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 .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 20 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claim 20 recites that “the platform is arranged to be assembled in discrete steps and throughout each of said discrete steps the platform is arranged to be self-supporting and free standing.” However, the disclosure does not provide any further explanation as to how this is accomplished, either in the way of determining what constitutes a “discrete” step or any mechanism that allows the platform to be constructed in an unsupported manner. In fact, the disclosure details the use of vertical supports 48 which maintain the components of the platform in position during assembly, in direct contradiction of what is recited in claim 20.
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 4, 10 and 21 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.
Claim 4 recites a manner or order of operations for the assembly of the platform. It is unclear how these method recitations further limit an apparatus claim.
Claim 10 recites “a first mating feature” and “a second different mating feature” in line 2. It is unclear if either of these is the same as the “mating feature” previously recited in parent claim 9.
Claim 21 recites the limitation "the components thereof" in line 1. There is insufficient antecedent basis for this limitation in the claim. It is further unclear which components are intended to be encompassed by this statement.
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 1-11 and 15-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Grossmann US 10,259,542.
Regarding claim 1, Grossman discloses an offshore renewable energy system mounting platform 2 for positioning a renewable energy converter 1 in a body of water, the platform comprising:
a frame having a first structural member 3 and a second structural member 4, the first and second structural members positioned adjacent one another at a mating connection; and
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at least one mooring member 15 affixed to the frame at a tethering location, the at least one mooring member arranged to tether the frame to a bed of the body of water in an in-use configuration;
wherein at least one of the first and second structural members comprises a buoyancy (column 5, lines 25-45); and
wherein in the in-use configuration, a tension in the mooring member is arranged to counteract said buoyancy to urge the first and second structural members together at the mating connection.
Regarding claim 2, Grossman discloses the invention as claimed as detailed above with respect to claim 1. Grossman also discloses that in the in-use configuration, at least a portion of the frame 2 is submerged in the body of water (column 5, lines 25-29).
Regarding claim 3, Grossman discloses the invention as claimed as detailed above with respect to claim 1. Grossman also discloses that the frame further comprises a temporary or permanent mechanical fixing arranged to affix the first 3 and second 4 structural members together at the mating connection. Note that as they are mechanically connected, there is inherently some temporary or permanent mechanical fixing.
Regarding claim 4 as best understood, Grossman discloses the invention as claimed as detailed above with respect to claim 3. Grossman also discloses that said affixing is arranged to occur prior to and/or during a deployment of the platform to the in-use configuration, as this covers all possible scenarios.
Regarding claim 5, Grossman discloses the invention as claimed as detailed above with respect to claim 1. Grossman also discloses that the first structural member 3 forms a base portion of the frame 2 and wherein the second structural member forms an upper portion 4 of the frame, wherein the tethering location is located on the second structural member.
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Regarding claims 6 and 7, Grossman discloses the invention as claimed as detailed above with respect to claim 5. Grossman also discloses that the first and second structural members comprises said buoyancies, as without further limitation any component comprises a buoyancy.
Regarding claim 8, Grossman discloses the invention as claimed as detailed above with respect to claim 1. Grossman also discloses that the first structural member 3 comprises a subassembly of one or more first braces 6, 7.
Regarding claim 9, Grossman discloses the invention as claimed as detailed above with respect to claim 8. Grossman also discloses that each of the one or more first braces 6, 7 comprises a mating feature 7 located at each end of the respective first brace, each said mating feature arranged to engage a corresponding mating feature of an adjacent first brace to provide the mating connection. In this case, the nodal structure 7 can be interpreted as a mating feature at the end of brace 6, which interfaces with the adjacent brace.
Regarding claim 10, Grossman discloses the invention as claimed as detailed above with respect to claim 9. Grossman also discloses that each said first brace 6, 7 comprises a first mating feature type 7 located at one end thereof, and a second different mating feature type located at a second end thereof, the first mating feature type arranged to engage an end of an adjacent first brace having the second mating feature type. In this case, the nodal structure 7 can be interpreted as a mating feature at the end of brace 6, which interfaces with the adjacent brace.
Regarding claim 11, Grossman discloses the invention as claimed as detailed above with respect to claim 8. Grossman also discloses that the second structural member 4 comprises one or more second braces 9, 10, each of the one or more second braces having a first end comprising a mating feature arranged to engage the first structural member at the mating connection.
