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 .
Priority
Acknowledgment is made of applicant's claim for domestic priority under 35 U.S.C. 120. The PCT Application Number PCT/EP2023/059532, being filed on April 12, 2023.
Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d). The certified copy has been filed in present Application No. 18/855,700, filed on October 10, 2024.
Information Disclosure Statement
The information disclosure statements filed May 13, 2025, January 9, 2025, November 4, 2024, and October 10, 2024 have been submitted for consideration by the Office. They have been placed in the application file and the information referred to therein has been considered.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words. It is important that the abstract not exceed 150 words in length since the space provided for the abstract on the computer tape used by the printer is limited. The form and legal phraseology often used in patent claims, such as "means" and "said," should be avoided. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, "The disclosure concerns," "The disclosure defined by this invention," "The disclosure describes," etc.
Extensive mechanical and design details of apparatus should not be given.
The abstract of the disclosure is objected to because in lines 2 & 4, the abstract recites the term “comprising” and “comprising”, respectively, which is improper language for the abstract. The applicant should replace the terms with the term –has or having--, to provide the abstract with proper language. Correction is required. See MPEP § 608.01(b).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-19 are rejected under 35 U.S.C. 103 as being unpatentable over Smedberg et al (Pub Num 2012/0018190, herein referred to as Smedberg) in view of Kagoura et al (Pub Num 2014/0166335, herein referred to as Kagoura). Smedberg discloses a composition that may be utilized with a power cable (Paragraph 1) that improves the ageing characteristics by increasing the level of breakdown strength after ageing (Paragraph 4). Specifically, with respect to claim 1, Smedberg discloses a composition for a cable comprising a conductor which is surrounded by at least an inner semiconductive layer, an insulation layer and an outer semiconductive layer in that order (Paragraph 5), wherein the insulation layer comprises (i) a low-density polyethylene homopolymer or low-density polyethylene copolymer (i.e. b2, Paragraphs 7 & 48) comprising at least one polyunsaturated comonomer (Paragraph 51) and and,(ii) a copolymer comprising at least one polar comonomer (i.e. b1, Paragraph 13) selected from the group consisting of an alkyl acrylate, an alkyl methacrylate and vinyl acetate (Paragraph 28), wherein the amount of polar monomer units in the insulation layer is from 1 to 150 micromol per gram based on the total amount of polymers in the insulation layer (Paragraph 73). With respect to claim 2, Smedberg discloses that the at least one of said inner and outer semiconductive layers independently comprise:(a) a low-density polyethylene copolymer of ethylene (i.e. (a), Paragraphs 6 & 46) and at least one polar comonomer (i.e. b1, Paragraph 13) selected from the group consisting of an alkyl acrylate, an alkyl methacrylate and vinyl acetate (Paragraph 28) and(b) carbon black (Paragraph 58). With respect to claim 3, Smedberg discloses that the inner semiconductive layer has the same chemical composition as the outer semiconductive layer (Paragraphs 6 & 9). With respect to claim 4, Smedberg discloses that the inner and/or outer semiconductive layer may comprises an ethylene alkyl acrylate (i.e. EEA, Table 4). With respect to claim 5, Smedberg discloses that the component (ii) of the insulation layer (i.e. b1) may be an ethylene alkyl acrylate copolymer (Paragraph 29). With respect to claim 6, Smedberg discloses that the ethylene alkyl acrylate copolymer may be ethylene methyl acrylate (EMA), ethylene ethyl acrylate (EEA) or ethylene butyl acrylate (EBA, Table 4). With respect to claim 7, Smedberg discloses that the polyunsaturated comonomer of the low-density polyethylene copolymer of component (i) is a straight carbon chain with at least 8 carbon atoms and at least 4 carbons between the non-conjugated double bonds, of which at least one is terminal (Paragraph 42). With respect to claim 8, Smedberg discloses that the polyunsaturated comonomer of the low-density polyethylene copolymer of component (i) is C8- to C14-non-conjugated diene (i.e. b2, Paragraph 43). With respect to claim 9, Smedberg discloses that the at least one of the insulation layer, inner and outer semiconductive layers may comprises a crosslinking agent (Paragraph 116). With respect to claim 11, Smedberg discloses that the said inner and/or outer semiconductive layer, based on the total weight of the respective semiconductive layer (Paragraph 9), independently comprise:(a) at least 49.5 wt.% of a low-density polyethylene copolymer (a) a low-density polyethylene copolymer of ethylene (i.e. (a), 0.001-50wt%, Paragraphs 98 & 102) comprising least one polar comonomer (i.e. b1, Paragraph 13) selected from the group consisting of an alkyl acrylate, an alkyl methacrylate and vinyl acetate (Paragraph 28),(b) 25-48 wt.% carbon black (i.e. 10-50 wt. %, Paragraph 60) and(c) 0.1-2.5 wt.% of a peroxide (i.e. 0.2-8wt%, Paragraph 118) and wherein said insulation layer, based on the total weight of the insulation layer, comprises:(i) at least 88.0 wt.% of the low-density polyethylene homopolymer or low- density polyethylene copolymer (i.e. 60-90 wt. %, Paragraph 114) with (ii) at least one polar comonomer (i.e. b1, Paragraph 13) selected from the group consisting of an alkyl acrylate, an alkyl methacrylate and vinyl acetate (Paragraph 28) in the amount of 0.5-9.50 wt.% of the copolymer (Paragraph 102) and (iii) 0.1-2.5 wt.