Prosecution Insights
Last updated: April 18, 2026
Application No. 18/282,499

Submersible System for Storing Tanks and Method of Storing Tanks on a Seabed

Non-Final OA §103§112
Filed
Sep 15, 2023
Examiner
TOLEDO-DURAN, EDWIN J
Art Unit
3678
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Deep Purple AS
OA Round
3 (Non-Final)
69%
Grant Probability
Favorable
3-4
OA Rounds
2y 8m
To Grant
99%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allow Rate
530 granted / 766 resolved
+17.2% vs TC avg
Strong +33% interview lift
Without
With
+32.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
52 currently pending
Career history
818
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
46.0%
+6.0% vs TC avg
§102
25.8%
-14.2% vs TC avg
§112
22.4%
-17.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 766 resolved cases

Office Action

§103 §112
DETAILED ACTION In response to remarks filed on 19 December 2025 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 19 December 2025 has been entered. Status of Claims Claims 1-18 are pending; Claim 1 is currently amended; Claims 2-18 were previously presented; Claims 1-18 are rejected herein. Response to Arguments Applicant’s arguments filed on 19 December 2025 have been fully considered but they are moot since a new base reference is being used to reject the claims. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1-18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. As to Claim 1, the claim recites “for supporting at least two tanks”. It is unclear if these tanks are part of the “plurality of rigid tanks” claimed before. Appropriate correction is required. Claim 1 recites “for supporting a tank from below”. It is unclear if this tank is part of the “plurality of rigid tanks” and “at least two tanks” claimed before. Appropriate correction is required. Claim 1 recites “positioning a tank from above”. It is unclear if this tank is part of the “plurality of rigid tanks” and “at least two tanks” claimed before. Appropriate correction is required. Claim 1 recites “secure a tank”. It is unclear if this tank is part of the “plurality of rigid tanks” and “at least two tanks” claimed before. Appropriate correction is required. Claim 1 recites “and with tanks positioned”. It is unclear if this tank is part of the “plurality of rigid tanks” and “at least two tanks” claimed before. Appropriate correction is required. Claim 1 recites “the frame structure”. It is unclear if this refers to the “first frame structure”. Appropriate correction is required. Claim 1 recites “at least a frame structure”. It is unclear if applicant means “at least one frame structure”. Appropriate correction is required. As to Claim 2, the claim recites “a tank”. It is unclear if this tank is part of the “plurality of rigid tanks” in claim 1. Appropriate correction is required. Claim 2 recites “comprises at least two cradles”. It is unclear if this refers to the “at least one rigid cradle” of claim 1. Appropriate correction is required. As to Claim 12, the claim recites “a tank”. It is unclear if this tank is part of the “plurality of rigid tanks” in claim 1. Appropriate correction is required. As to Claim 16, the claim recites “a number of tanks”. It is unclear if this tank is part of the “plurality of rigid tanks” in claim 1. Appropriate correction is required. The dependent claims are also rejected for depending on a rejected independent claim. 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 1-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Northcott et al (U.S. Patent No. 6,254,309) in view of Fernandez et al (U.S. Patent No. 4,190,072). As to Claim 1, Northcott discloses a subsea system comprising: At least a first frame structure (24) for horizontal storage of a rigid tank (22) subsea, the tank having positive buoyancy in water; Wherein the first frame structure (24) has a negative buoyancy in water and comprises at least two storage positions (28) for supporting a tank (22); Wherein the storage positions (28) are arranged side by side (Figure 6) in one level and each storage position comprises at least one rigid cradle (28) for supporting a tank from below; and Wherein in use of the subsea system, the tank (22) is secured to the frame (24) by a fastening device (30) having a first state and a second state, wherein: When in the first state (When 30 is open), the fastening device (30) is configured to permit positioning of a tank (22) from above into the at least one cradle (28); and When in the second state (When 30 is closed and around the tank), the fastening device (30) is configured to secure a tank (22) positioned in the at least one cradle (28) in a radial direction of the tank (22) to prevent movement of the tank in a vertical upward direction; and Wherein a total buoyancy of the system when submerged in water, and with the tank (22) positioned in each of the storage positions (28), is negative. However, Northcott is silent about wherein the first frame structure has a negative buoyancy in water and comprises at least two storage positions for supporting at least two tanks; wherein the storage positions are arranged side