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 .
DETAILED ACTION
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 3, 5 - 9, 15, 16, 22 - 28, and 30 - 33 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Mouchel (GB 2520512) or, in the alternative, under 35 U.S.C. 103 as obvious over Mouchel in view of Martin (US 5,947,641).
Regarding claim 1, Mouchel discloses a method of laying an assembly of a flexible elongate element (flexible conduit 48) and a rigid accessory (fitting 46) into water from an installation vessel (10), the method comprising: advancing the assembly with the accessory (46) and the element (48) in longitudinal series and with an elongate longitudinally-curved cradle (guiding means 26) attached to the assembly, the cradle overlapping longitudinally with both the element and the accessory; and advancing the assembly and the cradle together over a longitudinally-convex guide (longitudinally-convex unlabeled axis about which the cradle 26 rotates mounted on a lay tower (tower 20) (Figs. 4, 6, 7, and 8) of the installation vessel, with the cradle interposed between the assembly on an upper side of the cradle and the guide on a lower side of the cradle (Figs. 4 and 6 - 9; page 9, line 23 - page 10, line 27; page 12, lines 17 - 22; page 13, lines 5 - 15). Examiner notes that the cradle as taught by Mouchel and the cradle as disclosed in the present application both have a channel in which the flexible elongate element and rigid accessory are located and an inner side that matches the curvature of a wheel and, therefore, Mouchel teaches the a first, longitudinally- convex side to the assembly opposed to a second, longitudinally-concave side extending along a length of the cradle, wherein the second side of the cradle has transversely convex curvature inasmuch as the present application does. Assuming arguendo that Mouchel does not clearly disclose the second side is longitudinally concave and transversely convex, Martin teaches the second side (side of sheave 20 adjacent surface 18) is longitudinally concave and transversely convex (Fig. 1, 3c, and 4; col. 2, line 37 - col. 3, line 44). It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have substituted the shape of the cradle as taught by Martin for the shape of the cradle as disclosed by Mouchel as a design consideration within the skill of the art to securely hold the elongate element and rigid accessory in the cradle and to prevent lateral movement of the elongate element and rigid accessory in the cradle.
Regarding claim 3, Mouchel further discloses the lower side of the cradle (26) has transversely convex curvature (Figs. 4 and 4a). Assuming arguendo that Mouchel does not clearly disclose the lower side is transversely convex, Martin teaches the second side (side of sheave 20 adjacent surface 18) is transversely convex (Fig. 1, 3c, and 4; col. 2, line 37 - col. 3, line 44). It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have substituted the shape of the cradle as taught by Martin for the shape of the cradle as disclosed by Mouchel as a design consideration within the skill of the art to securely hold the elongate element and rigid accessory in the cradle and to prevent lateral movement of the elongate element and rigid accessory in the cradle.
Regarding claim 5, Mouchel further discloses the upper side of the cradle (26) has a radius of transversely concave curvature that substantially matches a radius of transversely convex curvature of the accessory (48) (Figs. 4 and 7).
Regarding claim 6, Mouchel further discloses the upper side of the cradle (26) has a radius of transversely concave curvature that is centered on an axis parallel to, or coincident with, a central longitudinal axis of the element (48) (Figs. 4, 6, 7, 7a, 8, 8a, and 9).
Regarding claim 7, Mouchel further discloses one or more supports (clamp mechanism 34) disposed on a proximal side of the accessory (46) extending between the upper side of the cradle (26) and an outer surface of the element (Figs. 2, 4a, 6, 6a, 7, 7a, and 8a; page 11, lines 4 - 13).
Regarding claim 8, Mouchel further discloses the support (34) has an end face with transversely concave curvature (Figs. 2, 4a, 6a, 7a, and 8a).
Regarding claim 9, Mouchel further discloses the support (34) extends to a height corresponding to a cross-sectional radius of the accessory (46) minus a cross-sectional radius of the element (48) (Figs. 2, 4a, 6a, 7a, and 8a).
Regarding claim 15, Mouchel further discloses restraining movement (via clamp 34) of the element (48) toward the upper side of the cradle (26) (Figs. 4a, 6a, 7a, and 8a).
Regarding claim 16, Mouchel further discloses the accessory (46) is a head at an end of the element (48) (Figs. 5 - 7; page 12, lines 17 - 22; page 13, lines 5 - 15).
