Prosecution Insights
Last updated: July 17, 2026
Application No. 18/772,328

SUBSEA CONTROL AND COMMUNICATION SYSTEM

Non-Final OA §103
Filed
Jul 15, 2024
Priority
Jul 27, 2023 — GB 2311565.2
Examiner
LEE, CHAE S
Art Unit
Tech Center
Assignee
Siemens Energy AS
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
328 granted / 376 resolved
+27.2% vs TC avg
Moderate +14% lift
Without
With
+13.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
18 currently pending
Career history
398
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
96.1%
+56.1% vs TC avg
§112
1.3%
-38.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 376 resolved cases

Office Action

§103
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 . Specification The abstract of the disclosure is objected to because at the end of the page it says “Fig. 2” without any meaning. Appropriate correction is suggested. 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. Claim(s) 1-3 and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Moen et al. (US 2020/0190931, hereinafter “Moen”) in view of Chelmecki et al. (US 2023/0231920, hereinafter “Chelmecki”). For claims 1 and 11, Moen discloses A subsea control system for transmitting and receiving subsea related data to and from a surface control system (FIG. 6 illustrates a flow diagram depicting example operations which may be taken by the subsea control system with respect to transmitting subsea related data to and from a topside control system and a subsea control system; see Moen par. 0093 and Fig. 6), the subsea control system comprising: a connecting Subsea Electronic Module, SEM, in connection with a high-speed communications conduit (The topside control system 140 is in communication with two connecting SEMS 207a and 207b via high speed communications conduits 201a, 201b, 201c; see Moen par. 0078 and Fig.5), wherein the connecting SEM receives and transmits the subsea related data to and from the surface control system via the high-speed communications conduit (The method comprises receiving and transmitting 30, in at least one connecting SEM 7, 7a and/or 7b, the subsea related data via at least one high speed communication conduit; see Moen par. 0095 and Fig. 6); and a plurality of processing SEMs, each processing SEM of the plurality of processing SEMs connected to the connecting SEM to receive and transmit the subsea related data (The subsea control system shown in FIG. 5 further includes a plurality of processing SEMs 209a-209e and 210a-210e. A first subset of processing SEMs 209a-209e are connected in a multidrop configuration 205a with the first connecting SEM 207a and are configured to receive and transmit subsea related data on the first high speed communications conduit 201a, 202, 201b through the first connecting SEM 207a and the first multidrop network 205a; see Moen par. 0082 and Fig. 5), a portion of the connection between each processing SEM and the connecting SEM including a high-speed connection (the connecting SEM 7, 7a and 7b may function as in intermediate between the multidrop network and the topside control system. It should be appreciated that such received data may originate from the topside control system 140 or from a processing SEM 9a-9an and 9b-9bn within the multidrop network; see Moan par. 0096 and Fig. 6); Moen does not explicitly disclose wherein the receiving and transmitting of subsea related data between the connecting SEM and the processing SEMs on the high-speed connection is in compliance with the IEEE 802.3cg standard as of the effective date of filing of this patent. Chelmecki discloses wherein the receiving and transmitting of subsea related data between the connecting SEM and the processing SEMs on the high-speed connection is in compliance with the IEEE 802.3cg standard as of the effective date of filing of this patent (Thus, as seen in FIG. 6, because the SPE sensor devices 10, 10a are configured for communication with each other over the network 33 (e.g., via SPE switch/uplink 34), a user 64 may configure multiple or all SPE sensor devices 10, 10a on a network 33 through a single SPE sensor device 10a configured to act as a bulk configuration interface….The present disclosure thus describes a single pair ethernet (SPE) sensor device 10 having an autoconfiguration mode and SPE sensor networks 33, 40 including such an SPE sensor device 10. The improved SPE sensor device 10 and sensor networks 33, 40 described utilize the IEEE 802.3cg SPE standard to lower the cost of cabling and to optionally provide for integrated power delivery. The improved SPE sensor device 10 and sensor networks 33, 40 of the present disclosure simplify environmental sensing for industrial or building automation by being configurable to communicate directly with higher level automation protocols, and simplify deployment by providing an auto, automatic, or zero-configuration mode to solve, eliminate, mitigate, overcome, and/or improve issues associated with manual configuration of industrial and/or building automation sensors and/or sensor networks; see Chelmecki par. 0038-0040, 0022-0026). It would have been obvious to the ordinary skilled in the art before the effective filing date to use Chelmecki's arrangement in Moen's invention to improve industrial and/or building sensor and sensor network that would utilize the IEEE 802.3cg SPE standard to lower the cost of cabling and to optionally provide for integrated power (see Chelmecki par. 0018). For claims 2 and 12, Moen discloses The subsea control system of claim 1, wherein the plurality of processing SEMs are connected with the connecting SEM to define a network having a multidrop configuration (The connecting SEM(s) is the point of contact between the topside control system and the multidrop network. The connection SEMs 7a and 7b may be configured to distribute control and/or processing data to any number of processing SEMs (e.g., processing SEMs 9a, 9b and 9c as illustrated in FIG. 2, configuration A) connected in a network in the multidrop configuration.; see Moen par. 0059, 0102 and Fig. 2). For claims 3 and 13, Moen discloses The subsea control system of claim 2, wherein the connecting SEM provides a multidrop link to each of the processing SEMs, without requiring direct connection of each processing SEM to a central distribution unit (As illustrated in FIG. 3, two connecting SEMs 7a and 7b may act as a distribution point in the multidrop network in case the topside connection is not provided