DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
A preliminary amendment was filed by applicant on 07/12/2023.
Claims 2-19 and 21 are amended; no claims are canceled.
The amended Abstract and Specification are accepted, except as otherwise noted.
Claims 1-23 are remaining in the application.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the claimed feature limitations: “ridges” and “adjustable weight” must be shown (it is suggested that such be shown with an appropriate reference character corresponding to each feature in the Specification) or the feature(s) canceled from the claim(s). Appropriate correction is required.
The drawings are objected to under 37 CFR 1.83(a) because they fail to show the above feature(s) (with appropriate reference characters corresponding to the feature(s) in the written description) consistent with the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. No new matter should be entered.
In addition to Replacement Sheets containing the corrected drawing figure(s), applicant is required to submit a marked-up copy of each Replacement Sheet including annotations indicating the changes made to the previous version. The marked-up copy must be clearly labeled as “Annotated Sheets” and must be presented in the amendment or remarks section that explains the change(s) to the drawings. See 37 CFR 1.121(d)(1). Failure to timely submit the proposed drawing and marked-up copy will result in the abandonment of the application.
Specification
The disclosure is objected to because of the following informality:
The Specification does not refer to the drawings regarding the feature indicated in paragraphs 6 and 7 of this Office Action.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
11. 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.
As best understood by the examiner, claims 1, 2, 4, 6-8, 10, 11, 13 and 16-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by D1: WO 2018/150064 A1 (BISL [ES]), cited by applicant. Regarding claim 1, D1 discloses the claimed marine structure (see Fig. 1), comprising: a jacket-structure [2] for supporting a functional element [1] in a body of water, the jacket-structure comprising at least one float element [2] having a first buoyancy, and at least one linear guide sleeve [11, 12]; a sub-structure comprising a counterweight structure [5] having a second buoyancy and at least one leg [4] extending through the at least one guide sleeve (see Figs. 1 - 5), the at least one leg [4] having a lower end connected to the counterweight structure [5] and having an upper end provided with a stop element [13], wherein the at least one leg [4] is movable through the corresponding guide sleeve [11, 12] between a towing position (configuration of Figs. 2 and 3), wherein the stop element [13] is remote from the guide sleeve [11, 12] and wherein the guide sleeve allows linear motion of the at least one leg [4] with respect to the support structure, and an operating position (configuration of Figs. 4 and 5), wherein the stop element [13] engages a corresponding counter element [12] of the guide sleeve and wherein the at least one leg [4] is fixated with respect to the at least one guide sleeve [11, 12]. Regarding claim 16, D1 also discloses the claimed method to install a marine structure (see Fig. 1), comprising the steps of: providing a marine structure comprising: a jacket-structure [2] for supporting a functional element in a body of water [1], the support structure comprising at least one float element having a first buoyancy [2], and at least one linear guide sleeve [11, 12]; a sub-structure [5] comprising a counterweight structure having a second buoyancy and at least one leg [4] extending through the at least one guide sleeve [11, 12], the at least one leg [4] having a lower end connected to the counterweight structure [5] and having an upper end provided with a stop element [13], wherein the at least one leg is movable through the corresponding guide sleeve [11, 12] between a towing position, wherein the stop element [13] is remote from the guide sleeve [11, 12] and wherein the guide sleeve allows linear motion of the at least one leg [4] with respect to the support structure, and an operating position (configuration of Figs. 4 and 5), wherein the stop element [13] engages a corresponding counter element of the guide sleeve (see Fig. 12) and wherein the at least one leg [4] is fixated with respect to the at least one guide sleeve, the method comprising the steps of: moving the at least one leg to the towing position by decreasing the weight of the counterweight structure (see sequence of Figs. 2 -5), moving the marine structure to an assembly position near shore (see abstract), arranging the structural element on the support structure [5], towing the marine structure to a predetermined offshore location (see abstract), and increasing the weight of the counterweight structure, thereby moving the at least one leg [4] downward to the operating position until the stop element [13] engages the corresponding counter element of the at least one guide sleeve [11, 12] and submerging the at least one float element [2], and fixating the at least one leg [4] with respect to the at least one guide sleeve [11, 12]. D1 also discloses the features of the claimed subject matter for claims 2, 4, 6-8, 10, 11, 13 and 17-19; see Figs. 1-6, 9 and 12 and corresponding written description of the Specification for such features.
As best understood by the examiner, claims 1, 3 and 16 are also rejected under 35 U.S.C. 102(a)(1) as being anticipated by D2: WO 2013/083358 A1 (WINDDIVER [NO]), also cited by applicant. Regarding claims 1, 3 and 16, D2 discloses all claimed features in a marine structure as shown in Figs. 1-7 and described in the corresponding written description of the Specification. Regarding claim 3 pertaining to the fixating mechanism configured as claimed, see Fig. 7 and the corresponding written description of the Specification for such feature(s).
Claim Rejections - 35 USC § 103
14. 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.
As best understood by the examiner, claims 12, 14, 15 and 20-23 are rejected under 35 U.S.C. 103 as being unpatentable over D1: WO 2018/150064 A1 (BISL [ES]), cited by applicant. D1 discloses all claimed features as indicated previously, except the specific additional features of construction and operation for the device pertaining to the claimed subject matter of claims 12, 14, 15 and 20-23. Specifically regarding these claims, providing such conventional features, such as a known thruster (propulsor) for mobility; a pump, one or more control valves, and one or more conduits for adjusting air and water flow for buoyancy of weights/counterweights used as ballast structure; positioning floating elements at any particular height on the structure; and flooding internal structure for specific buoyancy and pressure, would have been considered obvious as a matter of preference to facilitate stability and operation of the device as desired, as would have been recognized by one of ordinary skill in the art. Therefore, it would have been considered obvious 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 to provide such features to facilitate buoyancy, stability and use of the device as desired with a reasonable expectation of success, as would have been recognized by one of ordinary skill in the art. The rejection combines known features to achieve expected results; no unknown features or unexpected results are achieved for the claimed subject matter.
As best understood by the examiner, claims 5 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over D1: WO 2018/150064 A1 (BISL [ES]), cited by applicant, in view of D3: WO 2012/070941 A2 (CBBV [NL]), also cited by applicant. D1 discloses all claimed features as indicated previously, except the specific additional features recited in these claims. However, D3 discloses such features (see Figs. 1a, 1b and corresponding written description). Specifically, D3 discloses ridges, nooks, and a brake for a guide sleeve, configured as claimed. Providing such features would have been considered a matter of preference to facilitate control and limit movement as desired, as would have been recognized by one of ordinary skill in the art. Therefore, it would have been considered obvious 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 to provide such features to facilitate control and limit movement as desired with a reasonable expectation of success, as would have been recognized by one of ordinary skill in the art. The rejection combines known features to achieve expected results; no unknown features or unexpected results are achieved for the claimed subject matter.
Conclusion
17. The prior art cited and not relied upon is considered pertinent to applicant’s disclosure.
The prior art references disclose multiple leg marine structures with guide sleeves or collars.
18. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL V VENNE whose telephone number is (571) 272-7947. The examiner can normally be reached between M-F, 7am-3:30pm Flex. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Samuel J. Morano can be reached on (571) 272-6684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
19. If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (USA OR CANADA) or 571-272-1000.
/Daniel V Venne/
Senior Examiner, Art Unit 3615
07/24/2026
Prosecution Insights