DETAILED ACTION
In response to remarks filed on 5 December 2025
Status of Claims
Claims 1 and 3-8 are pending;
Claims 1 and 3-8 are currently amended;
Claim 2 is cancelled;
Claims 1 and 3-8 are rejected herein.
Response to Arguments
Applicant’s arguments filed on 5 December 2025 have been fully considered and they are not persuasive. The cited portions of the Fitzgerald reference state the term “interchange” and this term means the action of exchanging things with each other. The claim states that the “gas is able to” which indicates capability. In this case, since the ballast is interchanged between the interpreted chambers, then under the broadest reasonable interpretation the gas is capable of passing from the second to the first chamber. The disclosure further gives the possibility of independently/individually managing the chambers, as applicant points out, but this is given as an alternative. Lastly, “an apparatus for servicing an elongate underwater structure” is a broad limitation.
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 and 3-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fitzgerald et al (U.S. Patent Application Publication No. 2003/0180097).
As to Claim 1, Fitzgerald discloses an apparatus for servicing an elongate underwater structure, comprising at least one module (30) for arrangement around the structure (24) and configured for servicing the structure and/or transport (Paragraph 0029: “During installation of the buoyancy module, the sections thereof may be loosely assembled about the riser 24, thus permitting the buoyancy module to be lowered to desired water depth, using the riser as a guide”) along the structure, the apparatus including a first buoyancy chamber (46) having a gas input (56), the first buoyancy chamber being arranged to allow gas from the gas input to displace water from the first buoyancy chamber (Paragraph 0004: “Water or other liquid ballast may be added to or removed from the envelope via the access port or through separate ballast port”; Paragraph 0028: “Additionally, for ballast control, each of the buoyancy modules may be provided with an internal ballast line so that ballast interchange can be accomplished when the buoyancy module is located at desired water depth. Separate gas interchange and ballast interchange lines may be connected with the internal chambers of the flexible envelopes if desired”); the apparatus further including a second buoyancy chamber (Top 46 in Figure 7) connected directly or indirectly in series by a gas line (62) to the first buoyancy chamber (Middle 46 in Figure 7) such that gas is able to pass from the first buoyancy chamber to the second buoyancy chamber and thereby displace water from the second buoyancy chamber (Paragraph 0004: “Water or other liquid ballast may be added to or removed from the envelope via the access port or through separate ballast port”; Paragraph 0028: “Additionally, for ballast control, each of the buoyancy modules may be provided with an internal ballast line so that ballast interchange can be accomplished when the buoyancy module is located at desired water depth. Separate gas interchange and ballast interchange lines may be connected with the internal chambers of the flexible envelopes if desired”).
As to Claim 3, Fitzgerald discloses the invention of Claim 2 (Refer to Claim 2 discussion). Fitzgerald also discloses wherein the apparatus comprises at least first and second said modules, having respectively the first and second buoyancy chambers provided thereon (Figure 7).
As to Claim 4, Fitzgerald discloses the invention of Claim 3 (Refer to Claim 3 discussion). Fitzgerald also discloses wherein the first and second modules are removably connectable together (Figure 7) along the structure (24) and the gas line (62) is removably connectable between the first and second buoyancy chambers (Paragraph 0028: “For inflation control, a manifold line 62 may be extended from the spar to the depth of the buoyancy modules and may be connected with the respective access ports 56 of each of the envelopes 46”).
As to Claim 5, Fitzgerald discloses the invention of Claim 2 (Refer to Claim 2 discussion). Fitzgerald also discloses wherein the second buoyancy chamber is arranged above the first buoyancy chamber (Figure 7).
As to Claim 6, Fitzgerald discloses the invention of Claim 1 (Refer to Claim 1 discussion). Fitzgerald also discloses wherein the or each said buoyancy chamber is open at or around (At 70 or 56. The term “or around” is broad enough to read on the claim) a lower end thereof so as to allow water to be displaced by said gas.
As to Claim 7, Fitzgerald discloses the invention of Claim 1 (Refer to Claim 1 discussion). Fitzgerald also discloses including a valve arranged to control supply of gas through the gas input (Paragraph 0028: “More practically, since the buoyancy modules will be located at differing water depths, the manifold line 62 may include valves which permit selective envelope inflation to accommodate the hydrostatic pressure existing at the particular water depth of individual envelopes”).
As to Claim 8, Fitzgerald discloses the invention of Claim 1 (Refer to Claim 1 discussion). Fitzgerald also discloses including a gas supply (62) provided on at least one said module.
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 and 3-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over in view of Eathorne (U.S. Patent No. 6,371,696) in view of Fitzgerald et al (U.S. Patent Application Publication No. 2003/0180097).
