer to Claim 1 discussion). However, Lazes is silent about wherein the container comprises an outer, flooded, rigid-walled housing and at least one inner chamber within the housing, the inner chamber being defined by a flexible-walled envelope. Skjetne discloses wherein a container (50) comprises an outer, flooded, rigid-walled (“Rigid” is being interpreted as solid) housing (10) and at least one inner chamber (20) within the housing, the inner chamber being defined by a flexible-walled envelope. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to have the container comprise an outer, flooded, rigid-walled housing and at least one inner chamber within the housing, the inner chamber being defined by a flexible-walled envelope. The motivation would have been to increase the utility of the device by providing pressure compensation for hydrostatic pressure to be maintained during chemical dosing and tank raising operations.
As to Claim 14, Lazes discloses the invention of Claim 13 (Refer to Claim 13 discussion). Lazes also discloses wherein the housing (Skjetne: 10) has a closed top and/or bottom end defining a trap volume for capturing fluid leaking from the inner chamber (Skjetne: Figures 5A and 5B).
As to Claim 15, Lazes discloses the invention of Claim 13 (Refer to Claim 13 discussion). Lazes also discloses wherein the housing (Skjetne: 10) comprises an access opening (Skjetne: Opening of 10 closed by 12) through which the envelope of the inner chamber can be inserted, subsea, into the housing.
As to Claim 16, Lazes discloses the invention of Claim 15 (Refer to Claim 15 discussion). Lazes also discloses further comprising a movable or removable closure (Skjetne: 12) that is arranged to close the access opening (Skjetne: Opening of 10 closed by 12).
As to Claim 17, Lazes discloses the invention of Claim 16 (Refer to Claim 16 discussion). Lazes also discloses wherein the closure (Skjetne: 12) is attached to or supports the envelope of the inner chamber so that the envelope is inserted into the housing when the closure closes the access opening (Skjetne: Opening of 10 closed by 12).
As to Claim 18, Lazes discloses the invention of Claim 17 (Refer to Claim 17 discussion). Lazes also discloses wherein the closure (Skjetne: 12) supports at least one fluid coupling (Skjetne: 25) that communicates with the envelope to fill the envelope with fluid or to empty fluid from the envelope.
As to Claim 19, Lazes discloses the invention of Claim 13 (Refer to Claim 13 discussion). Lazes also discloses wherein the or each inner chamber (Skjetne: 20) is substantially symmetrical about a central longitudinal axis of the housing (Skjetne: Figure 2).
As to Claim 20, Lazes discloses the invention of Claim 13 (Refer to Claim 13 discussion). Lazes also discloses wherein the envelope of the or each of said inner chambers (Skjetne: 20) is extensible or collapsible longitudinally within the housing (Skjetne: 10).
As to Claim 21, Lazes discloses the invention of Claim 20 (Refer to Claim 20 discussion). Lazes also discloses wherein the envelope is disposed between end plates (Skjetne: 12, 22), at least one of which plates is movable longitudinally within the housing (Skjetne: 10) to guide extension or contraction of the envelope.
As to Claim 22, Lazes discloses the invention of Claim 21 (Refer to Claim 21 discussion). Lazes also discloses wherein at least one of the end plates (Skjetne: 12, 22) comprises material with positive buoyancy.
As to Claim 23, Lazes discloses the invention of Claim 13 (Refer to Claim 13 discussion). Lazes also discloses comprising two or more of said inner chambers disposed end-to-end within a common outer housing (Skjetne: Figure 4A).
As to Claim 24, Lazes discloses the invention of Claim 13 (Refer to Claim 13 discussion). Lazes also discloses wherein the envelope comprises a slot (Skjetne: Figures 8A and 8B, 25) that extends from a centre of the envelope to open to an outer edge of the envelope, the slot accommodating the tensile member when the envelope is within the housing.
As to Claim 25, Lazes discloses the invention of Claim 24 (Refer to Claim 24 discussion). Lazes also discloses wherein the slot (Skjetne: Figure 8A and 8B, 25) follows a path that is curved from the centre to the outer edge.
As to Claim 26, Lazes discloses the invention of Claim 23 (Refer to Claim 23 discussion). Lazes also discloses wherein the housing (Skjetne: 15) comprises at least one port for inward or outward flow of seawater.
As to Claim 38, Lazes discloses the invention of Claim 31 (Refer to Claim 31 discussion). However, Lazes as modified is silent about comprising holding the fluid in an inner chamber defined by a flexible-walled envelope within an outer, flooded, rigid-walled housing of the container. Skjetne discloses holding fluid in an inner chamber (20) defined by a flexible-walled envelope within an outer, flooded, rigid-walled (“Rigid” is being interpreted as solid) housing (10) of a container (50). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to hold the fluid in an inner chamber defined by a flexible-walled envelope within an outer, flooded, rigid-walled housing of the container. The motivation would have been to increase the utility of the device by providing pressure compensation for hydrostatic pressure to be maintained during chemical dosing and tank raising operations.
As to Claim 39, Lazes discloses the invention of Claim 38 (Refer to Claim 38 discussion). Lazes also discloses comprising inserting the envelope into the housing (Skjetne: 10) through an access opening (Skjetne: Opening of 10 closed by 12) of the housing, when underwater.
As to Claim 40, Lazes discloses the invention of Claim 39 (Refer to Claim 39 discussion). Lazes also discloses comprising closing the access opening (Skjetne: Opening of 10 closed by 12) with a closure (Skjetne: 12) that supports the envelope, such that the envelope is inserted into the housing when the closure closes the access opening.
As to Claim 41, Lazes discloses the invention of Claim 40 (Refer to Claim 40 discussion). Lazes also discloses preceded by lowering the envelope from the surface to the access opening (Skjetne: Opening of 10 closed by 12).
As to Claim 42, Lazes discloses the invention of Claim 41 (Refer to Claim 41 discussion). Lazes also discloses comprising lowering the envelope and the closure (Skjetne: 12) from the surface together, attaching the closure (Skjetne: 12) to the housing, and inserting the envelope into the housing by closing the closure (Skjetne: 12) across the access opening.
As to Claim 43, Lazes discloses the invention of Claim 39 (Refer to Claim 39 discussion). Lazes also discloses comprising accommodating the tensile member within a slot (Skjetne: Figure 8A and 8B, 25) of the envelope when the envelope is inserted into the housing.
As to Claim 44, Lazes discloses the invention of Claim 38 (Refer to Claim 38 discussion). Lazes also discloses comprising extending and contracting the envelope (Skjetne: 20) longitudinally within the housing (Skjetne: 10) in accordance with variations in volume of the fluid held within the envelope.
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 EDWIN J TOLEDO-DURAN whose telephone number is (571)270-7501. The examiner can normally be reached Monday through Friday: 10:00AM to 6:00PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, AMBER ANDERSON can be reached at (571) 270-5281. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EDWIN J TOLEDO-DURAN/Primary Examiner, Art Unit 3678
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