Regarding claim 22, Mouchel discloses an assembly for subsea installation comprising a flexible elongate element (flexible conduit 48) and a rigid accessory (fitting 46) in longitudinal series, in combination with an elongate longitudinally-curved cradle (guiding means 26) attached to, and laterally offset from a longitudinal axis of, the assembly, wherein the cradle extends between and overlaps longitudinally with the element (48) and the accessory (46) and presents a first, longitudinally- convex side (inner side of guiding means 26, which is the side adjacent the unlabeled spokes extending outwardly from the unlabeled axle; see Fig. 4) to the assembly opposed to a second, longitudinally-concave side (channel 23) extending along a length of the cradle, wherein the second side of the cradle has transversely convex curvature (Figs. 4 and 6 - 9; page 10, lines 21 - 27; page 12, lines 17 - 22; page 13, lines 5 - 15). Examiner notes that the cradle as taught by Mouchel and the cradle as disclosed in the present application both have a channel in which the flexible elongate element and rigid accessory are located and an inner side that matches the curvature of a wheel and, therefore, Mouchel teaches the a first, longitudinally- convex side to the assembly opposed to a second, longitudinally-concave side extending along a length of the cradle, wherein the second side of the cradle has transversely convex curvature inasmuch as the present application does. Assuming arguendo that Mouchel does not clearly disclose the second side is longitudinally concave and transversely convex, Martin teaches the second side (side of sheave 20 adjacent surface 18) is longitudinally concave and transversely convex (Fig. 1, 3c, and 4; col. 2, line 37 - col. 3, line 44). It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have substituted the shape of the cradle as taught by Martin for the shape of the cradle as disclosed by Mouchel as a design consideration within the skill of the art to securely hold the elongate element and rigid accessory in the cradle and to prevent lateral movement of the elongate element and rigid accessory in the cradle.
Regarding claim 23, Mouchel further discloses one or more supports (clamp mechanism 34) disposed on a proximal side of the accessory (46) that extend between the first side of the cradle (26) and an outer surface of the element (Figs. 2, 4a, 6, 6a, 7, 7a, and 8a; page 11, lines 4 - 13).
Regarding claim 24, Mouchel further discloses the support (34) has at least one end face with transversely concave curvature (Figs. 2, 4a, 6a, 7a, and 8a).
Regarding claim 25, Mouchel further discloses the support (34) extends to a height corresponding to a cross-sectional radius of the accessory (46) minus a cross-sectional radius of the element (48) (Figs. 2, 4a, 6a, 7a, and 8a).
Regarding claim 26, Mouchel further discloses the support (34) is fixed to the element (48) and is separable from the cradle (26) (Figs. 2, 4a, 6, 6a, 7, 7a, and 8a; page 10, line 26 - page 11, line - 13).
Regarding claim 27, Mouchel further discloses the support (34) is fixed to the cradle (26) and is separable from the element (48) (Figs. 2, 4a, 6, 6a, 7, 7a, and 8a; page 10, line 26 - page 11, line - 13).
Regarding claim 28, Mouchel further discloses the support (34) is fixed to the cradle (26) and to the element (48) and is of variable height (Figs. 4a and 6a illustrate the upper end of the support has a smaller radius/height as compared to the remainder of the support) (Figs, 4a and 6a; page 10, line 26 - page 11, line - 13).
Regarding claim 30, Mouchel further discloses the first side of the cradle (26) has a radius of transversely concave curvature that substantially matches a radius of transversely convex curvature of the accessory (48) (Figs. 4 and 7).
Regarding claim 31, Mouchel further discloses the first side of the cradle (26) has a radius of transversely concave curvature that is centered on an axis parallel to, or coincident with, a central longitudinal axis of the element (48) (Figs. 4, 6, 7, 7a, 8, 8a, and 9).
Regarding claim 32, Mouchel further discloses the accessory (46) is a head at an end of the element (48) (Figs. 5 - 7; page 12, lines 17 - 22; page 13, lines 5 - 15).
Regarding claim 33, Mouchel further discloses equipment effecting a transition between the head (46) and the element (48) (Figs. 5 - 7; page 10, lines 21 - 27).
Allowable Subject Matter
Claims 2, 4, 10 - 14, 17 - 21, 34, and 35 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments with respect to claims 1, 3, 5 - 9, 15, 16, 22 - 28, and 30 - 33 have been considered but are moot in view of new grounds of rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN D ANDRISH whose telephone number is (571)270-3098. The examiner can normally be reached Mon-Fri: 6:30 AM - 4:00 PM.
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/SEAN D ANDRISH/Primary Examiner, Art Unit 3678
SA
3/27/2026
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