by side in one level and each storage position comprises at least one rigid cradle for supporting a tank from below, and wherein in use of the subsea system, the tanks are secured to the frame structure by a fastening device. Fernandez discloses a first frame structure with a negative buoyancy in water that comprises at least two storage positions (Annotated figure A, “storage positions / cradles”) for supporting at least two tanks (40, 42, 44); wherein the storage positions are arranged side by side in one level and each storage position comprises at least one rigid cradle (Annotated figure A, “storage positions / cradles”) for supporting a tank (40, 42, 44) from below and wherein in use of the subsea system, the tanks are secured to the frame structure by a fastening device (54). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to have first frame structure comprise at least two storage positions for supporting at least two tanks; wherein the storage positions are arranged side by side in one level and each storage position comprising at least one rigid cradle for supporting a tank from below, and wherein in use of the subsea system, the tanks are secured to the frame structure by a fastening device. The modification would be made by duplicating the structure of Northcott joined side by side. The motivation would have been to increase the storage capacity of the system. As to Claim 2, Northcott as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Northcott as modified also teaches wherein each storage position comprises at least two cradles (28) arranged at a distance from each other in a longitudinal direction of a tank (22) supported by the cradles. As to Claim 3, Northcott as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Northcott as modified also teaches wherein the at least one cradle (28) has a semi-circular shape. As to Claim 4, Northcott as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Northcott as modified also teaches wherein one of said at least one cradle (28) and the fastening device (30) when connected (indirectly), form a closed opening with a circular cross-section (Figure 5). As to Claim 5, Northcott as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Northcott as modified also teaches wherein the fastening device (30) is fixedly connected to one a first end of the at least one cradle (28) and releasably connectable to another a second end of the at least one cradle (All elements are connected to one another, indirectly or directly). As to Claim 6, Northcott as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). However, Northcott as modified is silent about a support surface for supporting a second frame structure thereon and one or more guiding devices for assisting in installing the second frame structure vertically onto the support surface. Fernandez further discloses further comprising a support surface (Top surface of 46) for supporting a second frame structure (58) thereon and one or more guiding devices for assisting in installing the second frame structure vertically onto the support surface (Column 3, Lines 28-34: “Typically, the entire storage assembly may be lowered in place by using a derrick mounted on a barge. Alternatively, the skid may be first lowered in place and each tank lowered separately. Once the entire assembly is on the bottom of the sea, the piles are driven into place to secure it against movement due, for example, to waves or other water disturbances”. The device used to lower is the guiding device). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide a support surface for supporting a second frame structure thereon and one or more guiding devices for assisting in installing the second frame structure vertically onto the support surface. The motivation would have been to increase the structural quality of the apparatus. As to Claim 7, Northcott as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Northcott as modified also teaches wherein each storage position comprises a stopping device (54, 56) for securing the tank (22) in a longitudinal direction of the tank. As to Claim 8, Northcott as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Northcott as modified also teaches further comprising a second frame structure (46) arranged on top of the first frame structure (24); wherein the second frame structure is secured to the first frame structure (via 42). As to Claim 9, Northcott as modified teaches the invention of Claim 8 (Refer to Claim 8 discussion). Northcott as modified also teaches wherein the second frame structure (46) is equal (They are both submarine structures) to the first frame structure (24). As to Claim 10, Northcott as modified teaches the invention of Claim 8 (Refer to Claim 8 discussion). Northcott as modified also teaches wherein the fastening device (30) is provided on an underside of the second frame structure (46). As to Claim 11, Northcott as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Northcott as modified also teaches further comprising a cover (81) on an uppermost one of said at least one frame structure. As to Claim 12, Northcott