As to Claim 1, Eathorne discloses an apparatus for servicing an elongate underwater structure, comprising at least one module (11) for arrangement around the structure (10) and configured for servicing the structure (50) and/or transport (17) along the structure, the apparatus including a first buoyancy chamber (26) having a gas input, the first buoyancy chamber being arranged to allow gas from the gas input to displace water from the first buoyancy chamber (Column 4, Lines 33-42: “The carriage is further provided with a buoyancy means which serves to balance the apparatus such that it is stable when the central axis of the carriage is substantially upright and which provides a variable ballast means for the carriage to vary its degree of buoyancy. The variable ballast means comprises tanks 26 which are placed at spaced intervals on the carriage and which are associated with a means for delivering water or air into the ballast means in order to vary the buoyancy of the apparatus between a negative buoyancy, a neutral buoyancy, and a positive buoyancy”); the apparatus further including a second buoyancy chamber (Column 4, Lines 33-42: “The variable ballast means comprises tanks 26 which are placed at spaced intervals on the carriage and which are associated with a means for delivering water or air into the ballast means in order to vary the buoyancy of the apparatus between a negative buoyancy, a neutral buoyancy, and a positive buoyancy”).
However, Eathorne is silent about the second buoyancy chamber connected directly or indirectly in series by a gas line to the first buoyancy chamber such that gas is able to pass from the first buoyancy chamber to the second buoyancy chamber and thereby displace water from the second buoyancy chamber. Fitzgerald discloses a second buoyancy chamber (Top 46 in Figure 7) connected directly or indirectly in series by a gas line (62) to the first buoyancy chamber (Middle 46 in Figure 7) such that gas is able to pass from the first buoyancy chamber to the second buoyancy chamber and thereby displace water from the second buoyancy chamber (Paragraph 0004: “Water or other liquid ballast may be added to or removed from the envelope via the access port or through separate ballast port”; Paragraph 0028: “Additionally, for ballast control, each of the buoyancy modules may be provided with an internal ballast line so that ballast interchange can be accomplished when the buoyancy module is located at desired water depth. Separate gas interchange and ballast interchange lines may be connected with the internal chambers of the flexible envelopes if desired”). 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 second buoyancy chamber connected directly or indirectly in series by a gas line to the first buoyancy chamber such that gas is able to pass from the first buoyancy chamber to the second buoyancy chamber and thereby displace water from the second buoyancy chamber. The motivation would have been to recycle gas and ballast.
As to Claim 3, Eathorne discloses the invention of Claim 2 (Refer to Claim 2 discussion). Eathorne also discloses wherein the apparatus comprises at least first and second said modules, having respectively the first and second buoyancy chambers provided thereon (Eathorne: Figure 4).
As to Claim 4, Eathorne discloses the invention of Claim 3 (Refer to Claim 3 discussion). Eathorne also discloses wherein the first and second modules are removably connectable together along the structure and the gas line is removably connectable between the first and second buoyancy chambers (Fitzgerald - Paragraph 0028: “For inflation control, a manifold line 62 may be extended from the spar to the depth of the buoyancy modules and may be connected with the respective access ports 56 of each of the envelopes 46”).
As to Claim 5, Eathorne discloses the invention of Claim 2 (Refer to Claim 2 discussion). Eathorne also discloses wherein the second buoyancy chamber is arranged above the first buoyancy chamber (Fitzgerald: Figure 7; Eathorne: The buoyancy chambers of Eathorne can be one above the other if the apparatus is hanged sideways).
As to Claim 6, Eathorne discloses the invention of Claim 1 (Refer to Claim 1 discussion). Eathorne also discloses wherein the or each said buoyancy chamber is open at or around a lower end thereof so as to allow water to be displaced by said gas (Column 4, Lines 33-42: “The carriage is further provided with a buoyancy means which serves to balance the apparatus such that it is stable when the central axis of the carriage is substantially upright and which provides a variable ballast means for the carriage to vary its degree of buoyancy. The variable ballast means comprises tanks 26 which are placed at spaced intervals on the carriage and which are associated with a means for delivering water or air into the ballast means in order to vary the buoyancy of the apparatus between a negative buoyancy, a neutral buoyancy, and a positive buoyancy”. The term “or around” is broad enough to read on the claim).
As to Claim 7, Eathorne discloses the invention of Claim 1 (Refer to Claim 1 discussion). However, Eathorne is silent about a valve arranged to control supply of gas through the gas input. Fitzgerald discloses a valve arranged to control supply of gas through the gas input (Paragraph 0028: “More practically, since the buoyancy modules will be located at differing water depths, the manifold line 62 may include valves which permit selective envelope inflation to accommodate the hydrostatic pressure existing at the particular water depth of individual envelopes”). 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 valve arranged to control supply of gas through the gas input. The motivation would have been to control the flow of gas.
As to Claim 8, Eathorne discloses the invention of Claim 1 (Refer to Claim 1 discussion). Eathorne also discloses including a gas supply provided on at least one said module (Column 4, Lines 33-42: “The carriage is further provided with a buoyancy means which serves to balance the apparatus such that it is stable when the central axis of the carriage is substantially upright and which provides a variable ballast means for the carriage to vary its degree of buoyancy. The variable ballast means comprises tanks 26 which are placed at spaced intervals on the carriage and which are associated with a means for delivering water or air into the ballast means in order to vary the buoyancy of the apparatus between a negative buoyancy, a neutral buoyancy, and a positive buoyancy”).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
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/EDWIN J TOLEDO-DURAN/Primary Examiner, Art Unit 3678