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 .
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 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.
Information Disclosure Statements
The Information Disclosure Statements (IDS) filed on 11/26/2024 has been acknowledged.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Germany on 6/8/2022.
Objection to Abstract
The abstract of the disclosure is objected to because it contains more than 150 words. Applicant is reminded that the Abstract is required to clearly and concisely surmise applicants claimed subject matter in under 150 words. Correction is required. See MPEP § 608.01(b).
Status of Application
Claims 1-20 are pending.
Claims 1 and 19 are the independent claims.
Non-Final Office Action
CLAIM INTERPRETATION
During examination, claims are given the broadest reasonable interpretation consistent with the specification and limitations in the specification are not read into the claims. See MPEP §2111, MPEP §2111.01 and In re Yamamoto et al., 222 USPQ 934 10 (Fed. Cir. 1984). Under a broadest reasonable interpretation, words of the claim must be given their plain meaning, unless such meaning is inconsistent with the specification. See MPEP 2111.01 (I). It is further noted it is improper to import claim limitations from the specification, i.e., a particular embodiment appearing in the written description may not be read into a claim when the claim language is broader than the embodiment. See 15 MPEP 2111.01 (II).
A first exception to the prohibition of reading limitations from the specification into the claims is when the Applicant for patent has provided a lexicographic definition for the term. See MPEP §2111.01 (IV). Following a review of the claims in view of the specification herein, the Office has found that Applicant has not provided any lexicographic definitions, either expressly or implicitly, for any claim terms or phrases with any reasonable clarity, deliberateness and precision. Accordingly, the Office concludes that Applicant has not acted as his/her own lexicographer.
A second exception to the prohibition of reading limitations from the specification into the claims is when the claimed feature is written as a means-plus-function. See 35 U.S.C. §112(f) and MPEP §2181-2183. As noted in MPEP §2181, a three prong test is used to determine the scope of a means-plus-function limitation in a claim:
the claim limitation uses the term "means" or "step" or a term used as a substitute for "means" that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function
the term "means" or "step" or the generic placeholder is modified by functional language, typically, but not always linked by the transition word "for" (e.g., "means for") or another linking word or phrase, such as "configured to" or "so that"
the term "means" or "step" or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
The Office has found herein that the claims do not contain limitations of means or means type language that must be analyzed under 35 U.S.C. §112 (f).
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 1-6, 8-11 and 19-20 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Vehmeijer et al. (United States Patent Publication 2022/0177081).
With respect to Claim 1: Vehmeijer discloses “A positioning arrangement for positioning an object under water on a water bottom” [Vehmeijer, ¶ 0002, 0039-0054 (method for installing an offshore wind turbine, the foundation, in the form of a pile, is installed first by driving the pile into the sea bottom after which the wind turbine is installed on the pile, either by installing the wind turbine at once as a whole or by assembling the wind turbine in parts on the pile)];
“the positioning arrangement comprising: a barge configured to float on the water” [Vehmeijer, ¶ 0051-0054 with Figures 1 and 2 (the crane 10 is arranged on the vessel 1, more in particular on an upper deck 2 of the vessel 1. The vessel 1 is a jack-up type vessel in which legs 3 can be lowered into the water to lift the vessel 1 at least partially out of the water so that waves have a limited or minimal effect on the vessel 1)];
“a carrier rig positioned on the barge” [Vehmeijer, ¶ 0051-0054 with Figures 1 and 2 (the crane 10 is arranged on the vessel 1, more in particular on an upper deck 2 of the vessel 1. The vessel 1 is a jack-up type vessel in which legs 3 can be lowered into the water to lift the vessel 1 at least partially out of the water so that waves have a limited or minimal effect on the vessel 1)];
