DETAILED ACTION
In response to remarks filed on 4 September 2026
Status of Claims
Claims 1-12, 14-37 and 39-44 are pending;
Claims 1, 14, 15, 19, 20, 23, 24, 26, 31, 39 and 44 are currently amended;
Claims 2-12, 16-18, 21, 22, 25, 27-30, 32-37 and 40-43 were previously presented;
Claims 13 and 38 are canceled;
Claims 24, 25 and 43 are objected;
Claims 1-12, 14-23, 26-37, 39-42 and 44 are rejected herein.
Response to Arguments
Applicant’s arguments filed on 4 September 2026 have been fully considered but they are moot since a new secondary reference is being used to reject the claims.
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 1-6, 9, 11, 12, 14-20, 23, 26, 28-33, 35-37, 39-42 and 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 Chitwood et al (U.S. Patent No. 10,046,907).
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”).
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. Chitwood discloses a container (100) that is lowered subsea for storing liquids comprising an outer, flooded, rigid-walled (Column 3, Lines 18-19: “The outer container 110 is rigid, while the inner container 120 is flexible”) housing (110) and at least one inner chamber (120) within the housing, the inner chamber being defined by a flexible-walled envelope (Column 3, Lines 19-22: “For example, the inner container 120 may be a bladder made of a flexible, durable material suitable for storing liquids in a subsea environment”), wherein the inner chamber is used to store fluids (Column 3, Lines 24-26: “The at least one inner container may be used to store at least one liquid or fluidic composition/slurry”) including hydrocarbons (Column 5, Lines 61-63: “At least one inner container may be filled with a liquid including at least one of chemicals, fuel, hydrocarbons, and muds”). 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 have improved performance in handling a change in hydrostatic pressure during lowering, dosing, and raising operations as compared to a subsea storage system without the inner chamber within an outer container assembly (Abstract: “The balance assembly allows for the hydrostatic pressure to be maintained during chemical dosing and tank raising operations”; Column 14, Lines 50-53: “The retrofitted tank may have improved performance in handling a change in hydrostatic pressure during lowering, dosing, and raising operations as compared to the tank without the balance assembly”).
As to Claim 2, Lazes as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Lazes as modified also teaches wherein the tensile member (Lazes: 22, 23) comprises at least one of a pipe, a wire, or a chain.
As to Claim 3, Lazes as modified teaches the invention of Claim 2 (Refer to Claim 2 discussion). Lazes as modified also teaches wherein the tensile member (Lazes: 22, 23) serves as a riser pipe for conveying hydrocarbon fluid from a seabed source (Lazes - 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 as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Lazes as modified also teaches wherein the buoy is integrated with the container (Lazes - 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 as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Lazes as modified also teaches wherein fluid communication between the container (Lazes: 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 (Lazes: 22, 23).
As to Claim 6, Lazes as modified teaches the invention of Claim 5 (Refer to Claim 5 discussion). Lazes as modified also teaches wherein the tensile member (Lazes: 22, 23) contains one or more fluid lines that define the or each flow path (Lazes - 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 as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Lazes as modified also teaches wherein at least one upward fluid flow path (Lazes: Figure 7) from a subsea source communicates with the container (Lazes: 2).
As to Claim 11, Lazes as modified teaches the invention of Claim 9 (Refer to Claim 9 discussion). Lazes as modified also teaches wherein the container has at least one filling port (Lazes: 4) arranged for subsea connection with a flexible hose for filling with fluid from or offloading fluid to a surface vessel (Lazes - 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 as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Lazes as modified also teaches wherein the container (Lazes: 2) is coupled to a flexible hose that extends to the surface for filling with fluid from or offloading fluid to a surface vessel (Lazes - 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 14, Lazes as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Lazes as modified also teaches wherein the housing (Chitwood: 100) has a closed top and/or bottom end defining a trap volume for capturing fluid leaking from the inner chamber (Chitwood: Figure 1).
As to Claim 15, Lazes as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Lazes as modified also teaches wherein the housing (Chitwood: 100) comprises an access opening (Chitwood: 206) through which the envelope of the inner chamber can be inserted, subsea, into the housing.