as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Northcott as modified also teaches wherein the fastening device comprises a first protection sleeve (64) configured to be fixedly connected both to a first end of a tank positioned in one of the cradles and to the first frame structure (They are indirectly fixedly connected); and a second protection sleeve (62) configured to be slidably connected relative a second end of the tank positioned in the cradle and fixedly connected to the first frame structure (They are indirectly fixedly connected). As to Claim 13, Northcott as modified teaches the invention of Claim 12 (Refer to Claim 12 discussion). Northcott as modified also teaches wherein the second protection sleeve (62) is configured to be slidably connected to a flange (66) which is fixedly connected to the second end of the tank (They are indirectly fixedly connected). As to Claim 14, Northcott as modified teaches the invention of Claim 12 (Refer to Claim 12 discussion). Northcott as modified also teaches wherein the first protection sleeve (64) is formed of a first part (Half of 64) and a second part (Other half of 64) and wherein the first part and the second part form a circular opening when connected (They provide a circular opening while connected to accommodate the tank). As to Claim 15, Northcott as modified teaches the invention of Claim 14 (Refer to Claim 14 discussion). Northcott as modified also teaches wherein the second protection sleeve (62) is formed of a first part (Half of 62) and a second part (Other half of 62), and wherein the first part and the second part form a circle when connected (They provide a circular opening while connected to accommodate the tank). As to Claim 16, Northcott discloses a method of storing a number of tanks on a seabed, comprising positioning and securing the tanks (22) in corresponding storage positions in a system according to Claim 1 (Refer to Claim 1 discussion); and submerging the system, with the tanks secured therein, into water and down onto a seabed (Figure 1). As to Claim 17, Northcott as modified teaches the invention of Claim 16 (Refer to Claim 16 discussion). However, Northcott as modified is silent about further comprising submerging a second frame structure into the water and positioning the second frame structure on top of the first frame structure. Fernandez further discloses further comprising submerging a second frame structure into the water and positioning the second frame structure (58) on top of the first frame structure (46). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to submerge a second frame structure into the water and positioning the second frame structure on top of the first frame structure. The motivation would have been to increase the structural quality of the apparatus. As to Claim 18, Northcott as modified teaches the invention of Claim 16 (Refer to Claim 16 discussion). However, Northcott as modified is silent about prior to the step of submerging the first frame structure into the water, the steps of positioning a second frame structure onto the first frame structure; and connecting the second frame structure to the first frame structure. Fernandez further discloses further comprising, prior to the step of submerging the first frame structure into the water, the steps of positioning a second frame structure (58) onto the first frame structure; and connecting the second frame structure to the first frame structure (Column 3, Lines 28-34: “Typically, the entire storage assembly may be lowered in place by using a derrick mounted on a barge. Alternatively, the skid may be first lowered in place and each tank lowered separately. Once the entire assembly is on the bottom of the sea, the piles are driven into place to secure it against movement due, for example, to waves or other water disturbances”). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to prior to the step of submerging the first frame structure into the water, position a second frame structure (58) onto the first frame structure; and connect the second frame structure to the first frame structure. The motivation would have been to increase the structural quality of the apparatus. PNG media_image1.png 801 1050 media_image1.png Greyscale Figure A. Underwater storage system (Fernandez) 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. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /EDWIN J TOLEDO-DURAN/Primary Examiner, Art Unit 3678
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Prosecution Timeline

Sep 15, 2023
Application Filed
Apr 30, 2025
Non-Final Rejection — §103, §112
Aug 01, 2025
Response Filed
Oct 21, 2025
Final Rejection — §103, §112
Dec 19, 2025
Response after Non-Final Action
Jan 21, 2026
Request for Continued Examination
Feb 13, 2026
Response after Non-Final Action
Apr 01, 2026
Non-Final Rejection — §103, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
69%
Grant Probability
99%
With Interview (+32.9%)
2y 8m
Median Time to Grant
High
PTA Risk
Based on 766 resolved cases by this examiner. Grant probability derived from career allow rate.

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