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.
Claims 10 and 15 are 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.
Regarding claim 10, it is unclear whether “a driving device” in lines 6-7 is the same as or different than, and in addition to, “a driving device” in claim 5 because of the double positive recitation of “a driving device”. For purposes of examination, the examiner interprets “a driving device” to mean “the driving device”.
Regarding claim 15, it is unclear whether “at least two support elements” in lines 1-2 are part of or different than, and in addition to, “support elements” in claim 14 because of the double positive recitation of “support elements”. For purposes of examination, the examiner interprets “at least two support elements” to mean “at least two of the support elements”.
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 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zaal (US 2020/0023923).
Regarding claim 1, Zaal discloses a vessel comprising: a hull (e.g. 1, Fig. 5A) including a circumferential wall (e.g. 2’, Fig. 5A), a deck (e.g. 2”, similar to Fig. 1) and an upending hinge which is provided with a frame that is mounted to at least one of the deck and the hull at a position along the circumferential wall (e.g. 3, Fig. 5C), a bearing member (e.g. 22, Fig. 5A) including a bottom, two legs located at a distance from each other and extending from the bottom and a bearing surface between the legs for bearing a monopile (e.g. 21b, Fig. 5B), which bearing member is mounted to the frame through bearing member pivots at the respective legs having a common axis of rotation at a distance from the bottom of the bearing member and extending in a direction along the circumferential wall at the location of the upending hinge (e.g. 7, Fig. 5A), wherein the bearing member has a monopile receiving position, which is a rotational position with respect to the common axis of rotation of the bearing member pivots in which the bottom of the bearing member is located below the common axis of rotation of the bearing member pivots and the bearing surface is facing upwardly (e.g. Fig.’s 5A and 5B), and a monopile upending position, which is a rotational position with respect to the common axis of rotation of the bearing member pivots in which the bearing surface is located outside the circumferential wall and facing away from the circumferential wall at the location of the upending hinge (e.g. Fig. 5E); and a lifting mechanism supported by the frame, the lifting mechanism configured to lower the bearing member pivots with respect to their positions in the monopile receiving position of the bearing member (e.g. 11/15, Fig. 5C, similar to Fig. 2).
Regarding claim 2, Zaal further discloses that in the monopile receiving position the common axis of rotation of the bearing member pivots lies outside the circumferential wall (e.g. Fig. 5A, wherein the common axis of rotation of the bearing member pivots lies above, and therefore outside, the circumferential wall).
Regarding claim 3, Zaal further discloses that the lifting mechanism comprises a bearing member support which is mounted to the bearing member through the bearing member pivots (e.g. 4, Fig. 5A, similar to Fig. 2) and which is mounted to one of the deck and the hull through a support pivot (e.g. near 5, Fig. 5A, similar to Fig. 2) having an axis of rotation which is parallel to the common axis of rotation of the bearing member pivots (e.g. P, Fig. 5A, similar to Fig. 2), wherein the bearing member support is rotatable about the axis of rotation of the support pivot by a driving device (e.g. 11, Fig.’s 5B and 5C, similar to Fig. 2).
Regarding claim 4, Zaal further discloses that the bearing member support is rigid such that a distance between the common axis of rotation of the bearing member pivots and the axis of rotation of the support pivot is fixed (e.g. Fig.’s 5A-5F, similar to Fig. 2).
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 5, 6 and 10 (as best understood) are rejected under 35 U.S.C. 103 as being unpatentable over Zaal (US 2020/0023923) as applied to claim 1 above, and further in view of Vehmeijer et al (US 2020/0308796).
