Prosecution Insights
Last updated: August 14, 2026
Application No. 18/872,737

Subsea Christmas Tree Comprising a Control and Battery Module and Related Method

Non-Final OA §103
Filed
Dec 06, 2024
Priority
Jun 20, 2022 — NO 20220697 +1 more
Examiner
LAMBE, PATRICK F
Art Unit
3676
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Fmc Kongsberg Subsea AS
OA Round
2 (Non-Final)
62%
Grant Probability
Moderate
2-3
OA Rounds
1y 1m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 62% of resolved cases
62%
Career Allowance Rate
373 granted / 597 resolved
+10.5% vs TC avg
Strong +29% interview lift
Without
With
+28.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
18 currently pending
Career history
634
Total Applications
across all art units

Statute-Specific Performance

§101
1.3%
-38.7% vs TC avg
§103
54.4%
+14.4% vs TC avg
§102
29.8%
-10.2% vs TC avg
§112
13.5%
-26.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 597 resolved cases

Office Action

§103
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 . The amended claims filed 1/27/26 are acknowledged; claim 1-11 are currently pending. Claim Rejections - 35 USC § 103 Claim(s) 1-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Salen et al. (US 9303489) in view of Aarskog (US 20200328446). CLAIM 1: Salen discloses subsea hydrocarbon Christmas tree. The tree comprising a number of electrically actuated valves (16), each of which is actuated by an electric motor (co. 4, lines 12-21), a control and battery module for controlling a number the valves. The control and battery module comprising: first and second subsea electronics modules (24a, b) forming a redundant pair of subsea electronics modules, each subsea electronics module being configured for receiving electric power from a top-side power supply (via umbilical) to operate the valves. Salen fails to disclose a plurality of power back-up battery pack modules, including a first battery pack module which is connectable to the first subsea electronics module to provide back-up electric power to the first subsea electronics module should power from the top-side power supply be interrupted; a second battery pack module which is connectable to the second subsea electronics module to provide back-up electric power to the second subsea electronics module should power from the top-side power supply be interrupted; and at least one additional battery pack module which is connectable to at least one of the first and the second subsea electronics modules. Aarskog discloses a subsea power supply. Aarskog discloses a device to power subsea equipment. The device has a plurality of power back-up battery pack modules, including a first battery pack module (101) which is connectable to the first subsea module (130) to provide back-up electric power to the first subsea module should power from the top-side power supply be interrupted; a second battery pack module (102) which is connectable to the second subsea module (140) to provide back-up electric power to the second subsea module should power from the top-side power supply be interrupted; and at least one additional battery pack module (103) which is connectable to at least one of the first and the second subsea modules (see Fig. 4). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Salen to include the plurality of batteries of Aarskog with a reasonable expectation of success as Aarskog teaches that this setup makes an “uninterruptible” supply of power for the system which would allow the power to act as back up because the power would not be interrupted if something happened to the top side power supply. CLAIM 2: Wherein the first battery pack module (101) is connectable to the second subsea module (140) and the second battery pack module (102) is connectable to the first subsea electronics module (130) (see Aarskog, Fig. 4 showing redundant connections). CLAIM 3: Wherein said at least one additional battery pack module comprises a third battery pack module (103) which is connectable to the first subsea module (130) and forms a redundant pair of power back-up battery pack modules for the first subsea electronics module; and a fourth battery pack module (see Fig. 4, indicating more batteries are taught) which is connectable to the second subsea module (140) and forms a redundant pair of power back-up battery pack modules for the second subsea electronics module (Aarskog, Fig. 4). CLAIM 4: Wherein each of said first and second subsea electronics modules comprises electric motor drives (Salen, drives 28) configured for powering and controlling said electric motors to operate the valves (16). CLAIM 5: Wherein the first and second subsea electronics modules and the plurality of battery pack modules are arranged in a common retrievable container in the Christmas tree (Salen teaches retrieving the units via ROV). CLAIM 6: Wherein each of said battery pack modules comprises a battery package comprising battery cells and, for each subsea electronics module to which the battery pack module is connectable, an on/off switch configured to control an electrical connection between the battery cells and the respective subsea electronics module (see Aarskog; switches 191, 192 acting as on/off switches; see paragraph 0064 placing cells in packages). CLAIM 7: Salen-Aarskog fails to disclose each of said battery pack modules comprises an electric fuse arranged between the battery cells and the respective subsea electronics module. Examiner takes official notice that fuses are well known in the art as a means of protecting electronic equipment. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Salen-Aarskog to include a fuse with a reasonable expectation of success to protect the equipment from any electrical surges. CLAIM 8: Wherein each of said battery pack modules is contained in a respective battery pack module sub-container (see Aarskog, Fig. 4). CLAIM 9: Wherein each of said first and second subsea electronics modules is contained in a respective subsea electronics module sub-container (see Aarskog, Fig. 4). CLAIM 10 and 11: These methods are inherent to the above structures. Response to Arguments Applicant's arguments filed 1/27/26 have been fully considered but they are not persuasive. Applicant asserts that the prior art of Aarskog fails to disclose the first and second subsea modules as claimed. However, the rejection is Salen in view of Aarskog in which Salen teaches the first and second subsea module. One cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). The rejection is the combination of the two in which the alternative means of supplying power is taught by Aarskog. Only the means of powering is modified in the rejection, not the subsea module. The subsea modules of Salen are not discussed by Applicant. Those are the subsea modules of the pending rejection. Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK F LAMBE whose telephone number is (571)270-1932. The examiner can normally be reached M-Th 10-4. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tara Schimpf can be reached at (571)270-7741. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /PATRICK F LAMBE/Examiner, Art Unit 3676 /TARA SCHIMPF/Supervisory Patent Examiner, Art Unit 3676
Read full office action

Prosecution Timeline

Dec 06, 2024
Application Filed
Oct 27, 2025
Non-Final Rejection mailed — §103
Jan 27, 2026
Response Filed
May 08, 2026
Final Rejection mailed — §103
Jul 07, 2026
Response after Non-Final Action

Precedent Cases

Applications granted by this same examiner with similar technology

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SLACK MANAGEMENT
2y 4m to grant Granted Aug 04, 2026
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Patent 12674373
FLUIDIC MANIFOLD FOR OPENING AND CLOSING A DOWNHOLE VALVE
1y 2m to grant Granted Jul 07, 2026
Patent 12650056
PIEZOELECTRIC PUMP FOR WELLBORE TOOL
2y 3m to grant Granted Jun 09, 2026
Patent 12650058
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1y 7m to grant Granted Jun 09, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

2-3
Expected OA Rounds
62%
Grant Probability
91%
With Interview (+28.7%)
2y 9m (~1y 1m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 597 resolved cases by this examiner. Grant probability derived from career allowance rate.

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