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 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.
Claim 10 is 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 limitation “a catching and retarding mechanism, the catching and retarding mechanism being configured to, in a range of angles of the center axis from a predetermined backward tilting angle to a vertical orientation, engage the pile holder and apply a force to the pile holder longitudinally spaced from the horizontal tilt axis so as to decelerate a tilting movement of the pile holder and the pile held thereby.” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The disclosure is devoid of any structure that performs the function of the catching and retarding mechanism. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
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)(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.
Claim(s) 1-4, 11-13, and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vehmeijer et al. (NL 2018066) (rejection refers to US 20200309796 for citations).
With regards to claim 1, Vehmeijer et al. discloses a system for holding a pile (1) and configured to be mounted on a vessel (200), the system comprising: a support assembly (10, 20) configured to be mounted on the vessel (figure 13); and a pile holder (50, 250), wherein the support assembly is configured to provide compensation for wave-induced motion of the vessel to maintain a predetermined X-Y location of the pile holder independent of the wave-induced motion of the vessel (paragraph 0108), wherein the pile holder has a center axis and is mounted on the support assembly so as to be tiltable about a substantially horizontal tilt axis (at 252 figure 15) relative to the support assembly (figures 3-4 and 13-15), wherein the pile holder comprises at least one ring (251, 260, 261) adapted to enclose the pile extending therethrough with a longitudinal axis of the pile extending along the center axis of the pile holder, and a pile holder frame (77; figure 1; paragraph 0126) supporting the at least one ring (figures 13-15), wherein the at least one ring comprises a ring structure (figure 15) and multiple pile engaging devices (280) connected to the ring structure of the ring, distributed about the circumference of the ring, wherein each pile engaging device is adapted to engage an exterior of the pile extending through the ring so as to hold the pile longitudinally along the center axis and guide the pile while it moves along the center axis, and wherein the substantially horizontal tilt axis of the system is located - with the pile extending substantially vertically through the at least one ring - further forward from the location at which the support assembly is mounted to the vessel than the center axis of the pile holder (figure 13-15; paragraphs 00163-00169).
As to claim 2, Vehmeijer et al. discloses wherein each ring (251, 260, 261) of the pile holder (250) comprises a ring base (251) fixed to the pile holder frame and one or more movable jaws (260, 261), which are movable to move the rings between an opened position and a closed position, and wherein in the opened position, the rings define an entry opening of the pile holder for entry of the pile into the pile holder to extend through the lower and upper ring, and in the closed position, the ring forms a closed annulus enclosing the pile extending through the rings (figure 15; paragraph 00163-0164).
As to claim 3, Vehmeijer et al. discloses wherein the pile holder (250) is tiltable about the horizontal tilt axis (at 252) relative to the support assembly between a horizontal orientation, in which the center axis is horizontal, and a vertical orientation, in which the center axis is vertical, while holding the pile longitudinally along the center axis during upending thereof (figures 13-15; abstract).
As to claim 4, Vehmeijer et al. discloses wherein the pile holder is provided with a pile foot end support (78) that is secured to the pile holder frame and/or the ring, and that is configured to engage with a longitudinal end portion of a pile in order to limit longitudinal movement of the pile, at least during an upending of the pile (figure 13; paragraph 0126-0128).
As to claim 11-12, Vehmeijer et al. discloses wherein the pile engaging devices (280) are movable in at least a radial direction relative to the respective ring structure and (paragraph 0167-0168; figure 15).
As to claim 13, Vehmeijer et al. discloses wherein a passive ring damping mechanism (297) is provided in the ring of the pile holder between the pile engaging devices of the respective ring and the ring structure thereof (figure 15).
As to claim 15, Vehmeijer et al. discloses a vessel (200) for upending and installation of a pile (202) in the seabed, wherein the vessel is provided with the system according to claim 1 (figures 1-15).
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) 5-8, 14, and 16-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vehmeijer et al. in view of Rabaut et al. (EP 3517479).
As to claims 5 and 16, Vehmeijer et al. discloses a system for holding a pile and onfigured to be mounted on vessel as in claim 1. Vehmeijer et al. discloses the invention and wherein the ring comprises the multiple pile engaging devices that are distributed about the circumference the ring. However, Vehmeijer et al. is silent about wherein the pile holder comprises: a lower ring; an upper ring; and a pile holder frame supporting the lower ring and the upper ring, wherein the upper ring is vertically above the lower ring when the pile holder is in a vertical orientation, and wherein each of the lower ring and the upper ring comprises the multiple pile engaging devices that are distributed about the circumference of the respective ring. Rabaut et al. teaches a system including wherein a pile holder (2) comprises: a lower ring (21); an upper ring (20); and a pile holder frame (22) supporting the lower ring and the upper ring, wherein the upper ring is vertically above the lower ring when the pile holder is in a vertical orientation (figures 1-6). It would have been obvious to one of ordinary skill in the art to modify the pile holder of Vehmeijer et al. to include the two rings frame as taught by Rabaut et al. since it would provide an interconnected ring structure around the pile.