“a rope arrangement that suspends the object from a mast of the carrier rig” [Vehmeijer, ¶ 0039-0054 with Figures 1 and 2 (he crane 10 further comprises a hoisting system with a hoisting cable 20, a load connector 21 connected to the hoisting cable and a hoisting winch (not shown) operating on the hoisting cable to lower or lift the load connector 21. The hoisting winch may also be arranged inside the structure 12, wherein the hoisting cable 20 is preferably extending between the hoisting winch and the load connector via a location at or near the rotation axis 14 so that a luffing operation of the crane using the luffing cable 15 minimally effects a length of hoisting cable extending between an upper end of the boom 13 and the load connector 21)];
“and a positioning aid that includes at least one of: a constraining arrangement arranged between the mast and the object and configured to restrict a lateral movement of the rope arrangement or a turntable arrangement configured to adjust a rotational position of the object about a vertical swiveling axis” [Vehmeijer, ¶ 0039-0054 with Figures 1 and 2 (The first tugger line 32 is configured to extend from the first tugger winch 30 via the first sheave 34 to the load connector 21 while the second tugger line 33 is configured to extend from the second tugger winch 31 via the second sheave 35 to the load connector 21) and (the vessel further includes a pile holding system 40 arranged on the upper deck 2. The pile holding system comprises a support structure 41 and a pile holder 42 supported by the support structure 41. The pile holder 42 includes gripping devices 43 to engage with a pile 50 to hold the pile 50 and limit horizontal motion of a pile portion held by the pile holder 42. The gripping devices 43 may be provided with a plurality of rollers to engage with the pile to hold the pile and to allow the pile to move in a direction parallel to the longitudinal axis of the pile relative to the pile holder while limiting the sideways motion of the pile portion held by the pile holder 42)].
Office Note: Claim Construction
Claim language reciting an alternative format presents the Office with a choice of examining either alternative presented, but not both. Thus all claims that depend on the alternative not examined claim limitations are withdrawn from consideration.
In Claim 1, it states “a constraining arrangement arranged between the mast and the object and configured to restrict a lateral movement of the rope arrangement or a turntable arrangement configured to adjust a rotational position of the object about a vertical swiveling axis” and the Office must select one of these two, and has selected restricting the lateral movement.
Thus all claims that depend on the not selected alternative, will be met by not choosing this alternative. For Example, Claim 18 depends on this non-selected path, thus is met by merely not choosing it. Appropriate action is required.
With respect to Claim 2: Vehmeijer discloses “The positioning arrangement as claimed in claim 1, wherein a relative position between the barge and the constraining arrangement is adjustable in order to approach a desired position on the water bottom” [Vehmeijer, ¶ 0039-0054 with Figures 1 and 2 (The first tugger line 32 is configured to extend from the first tugger winch 30 via the first sheave 34 to the load connector 21 while the second tugger line 33 is configured to extend from the second tugger winch 31 via the second sheave 35 to the load connector 21)].
With respect to Claim 3: Vehmeijer discloses “The positioning arrangement as claimed in claim 1 wherein the rotational position of the constraining arrangement is adjustable in order to approach a desired position on the water bottom” [Vehmeijer, ¶ 0039-0054 with Figures 1 and 2 (The first tugger line 32 is configured to extend from the first tugger winch 30 via the first sheave 34 to the load connector 21 while the second tugger line 33 is configured to extend from the second tugger winch 31 via the second sheave 35 to the load connector 21)].
With respect to Claim 4: Vehmeijer discloses “The positioning arrangement as claimed in claim 2 further comprising a control electronics that permanently regulates the relative position between the barge and the constraining arrangement and/or the rotational position of the object in order to approach the desired position on the water bottom” [Vehmeijer, ¶ 0039-0054 with Figures 1 and 2 (The first tugger line 32 is configured to extend from the first tugger winch 30 via the first sheave 34 to the load connector 21 while the second tugger line 33 is configured to extend from the second tugger winch 31 via the second sheave 35 to the load connector 21)].