directly to the processing SEM 9a and 9b. The connecting SEMs 7a and 7b may be in communication with any number of processing SEMs 9a-9an and 9b-9bn. It should be appreciated that the processing SEMs of FIG. 3 may be in a multidrop network configuration as illustrated by example configures A, B and C of FIG. 2, or any other multidrop topology known in the field; see Moen par. 0070). Claim(s) 4-10 and 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over Moen and Chelmecki and further in view of Brekke et al. (US 2017/0126429, hereinafter “Brekke”). For claims 4 and 14, the combination of Moen and Chelmecki does not explicitly disclose The subsea control system of claim 1, wherein a first processing SEM utilizes a legacy communication scheme, and wherein a connection between the first processing SEM and the connecting SEM includes a first portion that utilizes the legacy communication scheme and a second portion that utilizes a new communication scheme in compliance with the IEEE 802.3cg standard as of the effective date of filing of this patent. Brekke discloses The subsea control system of claim 1, wherein a first processing SEM utilizes a legacy communication scheme, and wherein a connection between the first processing SEM and the connecting SEM includes a first portion that utilizes the legacy communication scheme and a second portion that utilizes a new communication scheme in compliance with the IEEE 802.3cg standard as of the effective date of filing of this patent (FIG. 2 shows a subsea communication system 100 according to an embodiment of the invention. Such system provides an upgrade of the communication infrastructure, while it allows communication with the existing subsea units 10, termed legacy subsea units hereinafter. Legacy subsea units 10 employ a first communication method for data communication, which is a legacy method that allows data communication only at a reduced bandwidth compared to state of the art communication methods. The subsea communication system 100 comprises a subsea communication distribution unit (SCDU) 20 that communicates by making use of a second communication method that achieves a higher data communication bandwidth compared to the first communication method. It may furthermore comprise one or more new subsea units 40 that also employ the second communication method for communicating with the subsea communication distribution unit 20… Although the communication links 41 and 46 are both Ethernet communication links, they may be different on a physical level. As an example, the communication link 46 may employ an optical fiber as a transmission medium and may make use of optical fiber high speed transceivers (e.g. according to 100BASEFX), whereas the communication link 41 may employ electrical conductors as a transmission medium and Ethernet network interface cards for establishing the connection (e.g. according to 100BASE-T); see Brekke par. 0062-0064). It would have been obvious to the ordinary skilled in the art before the effective filing date to use Brekke's arrangement in Moen's invention to improve the communication between subsea units and topside units, and in particular to be capable of increasing the bandwidth and facilitating the upgrading of such communication system (see Brekke par. 0007). For claims 5 and 15, the combination of Moen and Chelmecki does not explicitly disclose The subsea control system of claim 4, further comprising a subsea communication adapter positioned in the connection to define the first portion and the second portion, the subsea communication adapter operable to convert communication signals between the legacy communication scheme and the new communication scheme. Brekke discloses The subsea control system of claim 4, further comprising a subsea communication adapter positioned in the connection to define the first portion and the second portion, the subsea communication adapter operable to convert communication signals between the legacy communication scheme and the new communication scheme (In step S5, the communication adapter converts between the first communication method and the second communication method. This involves at least the conversion between the first communication protocol and the second communication protocol. By means of the different physical interfaces 51, 52, conversion is also provided on the physical level. Accordingly, a communication between the first subsea unit and the second subsea unit is enabled; see Brekke par. 0091, 0080). It would have been obvious to the ordinary skilled in the art before the effective filing date to use Brekke's arrangement in Moen's invention to improve the communication between subsea units and topside units, and in particular to be capable of increasing the bandwidth and facilitating the upgrading of such communication system (see Brekke par. 0007). For claims 6 and 16, the combination of Moen and Chelmecki does not explicitly disclose The subsea control system of claim 4, wherein the legacy communication scheme is a non-Ethernet communication method. Brekke discloses The subsea control system of claim 4, wherein the legacy communication scheme is a non-Ethernet communication method (On the first communication interface 51, communication generally occurs in accordance with the communication protocol used by the legacy subsea unit 10 towards which a connection is to be established. This may for example be a multidrop communication protocol. In particular, it may be a CAN communication protocol, such as CAN-open, or it may be a Profibus, Modbus or other non-Ethernet communication protocol. On the second communication interface 52, data communication may occur according to an Ethernet communication protocol; see Brekke par. 0081). It would have been obvious to the ordinary skilled in the art before the effective filing date to use Brekke's arrangement in Moen's invention to improve the communication between subsea units and topside units, and in particular to be capable of increasing the bandwidth and facilitating the upgrading of such communication system (see Brekke par. 0007). For claims 7 and 17, the combination of Moen and Chelmecki does not explicitly disclose The subsea control system of claim 4, wherein the subsea communication adapter is configured to convert between the legacy communication scheme and the new communication scheme both on a physical level and on a protocol level. Brekke discloses The subsea control system of claim 4, wherein the