As to claim 6 and 20, Vehmeijer et al. as modified above discloses wherein each of the lower ring (21) and the upper ring (20) (Rabaut et al. figure 2) comprises a ring base (251) that is fixed to the pile holder frame and further comprises one or more movable jaws (260, 261), each jaw being movable between a closed position, wherein the respective ring forms a closed annulus, and an opened position (Vehmeijer figure 15).
As to claim 7 and 21, Vehmeijer et al. as modified above discloses wherein the pile holder is provided, below the lower ring thereof, with a pile foot end support (25, 26) that is secured to the pile holder frame and that is configured to engage with a foot end of a pile in order to limit longitudinal movement of the pile, at least during upending of the pile (Rabaut figures 1-3).
As to claim 8, Vehmeijer et al. as modified above discloses wherein the horizontal tilt axis is located between the lower ring and the upper ring (Rabaut figures 1-3).
As to claim 14, Vehmeijer et al. as modified above discloses wherein the pile foot end support (26) comprises one or more pivotal arms that are movable into an operative position wherein the one or more pivotal arms extend underneath a longitudinal end portion of the pile and an opened position wherein the one or more pivotal arms are cleared from the longitudinal end portion of the pile (see Rabaut figures 1-3).
As to claim 17, Vehmeijer et al. discloses wherein each ring (251, 260, 261) of the pile holder (250) comprises a ring base (251) fixed to the pile holder frame and one or more movable jaws (260, 261), which are movable to move the rings between an opened position and a closed position, and wherein in the opened position, the rings define an entry opening of the pile holder for entry of the pile into the pile holder to extend through the lower and upper ring, and in the closed position, the ring forms a closed annulus enclosing the pile extending through the rings (figure 15; paragraph 00163-0164).
As to claim 18, Vehmeijer et al. discloses wherein the pile holder (250) is tiltable about the horizontal tilt axis (at 252) relative to the support assembly between a horizontal orientation, in which the center axis is horizontal, and a vertical orientation, in which the center axis is vertical, while holding the pile longitudinally along the center axis during upending thereof (figures 13-15; abstract).
As to claim 19, Vehemeijer et al. as modified above discloses wherein the pile engaging devices (Vehmeijer et al. 80) of both of the rings are radially movable, the lower pile engaging devices being independently movable from the upper pile engaging devices (paragraph 0167-0168; figure 15).
As to claim 22, Vehmeijer et al. as modified above discloses a vessel (200) for upending and installation of a pile in the seabed, wherein the vessel is provided with the system according to claim 16 (Vehmeijer figures 13-15; Roodenburg figures
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vehmeijer et al. in in view of Roodenburg (WO 2019172752).
As to claim 9, Vehmeijer et al.discloses the invention substantially as claimed. However, Vehmeijer et al. is silent about wherein the support assembly comprises one or more Y-rails extending in the Y-direction mounted on the vessel, a positioning frame movably supported on said one or more Y - rails in said Y-direction, wherein the positioning frame is provided with one or more X-rails extending horizontally in the X-direction, and a support frame movably supported on said one or more X-rails in said X-direction, and wherein the pile holder is tiltable supported by the support frame about the horizontal tilt axis. Roodenburg teaches a similar system including wherein the support assembly comprises one or more Y-rails (R1, R2) extending in the Y-direction mounted on the vessel, a positioning frame (BC) movably supported on said one or more Y - rails in said Y-direction, wherein the positioning frame is provided with one or more X-rails (12) extending horizontally in the X-direction, and a support frame (Y0) movably supported on said one or more X-rails in said X-direction, and wherein the pile holder is tiltable supported by the support frame about the horizontal tilt axis (figure 4-5 and 20). It would have been obvious to one of ordinary skill in the art to modify the system of Vehmeijer et al. to include the railings as taught by Roodenburg, since it would provide a system capable of moving along the deck of a vessel.
Conclusion
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/CARIB A OQUENDO/Primary Examiner, Art Unit 3678