With respect to Claim 5: Vehmeijer discloses “The positioning arrangement as claimed in claim 1 wherein the positioning aid includes a localizer platform that carries the constraining arrangement and whose position relative to the barge adjustable in order to approach the desired position of the object on the water bottom” [Vehmeijer, ¶ 0039-0054 with Figures 1 and 2 (The first tugger line 32 is configured to extend from the first tugger winch 30 via the first sheave 34 to the load connector 21 while the second tugger line 33 is configured to extend from the second tugger winch 31 via the second sheave 35 to the load connector 21)].
With respect to Claim 6: Vehmeijer discloses “The positioning arrangement as claimed in claim 5, wherein a relative position between the localizer platform and the constraining arrangement is adjustable by an adjustment mechanism in order to approach the desired position of the object on the water bottom” [Vehmeijer, ¶ 0039-0054 with Figures 1 and 2 (The first tugger line 32 is configured to extend from the first tugger winch 30 via the first sheave 34 to the load connector 21 while the second tugger line 33 is configured to extend from the second tugger winch 31 via the second sheave 35 to the load connector 21)].
With respect to Claim 8: Vehmeijer discloses “The positioning arrangement as claimed in claim 1 wherein the rope arrangement comprises includes a first rope and a second rope” [Vehmeijer, ¶ 0039-0054 with Figures 1 and 2 (The first tugger line 32 is configured to extend from the first tugger winch 30 via the first sheave 34 to the load connector 21 while the second tugger line 33 is configured to extend from the second tugger winch 31 via the second sheave 35 to the load connector 21)].
With respect to Claim 9: Vehmeijer discloses “The positioning arrangement as claimed in claim 8, wherein the constraining arrangement includes a first constraining device configured to constrict a lateral movement of the first rope and a second constraining device is configured to constrict a lateral movement of the second rope” [Vehmeijer, ¶ 0039-0054 with Figures 1 and 2 (The first tugger line 32 is configured to extend from the first tugger winch 30 via the first sheave 34 to the load connector 21 while the second tugger line 33 is configured to extend from the second tugger winch 31 via the second sheave 35 to the load connector 21)].
With respect to Claim 10: Vehmeijer discloses “The positioning arrangement as claimed in claim 8, further comprising a first winch and a second winch mounted on the carrier rig” [Vehmeijer, ¶ 0039-0055 with Figures 1 and 2 (The first tugger line 32 is configured to extend from the first tugger winch 30 via the first sheave 34 to the load connector 21 while the second tugger line 33 is configured to extend from the second tugger winch 31 via the second sheave 35 to the load connector 21) and (a control system for controlling the hoisting winch and the two tugger winches 30, 31 to lower the pile 50 with the pile being held by the pile holding system 40 using the hoisting winch and to damp motion of the pile 50 in two respective horizontal directions using the two tugger winches 30, 31. Hence, when the rigid body eigenmode or a higher eigenmode is excited by waves and/or wind, the pile holding system and the tugger system are able to damp the resulting motion during lowering of the pile 50. This enables to install the pile adapted to support an offshore wind turbine in harsher wind and/or water conditions)];
“wherein the first winch is configured to wind and/or unwind the first rope” [Vehmeijer, ¶ 0039-0055 with Figures 1 and 2 (The first tugger line 32 is configured to extend from the first tugger winch 30 via the first sheave 34 to the load connector 21 while the second tugger line 33 is configured to extend from the second tugger winch 31 via the second sheave 35 to the load connector 21) and (a control system for controlling the hoisting winch and the two tugger winches 30, 31 to lower the pile 50 with the pile being held by the pile holding system 40 using the hoisting winch and to damp motion of the pile 50 in two respective horizontal directions using the two tugger winches 30, 31. Hence, when the rigid body eigenmode or a higher eigenmode is excited by waves and/or wind, the pile holding system and the tugger system are able to damp the resulting motion during lowering of the pile 50. This enables to install the pile adapted to support an offshore wind turbine in harsher wind and/or water conditions)];