% of a peroxide (Paragraph 118), wherein the amount of polar monomer units in the insulation layer is from 1 to 150 micromol per gram based on the total amount of polymers in the insulation layer (Paragraph 73). With respect to claim 12, Smedberg discloses that the cable is obtained by crosslinking of the cable core (Paragraph 116). With respect to claim 18, Smedberg discloses a method of use of comprises (i) a low-density polyethylene homopolymer or low-density polyethylene copolymer (i.e. b2, Paragraphs 7 & 48) comprising at least one polyunsaturated comonomer (Paragraph 51) and and,(ii) a copolymer comprising at least one polar comonomer (i.e. b1, Paragraph 13) selected from the group consisting of an alkyl acrylate, an alkyl methacrylate and vinyl acetate (Paragraph 28), wherein the amount of polar monomer units in the insulation layer is from 1 to 150 micromol per gram based on the total amount of polymers in the insulation layer (Paragraph 73), wherein the cable core comprising a conductor which is surrounded by at least an inner semiconductive layer, an insulation layer and an outer semiconductive layer in that order (Paragraph 9) ;wherein said insulation layer comprises a low-density polyethylene homopolymer or low-density polyethylene copolymer (i.e. b2, Paragraphs 7 & 48) comprising at least one polyunsaturated comonomer (Paragraph 51) and and,(ii) a copolymer comprising at least one polar comonomer (i.e. b1, Paragraph 13) selected from the group consisting of an alkyl acrylate, an alkyl methacrylate and vinyl acetate (Paragraph 28), wherein the amount of polar monomer units in the insulation layer is from 1 to 150 micromol per gram based on the total amount of polymers in the insulation layer (Paragraph 73) to minimize water tree degradation (Paragraph 3). With respect to claim 19, Smedberg discloses that the polyunsaturated comonomer of the low-density polyethylene copolymer of component (i) is selected from 1,7- octadiene, 1,9-decadiene, 1,11-dodecadiene, 1,13-tetradecadiene, or mixtures thereof (Paragraph 43).
While Smedberg discloses the composition being utilized with a high voltage power cable (Paragraph Smedberg doesn’t necessarily disclose the cable being a submarine cable (claims 1 & 18), nor the conductor comprises aluminum (claim 10), nor the cable has (i) the dielectric losses as measured by tan S value at 90 °C and 5 kV/mm is at most 4.5-10-4 and/or a tan S value at 90°C and 10 kV/mm of at most 12-10-4, when measured on a 10 kV cable as described under "Determination methods", and/or (ii) the AC breakdown strength value is at least 40 kV/mm, after 1 year when measured on a 20 kV cable as described under "Determination methods" (claim 13), nor the method of use the submarine cable core, the method comprising using the submarine cable core in a submarine cable in a saltwater environment (claim 14), nor the submarine cable comprising at least one of the submarine cable cores (claim 15), nor the submarine cable being a submarine AC cable system (claim 16), nor an electricity generating system comprising:(A) an offshore electricity generator, (B) the submarine cable connecting said offshore generator to a substation, located offshore and/or onshore, via a sea or seabed (claim 17).
Kagoura teaches a high voltage power cable (Figs 1-12), utilized as a submarine cable (Paragraph 35) exhibiting fatigue characteristics, wherein penetration from outside water is prevented (Paragraph 34) while having sufficient flexibility and water shielding properties (Paragraph 8). Specifically, with respect to claims 1 and 14-18, Kagoura teaches a submarine cable (3) comprising at least one conductor core (13, 13, 13), wherein each conductor core (13, 13, 13) comprises an conductor (15) surrounded by an insulation layer (17), wherein the insulation layer (17) comprises an inner semiconducting layer, an insulation layer, and an outer semiconducting layer (Paragraph 59), wherein the submarine cable (3) is for usage in saltwater environments (i.e. ocean, Paragraph 22) in an submarine AC cable system (Fig 1) comprising (A) an offshore generator (1, i.e. wind turbine, Paragraph 52) and (B) a submarine cable (3) connecting the offshore generator (1) to a substation (not shown, Paragraph 55) located offshore and onshore via the sea and seabed (Fig 1).
It would have been obvious to one having ordinary skill in the art of cables at the time the invention was made to modify the high voltage power cable of Smedberg to be utilized as a submarine cable configuration as taught by Kagoura because Kagoura teaches that such a configuration provides a high voltage power cable (Figs 1-12), utilized as a submarine cable (Paragraph 35) exhibiting fatigue characteristics, wherein penetration from outside water is prevented (Paragraph 34) while having sufficient flexibility and water shielding properties (Paragraph 8).
With respect to claim 10, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the conductor core to comprise a conductor made of aluminum, since aluminum is commonly utilized as a cable conductor being of its excellent conductivity and lighter weight than copper and since it has been held to be within general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
With respect to claim 13, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the submarine cable of modified Smedberg to comprise the cable having dielectric losses as measured by tan S value at 90 °C and 5 kV/mm is at most 4.5-10-4 and/or a tan S value at 90°C and 10 kV/mm of at most 12-10-4, when measured on a 10 kV cable as described under "Determination methods", and/or (ii) the AC breakdown strength value is at least 40 kV/mm, after 1 year when measured on a 20 kV cable as described under "Determination methods", since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please refer to the enclosed PTO-892 form for the citation of pertinent art in the present case, all of which disclose various cables for underwater deployment comprising compositions for the insulation, inner semiconducting and outer semiconducting layers of the various cables.
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM H MAYO III whose telephone number is (571)272-1978. The examiner can normally be reached on M-Thurs (5:30a-3:00p) Fri 5:30a-2p (w/alternating Fridays off).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Imani Hayman can be reached on (571) 270-5528. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/William H. Mayo III/
William H. Mayo III
Primary Examiner
Art Unit 2847
WHM III
July 22, 2026
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