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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "130" and "129" have both been used to designate a swing. 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. 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “210” has been used to designate both a shaft and an axis. 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. 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 129. 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. 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.
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 21-30 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.
Claim 21 recites “the bucket”, and there is no antecedent basis for this limitation in the claim. Additionally, the claim recites “a cylindrical tube”, and it is not completely clear if the “tube” is the same element as the “bucket” or if another element of the invention is being referenced. Based on the context of the claim language, the “tube” and the “bucket” appear to be referring to the same element; so for purposes of examination, the “tube” and the “bucket” will be interpreted as the same element.
Claims 22-30 are rejected here because the claims all depend directly or indirectly, from claim 21.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 11-14, 19-24 and 29-30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by European Patent Application EP 3492788 A1 (Theiss).
As concerns claim 11, Theiss discloses a subsea actuation sub-system, comprising: a valve 54 coupled to a subsea structure, the valve having a valve stem 52 for moving the valve between an open position and a closed position; a rotation-to-linear mechanism coupled to the valve stem, the rotation-to-linear mechanism including a shaft 24 with an end for receiving rotational input from a separate retrievable motor actuator (see, 4:34+, can be engaged by the driver tool of an ROV); a cylindrical bucket 26 with the shaft positioned therein such that the end is positioned within the bucket, the bucket including a cylindrical opening in an axial direction of the bucket (figure 1) and an elongate opening 42 on a side of the bucket, the cylindrical opening being distal from the rotation-to- linear mechanism, the elongate opening elongated in the axial direction; and a position indicator 38 coupled to the shaft, the position indicator including: a first gear 32 coupled to the shaft, a second gear 36 in threaded communication with the first gear, the second gear configured to move in the axial direction based on rotation of the first gear and the shaft (2:57-3:2), an element 40 coupled to the second gear, the element extending radially from the second gear, a swing 44 pivotably coupled to the bucket, the swing defining a slot 50 that receives the element, the swing including an indicator 46 that is external to the bucket, wherein the swing and the indicator selectively pivot to a position that corresponds to either the open position or the closed position of the valve based on the rotation of the shaft (0018).
As concerns claim 12, Theiss discloses the subsea actuation sub-system of claim 11, wherein the element extends through the elongate opening (figure 2).
As concerns claim 13, Theiss discloses the subsea actuation sub-system of claim 12, wherein the first gear 24 is a threaded spindle, and the second gear is a saddle nut positioned around the threaded spindle (6:5+).
As concerns claim 14, Theiss discloses the subsea actuation sub-system of claim 12, wherein the first gear and the second gear are within the bucket (at least initially).
As concerns claim 19, Theiss discloses the subsea actuation sub-system of claim 11, wherein the first gear 32 is removably coupled to the shaft (this is implicit, as most elements are “removable”).
As concerns claim 20, Theiss discloses the subsea actuation sub-system of claim 11, wherein the element is coupled to the second gear by a screw connection or by a quick connect coupling (6:10+).
As concerns claim 21, as best understood (see the 112(b) rejection, above), Theiss discloses a subsea actuation sub-system, comprising: a valve 54 having a valve stem 52 for moving the valve between an open position and a closed position; a shaft 24 coupled to the valve stem, the shaft having an end configured to receive rotational input from a separate retrievable motor actuator (see, 4:34+, can be engaged by the driver tool of an ROV); a cylindrical tube 26 with the shaft positioned therein such that the end is positioned within the tube, the tube including a first opening in an axial direction of the tube (figure 1) and a second opening 42 on a side of the bucket 26; and a position indicator 38 coupled to the shaft, the position indicator including: a first gear 32 coupled to the shaft, a second gear 36 in threaded communication with the first gear (being as how the first gear is coupled to the shaft and the second gear is in threaded communication, they are reasonably interpreted to be in “threaded communication” with each other), the second gear configured to move in the axial direction based on rotation of the first gear and the shaft (2:57-3:2), an element 40 coupled to the second gear, the element extending radially from the second gear (figure 2), a swing 44 pivotably coupled to the tube, the swing defining a slot 50 that receives the element 40, the swing including an indicator 46 that is external to the tube, wherein the swing and the indicator selectively pivot to a position that corresponds to either the open position or the closed position of the valve based on the rotation of the shaft (0018).
As concerns claim 22, Theiss discloses the subsea actuation sub-system of claim 21, wherein the element 40 extends through the second opening (figure 2).
As concerns claim 23, Theiss discloses the subsea actuation sub-system of claim 22, wherein the first gear 32 is a threaded spindle (i.e., it is part of the shaft), and the second gear is a saddle nut positioned around the threaded spindle (6:5+).
As concerns claim 24, Theiss discloses the subsea actuation sub-system of claim 22, wherein the first gear and the second gear are within the tube (at least initially).
As concerns claim 29, Theiss discloses the subsea actuation sub-system of claim 21, wherein the first gear is removably coupled to the shaft (this is implicit, as most elements are “removable”).
As concerns claim 30, Theiss discloses the subsea actuation sub-system of claim 21, wherein the element is coupled to the second gear by a screw connection or by a quick connect coupling (6:10+).
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.
Claim(s) 17 and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Theiss, alone.
As concerns claims 17 and 27, the indicator (flag 46) is perpendicular to the other elements, (see figure 2), but the color of a particular element is an obvious matter of design choice.
Allowable Subject Matter
Claims 15-16, 18, 25-26 and 28 are objected to as depending from rejected base claims, but would be allowable if rewritten in independent form including all of the limitations of the base claims and any intervening claims, and for claims 25-26 and 28 if rewritten to overcome the rejections under 35 U.S.C. § 112(b).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 3,538,948 (Nelson et al.) is drawn to a gate valve actuator with an indicator for the position of the gate. US 3,671,692 (Potter et al.) discloses a rotation to linear actuated vale with a remote position indicator. US 4,759,386 (Grouw, III) shows an electromechanical linear actuator for a valve that indicates a position of the valve in either of automatic or manual configurations. US 5,156,185 (Lester) discloses a position indicator for a rising stem valve that has a switch and a rotatable post.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES G. SAYRE whose telephone number is (571)270-7045. The examiner can normally be reached from 9:30-6:00 Monday-Friday.
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, Nicole A. Coy can be reached at (571) 272-5405. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JAMES G. SAYRE
Primary Examiner
Art Unit 3672
/JAMES G SAYRE/ Primary Examiner, Art Unit 3679