“the second winch is configured to wind and/or unwind the second rope” [Vehmeijer, ¶ 0039-0055 with Figures 1 and 2 (The first tugger line 32 is configured to extend from the first tugger winch 30 via the first sheave 34 to the load connector 21 while the second tugger line 33 is configured to extend from the second tugger winch 31 via the second sheave 35 to the load connector 21) and (a control system for controlling the hoisting winch and the two tugger winches 30, 31 to lower the pile 50 with the pile being held by the pile holding system 40 using the hoisting winch and to damp motion of the pile 50 in two respective horizontal directions using the two tugger winches 30, 31. Hence, when the rigid body eigenmode or a higher eigenmode is excited by waves and/or wind, the pile holding system and the tugger system are able to damp the resulting motion during lowering of the pile 50. This enables to install the pile adapted to support an offshore wind turbine in harsher wind and/or water conditions)];
“and the first winch and the second winch are configured to be operated in a synchronized manner and/or independently from one another” [Vehmeijer, ¶ 0039-0055 with Figures 1 and 2 (The first tugger line 32 is configured to extend from the first tugger winch 30 via the first sheave 34 to the load connector 21 while the second tugger line 33 is configured to extend from the second tugger winch 31 via the second sheave 35 to the load connector 21) and (a control system for controlling the hoisting winch and the two tugger winches 30, 31 to lower the pile 50 with the pile being held by the pile holding system 40 using the hoisting winch and to damp motion of the pile 50 in two respective horizontal directions using the two tugger winches 30, 31. Hence, when the rigid body eigenmode or a higher eigenmode is excited by waves and/or wind, the pile holding system and the tugger system are able to damp the resulting motion during lowering of the pile 50. This enables to install the pile adapted to support an offshore wind turbine in harsher wind and/or water conditions)].
With respect to Claim 11: Vehmeijer discloses “The positioning arrangement as claimed in claim 10, wherein the object includes a spreader bar and the first winch and the second winch are configured to be controlled so that the spreader bar remains horizontal” [Vehmeijer, ¶ 0054-0057 with Figures 1 and 2 (The first tugger line 32 is configured to extend from the first tugger winch 30 via the first sheave 34 to the load connector 21 while the second tugger line 33 is configured to extend from the second tugger winch 31 via the second sheave 35 to the load connector 21) and (depicts the load connector 21 in plan view with the first tugger line 32 and the second tugger line 33 extending away from the load connector. The first tugger line 32 extends from the load connector 21 in a first tugger pull direction TP1 and the second tugger line 33 extends from the load connector 21 in a second tugger pull direction TP2. The first and second tugger pull directions TP1, TP2 define an interior bisector BI dividing an angle between the first and second tugger pull directions into two equal parts α and β)].
With respect to Claim 19: Vehmeijer discloses “A method for positioning an object under water on a water bottom” [Vehmeijer, ¶ 0002, 0039-0054 (method for installing an offshore wind turbine, the foundation, in the form of a pile, is installed first by driving the pile into the sea bottom after which the wind turbine is installed on the pile, either by installing the wind turbine at once as a whole or by assembling the wind turbine in parts on the pile)];
“the method comprising: providing a positioning arrangement according to one of the preceding claims having a barge configured to float on the water” [Vehmeijer, ¶ 0051-0054 with Figures 1 and 2 (the crane 10 is arranged on the vessel 1, more in particular on an upper deck 2 of the vessel 1. The vessel 1 is a jack-up type vessel in which legs 3 can be lowered into the water to lift the vessel 1 at least partially out of the water so that waves have a limited or minimal effect on the vessel 1)];
“a carrier rig positioned on the barge” [Vehmeijer, ¶ 0051-0054 with Figures 1 and 2 (the crane 10 is arranged on the vessel 1, more in particular on an upper deck 2 of the vessel 1. The vessel 1 is a jack-up type vessel in which legs 3 can be lowered into the water to lift the vessel 1 at least partially out of the water so that waves have a limited or minimal effect on the vessel 1)];
“a rope arrangement that suspends the object from a mast of the carrier rig” [Vehmeijer, ¶ 0039-0054 with Figures 1 and 2 (he crane 10 further comprises a hoisting system with a hoisting cable 20, a load connector 21 connected to the hoisting cable and a hoisting winch (not shown) operating on the hoisting cable to lower or lift the load connector 21. The hoisting winch may also be arranged inside the structure 12, wherein the hoisting cable 20 is preferably extending between the hoisting winch and the load connector via a location at or near the rotation axis 14 so that a luffing operation of the crane using the luffing cable 15 minimally effects a length of hoisting cable extending between an upper end of the boom 13 and the load connector 21)];