As to Claim 16, Lazes as modified teaches the invention of Claim 15 (Refer to Claim 15 discussion). Lazes as modified also teaches further comprising a movable or removable closure (Chitwood: 204) that is arranged to close the access opening (Chitwood: 206).
As to Claim 17, Lazes as modified teaches the invention of Claim 16 (Refer to Claim 16 discussion). Lazes as modified also teaches wherein the closure (Chitwood: 204) 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 (Chitwood: 204).
As to Claim 18, Lazes as modified teaches the invention of Claim 17 (Refer to Claim 17 discussion). Lazes as modified also teaches wherein the closure (Chitwood: 204) supports at least one fluid coupling (Chitwood – Column 7, Lines 25-27: “Riser connection point 206 may be connected to a riser (not shown) which in turn may be connected to a storage tank on a seaborne vessel, for example”) that communicates with the envelope to fill the envelope with fluid or to empty fluid from the envelope .
As to Claim 19, Lazes as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Lazes as modified also teaches wherein the or each inner chamber (Chitwood: 120) is substantially symmetrical about a central longitudinal axis of the housing (Chitwood: 100).
As to Claim 20, Lazes as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Lazes as modified also teaches wherein the envelope of the or each of said inner chambers (Chitwood: 120) is extensible or collapsible longitudinally within the housing (Chitwood: 100).
As to Claim 23, Lazes as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Lazes as modified also teaches comprising two or more of said inner chambers disposed end-to-end within a common outer housing (Chitwood – Column 4, Lines 51-55: “For example, the outer container may be large enough to contain one or more flexible inner containers that are capable of storing an amount of liquid sufficient for use for a long duration, such as between resupply operations”).
As to Claim 26, Lazes as modified teaches the invention of Claim 23 (Refer to Claim 23 discussion). Lazes as modified also teaches wherein the housing (Chitwood: 100) comprises at least one port (Chitwood: 138) for inward or outward flow of seawater.
As to Claim 28, Lazes discloses a subsea installation comprising at least one subsea fluid storage system (Lazes: Figure 7) of claim 1 (Refer to Claim 1 discussion).
As to Claim 29, Lazes as modified teaches the invention of Claim 28 (Refer to Claim 28 discussion). Lazes as modified also teaches comprising at least one subsea consumer (Lazes - 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 (Lazes: 2) of the system for supply of that stored fluid to the consumer.
As to Claim 30, Lazes as modified teaches the invention of Claim 28 (Refer to Claim 28 discussion). Lazes as modified also teaches comprising at least one subsea source (Lazes: Interior of 10) of hydrocarbon fluid, in fluid communication with the container (Lazes: 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”).
However, Lazes 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. Chitwood discloses a container (100) that is lowered subsea for storing liquids comprising an outer, flooded, rigid-walled (Column 3, Lines 18-19: “The outer container 110 is rigid, while the inner container 120 is flexible”) housing (110) and at least one inner chamber (120) within the housing, the inner chamber being defined by a flexible-walled envelope (Column 3, Lines 19-22: “For example, the inner container 120 may be a bladder made of a flexible, durable material suitable for storing liquids in a subsea environment”) the inner container holding fluids (Column 3, Lines 24-26: “The at least one inner container may be used to store at least one liquid or fluidic composition/slurry”) including hydrocarbons (Column 5, Lines 61-63: “At least one inner container may be filled with a liquid including at least one of chemicals, fuel, hydrocarbons, and muds”). 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 have improved performance in handling a change in hydrostatic pressure during lowering, dosing, and raising operations as compared to a subsea storage system without the inner chamber within an outer container assembly (Abstract: “The balance assembly allows for the hydrostatic pressure to be maintained during chemical dosing and tank raising operations”; Column 14, Lines 50-53: “The retrofitted tank may have improved performance in handling a change in hydrostatic pressure during lowering, dosing, and raising operations as compared to the tank without the balance assembly”).
As to Claim 32, Lazes as modified teaches the invention of Claim 31 (Refer to Claim 31 discussion). Lazes as modified also teaches wherein the fluid is a hydrocarbon fluid that is conveyed into the container (Lazes: 2) from a subsea source (Lazes: Interior of 10).
As to Claim 33, Lazes as modified teaches the invention of Claim 31 (Refer to Claim 31 discussion). Lazes as modified also teaches wherein the fluid is a chemical for subsea processing or for injection into a subsea well that is conveyed into the container (Lazes: 2) from a surface vessel or underwater vehicle.