Regarding claims 15, 16 and 17, Grossman discloses the invention as claimed as detailed above with respect to claims 8 and 11. Grossman also discloses that all of the first braces and the second braces comprise a said buoyancy, as without further limitation any component comprises a buoyancy.
Regarding claim 18, Grossman discloses the invention as claimed as detailed above with respect to claim 8. Grossman also discloses that all of the first braces 6, 7 are identical.
Regarding claim 19, Grossman discloses the invention as claimed as detailed above with respect to claim 8. Grossman also discloses that all of the second braces 9, 10 are identical.
Regarding claim 20 as best understood, Grossman discloses the invention as claimed as detailed above with respect to claim 1. Grossman also discloses that the platform 2 is arranged to be assembled in discrete steps and throughout each of said discrete steps the platform is arranged to be self-supporting and free standing. In this case, one discrete step could be assembly of the first structural member 3, while another discrete step could be attaching the second structural member 4.
Regarding claim 21 as best understood, Grossman discloses the invention as claimed as detailed above with respect to claim 1. Grossman also discloses that the components thereof each comprise a mating feature arranged to accept or engage with a complementary mating feature of an adjacent said component (as all the components are attached).
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 12-14, 18, 19 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Grossmann US 10,259,542.
Regarding claim 12, Grossman discloses the invention as claimed as detailed above with respect to claim 8. Grossman also teaches that the frame in the in-use configuration further comprises a tetrahedral shape;
wherein the first structural member 3 forms a base portion; and
wherein the second structural member 4 forms an upper portion defined by said second braces, each extending from the mating connection of said base.
Grossman does not teach that the first structural member forms a triangular base portion defined by three said first braces, however it would have been an obvious matter of design choice to make the different portions of the base triangular or of whatever form or shape was desired or expedient in order to obtain the desired stability, size, or material usage. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47. As modified, there would be three upper and three lower braces. Put differently, it would have been obvious to one having ordinary skill in the art at the time the invention was made to use three braces in each section to avoid having redundant members, since it has been held that omission of an element and its function in a combination where the remaining elements perform the same functions as before involves only routine skill in the art. In re Karlson, 136 USPQ 184.
Regarding claim 13, Grossman discloses the invention as claimed as detailed above with respect to claim 12. Grossman also teaches that the frame 2 further comprises a transition member 11 arranged to connect each of the second braces 9, 10 at an end thereof distal to the triangular base portion.
Regarding claim 14, Grossman discloses the invention as claimed as detailed above with respect to claim 13. Grossman also teaches that the transition member 11 is arranged to support a said renewable energy converter 1 thereon.
Regarding claim 18, Grossman discloses the invention as claimed as detailed above with respect to claim 8. In an alternate interpretation, Grossman does not explicitly teach that all of the first braces are identical. It would have been obvious to one having ordinary skill in the art at the time the invention was made to make all the first braces identical in order to simplify manufacturing or installation, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Regarding claim 19, Grossman discloses the invention as claimed as detailed above with respect to claim 8. In an alternate interpretation, Grossman does not explicitly teach that all of the second braces are identical. It would have been obvious to one having ordinary skill in the art at the time the invention was made to make all the second braces identical in order to simplify manufacturing or installation, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Regarding claim 22, Grossman teaches an offshore renewable energy system mounting platform 2 for positioning a renewable energy converter 1 in a body of water, the platform comprising:
a tetrahedral frame having:
a base portion 3 comprising elongate first braces 6, 7 forming a mating connection at each vertex of said base portion, at least one of the first braces comprising a buoyancy;
an upper portion 4 comprising elongate second braces 9, 10, each of the elongate second braces extending from and engaged at a first end thereof with, a corresponding said mating connection; and
a transition member 11 positioned engaged with a second end of each of the second braces and forming an upper tip of the tetrahedral frame, the transition member arranged to support the renewable energy converter thereon;
the platform further comprising:
a mooring member 15 affixed to a tethering location positioned on the upper portion and/or the transition member, and arranged to tether the frame to a bed of the body of water in an in-use configuration; and
wherein in the in-use configuration, a tension provided by the mooring member is arranged to counteract said buoyancy to urge the base portion and the upper portion together at the mating connection (column 5, lines 25-45).