“and a positioning aid that includes at least one of: a constraining arrangement arranged between the mast and the object and configured to restrict a lateral movement of the rope arrangement or a turntable arrangement configured to adjust a rotational position of the object about a vertical swiveling axis” [Vehmeijer, ¶ 0039-0054 with Figures 1 and 2 (The first tugger line 32 is configured to extend from the first tugger winch 30 via the first sheave 34 to the load connector 21 while the second tugger line 33 is configured to extend from the second tugger winch 31 via the second sheave 35 to the load connector 21) and (the vessel further includes a pile holding system 40 arranged on the upper deck 2. The pile holding system comprises a support structure 41 and a pile holder 42 supported by the support structure 41. The pile holder 42 includes gripping devices 43 to engage with a pile 50 to hold the pile 50 and limit horizontal motion of a pile portion held by the pile holder 42. The gripping devices 43 may be provided with a plurality of rollers to engage with the pile to hold the pile and to allow the pile to move in a direction parallel to the longitudinal axis of the pile relative to the pile holder while limiting the sideways motion of the pile portion held by the pile holder 42)];
“determining an actual position of the barge” [Vehmeijer, ¶ 0017, 0040, and 0069 with Figures 1 and 2 (order to set an angular orientation of the boom 13 relative to the structure), (a control system for controlling the hoisting winch and the two tugger winches to lower the pile with the pile being held by the pile holding system using the hoisting winch and to damp motion of the pile in two respective horizontal directions using the two tugger winches) and (a control system for controlling a hoisting winch operating on the hoisting cable 20 and the tugger winch 31 to lower the pile 50 with the pile being held by the pile holding system 40 using the hoisting winch and to damp motion of the pile 50 in horizontal direction using the tugger winch 31. Hence, when the rigid body eigenmode or a higher eigenmode is excited by waves and/or wind, the pile holding system 40 and the tugger system are able to damp the resulting motion during lowering of the pile 50. This enables to install the pile adapted to support an offshore wind turbine in harsher wind and/or water conditions)];
“determining an actual position of the object” [Vehmeijer, ¶ 0017, 0040, and 0069 with Figures 1 and 2 (order to set an angular orientation of the boom 13 relative to the structure), (a control system for controlling the hoisting winch and the two tugger winches to lower the pile with the pile being held by the pile holding system using the hoisting winch and to damp motion of the pile in two respective horizontal directions using the two tugger winches) and (a control system for controlling a hoisting winch operating on the hoisting cable 20 and the tugger winch 31 to lower the pile 50 with the pile being held by the pile holding system 40 using the hoisting winch and to damp motion of the pile 50 in horizontal direction using the tugger winch 31. Hence, when the rigid body eigenmode or a higher eigenmode is excited by waves and/or wind, the pile holding system 40 and the tugger system are able to damp the resulting motion during lowering of the pile 50. This enables to install the pile adapted to support an offshore wind turbine in harsher wind and/or water conditions)];
“controlling at least one of the constraining arrangement and the turntable arrangement to approach the object to a desired position above the water bottom based on at least one of the determined actual position of the barge and the determined actual position of the object” [Vehmeijer, ¶ 0017, 0040, and 0069 with Figures 1 and 2 (order to set an angular orientation of the boom 13 relative to the structure), (a control system for controlling the hoisting winch and the two tugger winches to lower the pile with the pile being held by the pile holding system using the hoisting winch and to damp motion of the pile in two respective horizontal directions using the two tugger winches) and (a control system for controlling a hoisting winch operating on the hoisting cable 20 and the tugger winch 31 to lower the pile 50 with the pile being held by the pile holding system 40 using the hoisting winch and to damp motion of the pile 50 in horizontal direction using the tugger winch 31. Hence, when the rigid body eigenmode or a higher eigenmode is excited by waves and/or wind, the pile holding system 40 and the tugger system are able to damp the resulting motion during lowering of the pile 50. This enables to install the pile adapted to support an offshore wind turbine in harsher wind and/or water conditions)].
