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 .
Claims 1-20 are pending in the current application.
Specification
The disclosure is objected to because of the following informalities:
Paragraph [0092] line 2 recites “reciprocating unidirectional mechanisms 146”. The correct reference numeral for the reciprocating unidirectional mechanisms is “142”.
Paragraph [0095] lines 12 and 15 each recite “mooring lines 904”. The correct reference numeral for the mooring lines is “906”.
Paragraph [0101] line 8 recites “is ten commissioned”. The examiner believes “ten” should be “then”.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f):
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f). The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f). The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) except as otherwise indicated in an Office action.
In the current claims “tensioning means” and “drive means” are being interpreted under 35 U.S.C. 112(f).
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
The following document have been disclosed by the applicant and will be referred to as noted for the rest of this office action.
D1: US 2011/107 953 A1 (JAHING, JENS) 12 May 2011
D2: DE 10 2012 007613 A1 (SCHOPF WALTER [DE]) 17 October 2013
D3: US 3 540 396 A (HORTON EDWARD E) 17 November 1970
D4: US 2015/191218 A1 (LEVERETTE STEVEN JOHN [US] ET AL) 9 July 2015
Claims 1-3, 6, 8-9 and 18 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by D1.
D1 discloses a buoyant offshore platform (4, 7) for supporting a renewable energy system (3) in a body of water (see figure 1) having a surface and a bed, said buoyant offshore platform comprising:
a base portion (7) for submerging below said surface of said body of water;
a top portion (4) for remaining above said surface of said body of water;
two or more mooring lines (26-28) for fixing the buoyant offshore platform to said bed of said body of water; and
a tensioning means (35 for each of the mooring lines (26, 27, and 28); see also description, paragraph [0034]) for applying tension to the two or more mooring lines (26-28);
wherein the buoyant offshore platform (4, 7) further comprises a floating
configuration (see figure 5, left) in which the buoyant offshore platform is positioned substantially floating on said surface of said body of water;
wherein the buoyant offshore platform (4, 7) comprises a deployed configuration (figure 5, right) in which the base portion is submerged beneath said surface of said body of water and the top portion remains above said surface of said body of water; and
further wherein, in use, the tensioning means (35) is arranged to apply tension to the two or more mooring lines (26-28) fixed between the buoyant offshore platform (4, 7) and said bed of said body of water such that the buoyant offshore platform (4, 7) transitions between the floating configuration and the deployed configuration (see paragraphs [0036-0038]), and
wherein the tensioning means (35) comprises a pulley (36) permanently affixed to the platform (4, 7), the pulley (36) arranged to be driven by a drive means (see paragraph [0034]),
and further arranged to apply a first tensioning force to the two or more mooring lines (26-28) when driven by the drive means (the drive means of (36) induces a tensioning force because it works against the buoyancy force of the floats (12-14).
Regarding claims 8-9 (see Fig. 4 and paragraph [0034]).
The examiner considers the method of claim 18 embodied in the use of the apparatus of D1.
Claims 1 and 18 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by D2. D2 discloses a buoyant offshore platform (see Fig. 1) for supporting a renewable energy system (14-16) in a body of water (see figure 1) having a surface (2) and a bed (1), said buoyant offshore platform comprising:
a base portion (4a-4f, 5a-5f) for submerging below said surface (2) of said body of water;
a top portion (4) for remaining above said surface of said body of water;
one or more mooring lines (34a-34h) for fixing the buoyant offshore platform to said bed of said body of water; and
a tensioning means (31-33) for applying tension to the one or more mooring lines (34a-34h),
wherein the buoyant offshore platform (4, 7) further comprises a floating
configuration (see figure 5, left) in which the buoyant offshore platform is positioned substantially floating on said surface of said body of water;
wherein the buoyant offshore platform comprises a deployed configuration (paragraph [0028]) in which the base portion (4a-4f, 5a-5f) is submerged beneath said surface of said body of water and the top portion (4) remains above said surface of said body of water; and
further wherein, in use, the tensioning means (31-33) is arranged to apply tension to the two or more mooring lines (34a-34h) fixed between the buoyant offshore platform and said bed (1) of said body of water such that the buoyant offshore platform (4, 7) transitions between the floating configuration and the deployed configuration.
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 4-5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over D1 in view of D2. D1 discloses the invention set forth above by does not explicitly disclose wherein the pulley is arranged to direct at least one mooring line into a mooring line storage compartment and where the pulley is driven by a motor, or where the mooring line storage compartment is located within a hollow structural element of the top portion. D2 discloses pulleys (35, 37, 39, 41) which are driven by winch motors (53, 54) and direct the mooring lines into the winch housing 44.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the mooring line be directed by the pulley driven by a motor which is a common drive means in the art and to direct the mooring line into a hollow storage compartment of the top portion to protect the mooring line and to ensure the mooring line is neatly stowed and deployed.
Claims 10-17 and 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over D1 in view of D3 and D4. D1 discloses the invention set forth above by does not explicitly disclose the features where the tensioning means is a reciprocating unidirectional mechanism comprising a chain jack comprising first and second hydraulic rams. D3 discloses the same, (see Figures 5, 7 and 8 and column 4, line 43-column 5 line 3). D4 further discloses removable chain jacks (See abstract). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of D1 to use common tensioning means in the form of removable chain jacks with hydraulic rams as disclosed by D3 and D4. The motivation for doing so is to use known tensioning mechanisms that provide expected results.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 4351258 and US 4281613 each disclose semi-submersible platforms with tensioning systems.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY D WIEST whose telephone number is (571)270-5974. The examiner can normally be reached M-F 6:00 - 3:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Samuel Morano can be reached at 571 272 6684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANTHONY D WIEST/Primary Examiner, Art Unit 3615