Regarding claim 5, Zaal discloses the invention substantially as applied above but does not disclose that the lifting mechanism comprises a four-bar linkage. Vehmeijer teaches a vessel comprising: a hull including a circumferential wall (e.g. 200, Fig. 14), a deck (e.g. 201, Fig. 14) and an upending hinge which is provided with a frame that is mounted to at least one of the deck and the hull at a position along the circumferential wall (e.g. 1, Fig. 14), a bearing member (e.g. 50, Fig. 1) including a bottom (e.g. 51, Fig. 1), two legs located at a distance from each other and extending from the bottom (e.g. 53 and 54, Fig. 1) and a bearing surface between the legs (e.g. 85, Fig. 1) for bearing a monopile (e.g. 202, Fig. 14), which bearing member is mounted to the frame through bearing member pivots having a common axis of rotation at a distance from the bottom of the bearing member and extending in a direction along the circumferential wall at the location of the upending hinge (e.g. 52, Fig. 2), wherein the bearing member has a monopile receiving position, which is a rotational position with respect to the common axis of rotation of the bearing member pivots in which the bearing surface is facing upwardly (e.g. Fig. 3), and a monopile upending position, which is a rotational position with respect to the common axis of rotation of the bearing member pivots in which the bearing surface is located outside the circumferential wall and facing away from the circumferential wall at the location of the upending hinge (e.g. Fig. 14); and a lifting mechanism supported by the frame, the lifting mechanism configured to lower the bearing member pivots with respect to their positions in the monopile receiving position of the bearing member (e.g. 10, 20, 33-34 and 41, Fig.’s 2, 8 and 9); wherein the lifting mechanism comprises a four-bar linkage (e.g. Fig. 2), of which the deck forms a first bar (e.g. 10, Fig. 2, paragraph 0103), whereas a second bar (e.g. 33, Fig. 2) is mounted to the deck through a second bar pivot (e.g. 33.1, Fig. 2) having an axis of rotation which is parallel to the common axis of rotation of the bearing member pivots (e.g. Fig. 2), a third bar (e.g. 34, Fig. 2) is mounted to the deck through a third bar pivot (e.g. 34.1, Fig. 2) having an axis of rotation which is parallel to the axis of rotation of the second bar pivot (e.g. Fig. 2) and a fourth bar is formed by an upper link (e.g. 20, Fig. 2) that is mounted to the second bar through a first upper link pivot (e.g. 33.3, Fig. 2) having an axis of rotation which is parallel to the axis of rotation of the second bar pivot (e.g. Fig. 2) and to the third bar through a second upper link pivot (e.g. 34.4, Fig. 2) having an axis of rotation which is parallel to the axis of rotation of the third bar pivot (e.g. Fig. 2), wherein the bearing member is mounted to at least one of the second bar and the upper link through the bearing member pivots (e.g. Fig. 2), wherein the second bar is rotatable about the axis of rotation of the second bar pivot by means of a driving device (e.g. 41, Fig. 2, paragraph 0109). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to use a four-bar linkage as taught by Vehmeijer for the lifting mechanism of Zaal for the expected benefit of allowing wave-induced motion compensation (e.g. paragraph 0140).
Regarding claim 6, the combination of Zaal and Vehmeijer further discloses that the first upper link pivot and the bearing member pivots are configured such that their axes of rotation coincide (e.g. Zaal, Fig. 5A, wherein both the first upper link pivot and the bearing member pivots are positioned at 7).
Regarding claim 10, the combination of Zaal and Vehmeijer further discloses that the lifting mechanism comprises a bearing member support (e.g. Vehmeijer, 33, Fig. 2) which is mounted to the bearing member through the bearing member pivots (e.g. Vehmeijer, Fig. 2) and which is mounted to one of the deck and the hull through a support pivot having an axis of rotation which is parallel to the common axis of rotation of the bearing member pivots (e.g. Vehmeijer, 33.1, Fig. 2), wherein the bearing member support is rotatable about the axis of rotation of the support pivot by a driving device (e.g. Vehmeijer, 41, Fig. 2), and wherein the second bar of the four-bar linkage is formed by the bearing member support (e.g. Vehmeijer, Fig. 2), the second bar pivot is formed by the support pivot (e.g. Vehmeijer, Fig. 2), and wherein the first upper link pivot and the bearing member pivots are configured such that their axes of rotation coincide (e.g. Zaal, Fig. 5A, wherein both the first upper link pivot and the bearing member pivots are positioned at 7).
Allowable Subject Matter
Claims 7-9 and 11-14 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.
Claim 15 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STACY N LAWSON whose telephone number is (571)270-7515. The examiner can normally be reached Mon-Fri 9am-3pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Anderson can be reached at 571-270-5281. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.N.L./Examiner, Art Unit 3678
/AMBER R ANDERSON/Supervisory Patent Examiner, Art Unit 3678
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