Office Note: Claim Construction
Claim language reciting an alternative format presents the Office with a choice of examining either alternative presented, but not both. Thus all claims that depend on the alternative not examined claim limitations are withdrawn from consideration.
In Claim 19, it states “a constraining arrangement arranged between the mast and the object and configured to restrict a lateral movement of the rope arrangement or a turntable arrangement configured to adjust a rotational position of the object about a vertical swiveling axis” and the Office must select one of these two, and has selected restricting the lateral movement.
Thus all claims that depend on the not selected alternative, will be met by not choosing this alternative. Appropriate action is required.
With respect to Claim 20: Vehmeijer discloses “The method as claims in claim 19, wherein at least one of the following applies: the determined actual position of the barge includes a lateral position of the barge and/or a rotational position of the barge; and the determined actual position of the object includes a lateral position of the object and/or a rotational position of the object” [Vehmeijer, ¶ 0017, 0040, and 0069 with Figures 1 and 2 (order to set an angular orientation of the boom 13 relative to the structure), (a control system for controlling the hoisting winch and the two tugger winches to lower the pile with the pile being held by the pile holding system using the hoisting winch and to damp motion of the pile in two respective horizontal directions using the two tugger winches) and (a control system for controlling a hoisting winch operating on the hoisting cable 20 and the tugger winch 31 to lower the pile 50 with the pile being held by the pile holding system 40 using the hoisting winch and to damp motion of the pile 50 in horizontal direction using the tugger winch 31. Hence, when the rigid body eigenmode or a higher eigenmode is excited by waves and/or wind, the pile holding system 40 and the tugger system are able to damp the resulting motion during lowering of the pile 50. This enables to install the pile adapted to support an offshore wind turbine in harsher wind and/or water conditions)].
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claim 7 is rejected under 35 USC 103 as being unpatentable over Vehmeijer et al. (United States Patent Publication 2022/0177081) in view Roodenburg et al. (United States Patent Publication 2012/0217063).
With respect to Claim 7: While Vehmeijer discloses “The positioning arrangement as claimed in claim 5, wherein the adjustment mechanism includes at least one winch” [Vehmeijer, ¶ 0039-0052 with Figures 1 and 2 (The first tugger line 32 is configured to extend from the first tugger winch 30 via the first sheave 34 to the load connector 21 while the second tugger line 33 is configured to extend from the second tugger winch 31 via the second sheave 35 to the load connector 21) and (the vessel further includes a pile holding system 40 arranged on the upper deck 2. The pile holding system comprises a support structure 41 and a pile holder 42 supported by the support structure 41. The pile holder 42 includes gripping devices 43 to engage with a pile 50 to hold the pile 50 and limit horizontal motion of a pile portion held by the pile holder 42. The gripping devices 43 may be provided with a plurality of rollers to engage with the pile to hold the pile and to allow the pile to move in a direction parallel to the longitudinal axis of the pile relative to the pile holder while limiting the sideways motion of the pile portion held by the pile holder 42)];
Vehmeijer does not specifically state that the winches are hydraulic cylinders.