subsea communication adapter is configured to convert between the legacy communication scheme and the new communication scheme both on a physical level and on a protocol level (The subsea communication adapter 50 comprises a conversion unit that provides conversion between the first communication method and the second communication method. The conversion involves at least the conversion between a first communication protocol of the first communication method and a second communication protocol of the second communication method. Preferably, it involves a conversion between the two communication methods both on a physical level and on a protocol level; see Brekke par. 0068). It would have been obvious to the ordinary skilled in the art before the effective filing date to use Brekke's arrangement in Moen's invention to improve the communication between subsea units and topside units, and in particular to be capable of increasing the bandwidth and facilitating the upgrading of such communication system (see Brekke par. 0007). For claims 8 and 18, the combination of Moen and Chelmecki does not explicitly disclose The subsea control system of claim 4, wherein the subsea communication adapter includes a first communication interface configured to establish at least one of a CAN connection, an RS-485 connection, an RS-422 connection, a RS-232 connection, or a network modem connection, and a second communication interface configured to establish an Ethernet connection. Brekke discloses The subsea control system of claim 4, wherein the subsea communication adapter includes a first communication interface configured to establish at least one of a CAN connection, an RS-485 connection, an RS-422 connection, a RS-232 connection, or a network modem connection, and a second communication interface configured to establish an Ethernet connection (The subsea communication adapter may thus for example convert between the first communication method employing a physical layer such as a differential serial bus, in particular a CAN bus, an RS-485, RS-422 or RS-232 physical layer or a network modem physical layer and the physical layer of second communication method, which may employ the Ethernet physical layer; see Brekke par. 0042, 0038, 0077). It would have been obvious to the ordinary skilled in the art before the effective filing date to use Brekke's arrangement in Moen's invention to improve the communication between subsea units and topside units, and in particular to be capable of increasing the bandwidth and facilitating the upgrading of such communication system (see Brekke par. 0007). For claims 9 and 19, the combination of Moen and Chelmecki does not explicitly disclose The subsea control system of claim 4, wherein the subsea communication adapter comprises a subsea enclosure that maintains a predefined internal pressure when installed subsea, wherein the subsea enclosure is configured to allow deployment of the subsea communication adapter in a water depth between 350 m and 5000 m. Brekke discloses The subsea control system of claim 4, wherein the subsea communication adapter comprises a subsea enclosure that maintains a predefined internal pressure when installed subsea, wherein the subsea enclosure is configured to allow deployment of the subsea communication adapter in a water depth between 350 m and 5000 m (the subsea communication adapter comprises a subsea enclosure, wherein the subsea enclosure is configured to allow the deployment of the subsea communication adapter in a water depth of 350 m or more, preferably of 1,000 m or more. The subsea enclosure may be a pressure resistant enclosure that maintains a predefined internal pressure when installed subsea, such as a pressure below 10 bar, for example a pressure between about 1.5 bar and about atmospheric pressure. The subsea enclosure may comprise a chamber in which the conversion unit is disposed; see Brekke par. 0047). It would have been obvious to the ordinary skilled in the art before the effective filing date to use Brekke's arrangement in Moen's invention to improve the communication between subsea units and topside units, and in particular to be capable of increasing the bandwidth and facilitating the upgrading of such communication system (see Brekke par. 0007). For claims 10 and 20, the combination of Moen and Chelmecki does not explicitly disclose The subsea control system of claim 9, wherein the subsea communication adapter is deployable in water at a depth between 1000 m and 5000 m. Brekke discloses The subsea control system of claim 9, wherein the subsea communication adapter is deployable in water at a depth between 1000 m and 5000 m (the subsea communication adapter comprises a subsea enclosure, wherein the subsea enclosure is configured to allow the deployment of the subsea communication adapter in a water depth of 350 m or more, preferably of 1,000 m or more. The subsea enclosure may be a pressure resistant enclosure that maintains a predefined internal pressure when installed subsea, such as a pressure below 10 bar, for example a pressure between about 1.5 bar and about atmospheric pressure. The subsea enclosure may comprise a chamber in which the conversion unit is disposed; see Brekke par. 0047). It would have been obvious to the ordinary skilled in the art before the effective filing date to use Brekke's arrangement in Moen's invention to improve the communication between subsea units and topside units, and in particular to be capable of increasing the bandwidth and facilitating the upgrading of such communication system (see Brekke par. 0007). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. -Strunkmann (US 2025/0004969); -Muller (US 2023/0123088). Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHAE S LEE whose telephone number is (571)272-8236. The examiner can normally be reached 8:30AM - 5:00PM. 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, Jeffrey Rutkowski can be reached at (571) 270-1215. 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. /CHAE S LEE/Primary Examiner, Art Unit 2415
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Prosecution Timeline

Jul 15, 2024
Application Filed
Jun 03, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
87%
Grant Probability
99%
With Interview (+13.7%)
2y 6m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 376 resolved cases by this examiner. Grant probability derived from career allowance rate.

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