Grossman does not teach a triangular base portion defined by three first braces, or that the upper portion comprises three second braces, however it would have been an obvious matter of design choice to make the different portions of the base triangular or of whatever form or shape was desired or expedient in order to obtain the desired stability, size, or material usage. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47. As modified, there would be three upper and three lower braces. Put differently, it would have been obvious to one having ordinary skill in the art at the time the invention was made to use three braces in each section to avoid having redundant members, since it has been held that omission of an element and its function in a combination where the remaining elements perform the same functions as before involves only routine skill in the art. In re Karlson, 136 USPQ 184.
Claims 3, 4 and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Grossmann US 10,259,542 in view of Loeken US 12,157,545.
Regarding claim 3, Grossman discloses the invention as claimed as detailed above with respect to claim 1. In an alternate interpretation, Grossman does not teach that the frame further comprises a temporary or permanent mechanical fixing arranged to affix the first and second structural members together at the mating connection. Loeken teaches a floating platform for an offshore energy system, in which the components are modular and comprise temporary or permanent mechanical fixings 801, 802, 901-906 arranged to affix the structural members together at mating connections. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the platform of Grossman with mechanical connections as taught by Loeken in order to ensure all members stay in place as desired, and provide for easier assembly and maintenance.
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Figure 3- Loeken Figures 65 & 66
Regarding claim 4, Grossman and Loeken teach the invention as claimed as detailed above with respect to claim 3. Loeken also teaches that said affixing is arranged to occur prior to and/or during a deployment of the platform to the in-use configuration (figures 67-73). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the platform of Grossman to be assembled whenever desired as taught by Loeken in order to provide a flexible range of assembly options, including being able to take advantage of a greater range of installation scenarios.
Regarding claim 9, Grossman discloses the invention as claimed as detailed above with respect to claim 8. In an alternate interpretation, Grossman does not teach that each of the one or more first braces comprises a mating feature located at each end of the respective first brace, each said mating feature arranged to engage a corresponding mating feature of an adjacent first brace to provide the mating connection. Loeken teaches a floating platform for an offshore energy system, in which the components are modular and comprise temporary or permanent mechanical fixings 801, 802, 901-906 arranged to affix the structural members together at mating connections. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the platform of Grossman with mechanical connections as taught by Loeken in order to ensure all members stay in place as desired, and provide for easier assembly and maintenance.
Regarding claim 10, Grossman and Loeken teach the invention as claimed as detailed above with respect to claim 9. In an alternate interpretation, Grossman does not teach that each said first brace comprises a first mating feature type located at one end thereof, and a second different mating feature type located at a second end thereof, the first mating feature type arranged to engage an end of an adjacent first brace having the second mating feature type. Loeken teaches that the members can comprise a first mating feature type (for example 902) located at one end thereof, and a second different mating feature type (for example 103/903) located at a second end thereof, the first mating feature type arranged to engage an end of an adjacent first brace having the second mating feature type. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the platform of Grossman with mechanical connections as taught by Loeken in order to ensure all members stay in place as desired, and provide for easier assembly and maintenance.
Regarding claim 11, Grossman discloses the invention as claimed as detailed above with respect to claim 8. Grossman also teaches that the second structural member 4 comprises one or more second braces 9, 10, each of the one or more second braces having a first end comprising a mating feature arranged to engage the first structural member at the mating connection, but does not teach details of the mating feature. Loeken teaches a floating platform for an offshore energy system, in which a second structural member comprises one or more second braces 101-103, each of the one or more second braces having a first end comprising a mating feature 801-802 arranged to engage a first structural member 602-604 at the mating connection. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the platform of Grossman with mechanical connections as taught by Loeken in order to ensure all members stay in place as desired, and provide for easier assembly and maintenance.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Yang US 11,142,291 teaches a tetrahedral platform on which mooring members are connected to the top section.
Bergua US 9,738,351 and Ray US 3,919,957 teach floating platforms on which mooring members are connected to the top section.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Marc Burgess whose telephone number is (571)272-9385. The examiner can normally be reached M-F 08:30-15:00.
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/MARC BURGESS/Primary Patent Examiner, Art Unit 3615