As to Claim 35, Lazes as modified teaches the invention of Claim 31 (Refer to Claim 31 discussion). Lazes as modified also teaches comprising conveying fluid into the container (Lazes: 2) or dispensing fluid from the container via a flow path beside or within the tensile member (Lazes: 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 as modified teaches the invention of Claim 31 (Refer to Claim 31 discussion). Lazes as modified also teaches comprising effecting fluid connection, subsea, of a flexible hose (Lazes: 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 (Lazes: 4) of the container (Lazes: 2) and filling the container with fluid, or offloading fluid from the container, through the hose.
As to Claim 37, Lazes as modified teaches the invention of Claim 31 (Refer to Claim 31 discussion). Lazes as modified also teaches comprising effecting fluid connection, at the surface, of a surface vessel to a flexible hose (Lazes - 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 (Lazes: 90) and filling the container with fluid, or offloading fluid from the container, through the hose.
As to Claim 39, Lazes as modified teaches the invention of Claim 31 (Refer to Claim 31 discussion). Lazes as modified also teaches comprising inserting the envelope (Chitwood: 120) into the housing (Chitwood: 100) through an access opening (Chitwood: 206) of the housing, when underwater.
As to Claim 40, Lazes as modified teaches the invention of Claim 39 (Refer to Claim 39 discussion). Lazes as modified also teaches comprising closing the access opening (Chitwood: 206) with a closure (Chitwood: 204) that supports the envelope (Chitwood: 120), such that the envelope is inserted into the housing (Chitwood: 100) when the closure closes the access opening.
As to Claim 41, Lazes as modified teaches the invention of Claim 40 (Refer to Claim 40 discussion). Lazes as modified also teaches preceded by lowering the envelope (Chitwood: 120) from the surface to the access opening (Chitwood: 206).
As to Claim 42, Lazes as modified teaches the invention of Claim 41 (Refer to Claim 41 discussion). Lazes as modified also teaches comprising lowering the envelope (Chitwood: 120) and the closure (Chitwood: 206) from the surface together, attaching the closure (Chitwood: 204) to the housing, and inserting the envelope into the housing by closing the closure (Chitwood: 204) across the access opening (Chitwood: 206).
As to Claim 44, Lazes as modified teaches the invention of Claim 31 (Refer to Claim 31 discussion). Lazes as modified also teaches comprising extending and contracting the envelope (Chitwood: 120) longitudinally within the housing (Chitwood: 100) in accordance with variations in volume of the fluid held within the envelope.
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 Chitwood et al (U.S. Patent No. 10,046,907); and further in view of Maus (U.S. Patent No. 6,578,637).
As to Claim 7, Lazes as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). However, Lazes as modified 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 as modified teaches 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 as modified teaches 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 as modified teaches 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 21 and 22 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 Chitwood et al (U.S. Patent No. 10,046,907); and further in view of Skjetne (U.S. Patent Application Publication No. 2013/0167962).
As to Claim 21, Lazes as modified teaches the invention of Claim 20 (Refer to Claim 20 discussion). However, Lazes as modified is silent about wherein the envelope is disposed between end plates, at least one of which plates is movable longitudinally within the housing to guide extension or contraction of the envelope. Skjetne discloses an envelope is disposed between end plates (12, 22), at least one of which plates is movable longitudinally within the housing (10) to guide extension or contraction of the envelope. 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 envelope disposed between end plates, at least one of which plates is movable longitudinally within the housing to guide extension or contraction of the envelope The motivation would have been to provide some rigidness to the envelope.
As to Claim 22, Lazes as modified teaches the invention of Claim 21 (Refer to Claim 21 discussion). Lazes as modified also teaches wherein at least one of the end plates (Skjetne: 12, 22) comprises material with positive buoyancy.
Allowable Subject Matter
Claims 24, 25 and 43 are objected to as being dependent upon a rejected base claim. Claim 1 would become allowable if the limitations from claim 24 are added to claim 1 without deleting limitations. Claim 31 would be allowable if it mirrors claim 1 in addition to incorporating the limitations from claim 43 to claim 31 without deleting limitations.
Conclusion
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.
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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