Roodenburg, which is also a pully system that limits rope arrangement movement teaches “wherein the adjustment mechanism includes at least one hydraulic cylinder” [Roodenburg, ¶ 0028 and 0091 (Both underload and overload protector are provided in the form of a hydraulic cylinder which each support a cable pulley)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Roodenburg into the invention of Vehmeijer to not only include using winches to restrict movement of an object at the end of a crane as Vehmejier discloses but to use hydraulic cylinder winches for pully control as taught by Roodenburg with a reasonable expectation of success. One would be motivated to incorporate aspects of the cited prior art Roodenburg into Vehmeijer to create a more robust system that not only account for unwanted movement at the end of cranes but also use art known winch features thus saving time and money using such features. Additionally, the claimed invention is merely a combination of old, well known elements such as controlling a load at the end of a crane with winches and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the results of the combination would have been predictable.
Claims 13-15 and 18 is rejected under 35 USC 103 as being unpatentable over Vehmeijer et al. (United States Patent Publication 2022/0177081) in view Cabrera et al. (United States Patent Publication 2010/0154561).
With respect to Claims 13-15 and 18: While Vehmeijer discloses “knowing positions and orientations to control the winches to limit lateral displacement and place objects on the sea bottom” and “wherein the spreader bar is mounted to the turntable arrangement” [Vehmeijer, ¶ 0039-0052 with Figures 1 and 2 (The first tugger line 32 is configured to extend from the first tugger winch 30 via the first sheave 34 to the load connector 21 while the second tugger line 33 is configured to extend from the second tugger winch 31 via the second sheave 35 to the load connector 21) and (the vessel further includes a pile holding system 40 arranged on the upper deck 2. The pile holding system comprises a support structure 41 and a pile holder 42 supported by the support structure 41. The pile holder 42 includes gripping devices 43 to engage with a pile 50 to hold the pile 50 and limit horizontal motion of a pile portion held by the pile holder 42. The gripping devices 43 may be provided with a plurality of rollers to engage with the pile to hold the pile and to allow the pile to move in a direction parallel to the longitudinal axis of the pile relative to the pile holder while limiting the sideways motion of the pile portion held by the pile holder 42)];
Vehmeijer does not specifically state using sensors to measure the distance to the bottom.
Cabrera, which is also a water vessel teaches “further comprising an underwater distance measuring equipment configured to measure an actual position of the object above the water bottom underwater” [Cabrera, ¶ 0003-0004 and 0033 with Figure 4a (measuring the depth of the body of water)];
“wherein the underwater distance measuring equipment ~is mounted to a bottom of the barge” [Cabrera, ¶ 0003-0004 and 0033 with Figure 4a (measuring the depth of the body of water)];
“wherein the underwater distance measuring equipment ~includes at least one echo sounding device” [Cabrera, ¶ 0031- 0033 with Figure 4a (returned signal, or returned echo, from each ping is analyzed by time, Doppler shift, and magnitude of the returned signal)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Cabrera into the invention of Vehmeijer to not only include use data about an object and the barge to restrict movement of an object at the end of a crane as Vehmejier discloses but to use data from an echo sensor on the bottom of a boat for vehicle control as taught by Cabrera with a reasonable expectation of success. One would be motivated to incorporate aspects of the cited prior art Cabrera into Vehmeijer to create a more robust system that not only account for water depth but also water motion [Cabrera, ¶ 0031]. Additionally, the claimed invention is merely a combination of old, well known elements such as controlling a load at the end of a crane with winches and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the results of the combination would have been predictable.
Claim Objections
Claims 12 and 16-17 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.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Prior Art (Not relied upon)
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure can be found in the attached form 892.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESS G WHITTINGTON whose telephone number is (571)272-7937. The examiner can normally be reached on 7-5.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Scott Browne can be reached on (571)-270-0151. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JESS WHITTINGTON/Primary Examiner, Art Unit 3666c
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