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 .
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) 1-5, 15-18, 21, 23, 24, 29-30, and 38 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Khachaturian (US 2009/0301372) (hereinafter, “Khachaturian ‘372).
Regarding Claim 1, Khachaturian "372 discloses a marine vessel launch and recovery system (“lifting apparatus”, see abstract), the system comprising: at least one buoyant structure (buoyant vessels 11 and 12, para. 0031); at least one frame coupled with the at least one buoyant structure (a pair of frames 13 and 14 are each coupled to both of the vessels 11 and 12, para. 0031, figures 1, 2); at least one hoist coupled with the at least one frame (winches 42 and lifting lines 41 are coupled to the frames 13 and 14, para. 0042); a lift platform suspended from the at least one frame via the at least one hoist (a platform 34 can be suspended from frames 13 and 14 by lines 41 and winches 42, para. 0043-0044, figure 15), wherein the at least one hoist is configured to raise and lower the lift platform relative to the at least one frame (platform 34 is raised and lowered relative to frames 13 and 14 by lines 41 and winches 42, para. 0043-0044, figures 14, 15).
Regarding Claim 2, Khachaturian '372 discloses wherein the at least one buoyant structure comprises a first pontoon (a first buoyant vessel 11 is an elongated catamaran hull, para. 0006, 0031, figure 1).
Regarding Claim 3, Khachaturian '372 wherein the at least one buoyant structure comprises a second pontoon, wherein the second pontoon is spaced-apart from the first pontoon (a second buoyant vessel 12 is an elongated catamaran hull, para. 0006, 0031, figure 1).
Regarding Claim 4, Khachaturian '372 discloses wherein the at least one hoist is configured to raise and lower the lift platform relative to the at least one frame between a raised position wherein the lift platform is positioned between the first and second pontoons (The winches 42 and lines 41 are capable of lifting platform 34 to a first position where the platform is positioned between the first and second buoyant vessels 11 and 12 when moving the platform from the position shown in figure 14 to the position shown in figure 15, para. 0043) and a lowered position wherein the lift platform is positioned below the first and second pontoons (winches 42 and lines 41 are capable of moving platform 34 in a lowered position shown in figure 14, where platform 34 is below vessels 11 and 12, para. 0043-0044).
Regarding Claim 5, Khachaturian '372 discloses the system of claim 3, wherein the at least one frame comprises a first suspension frame and a second suspension frame (Frame 13 is a first frame and frame 14 is a second frame, para. [0031], figures 1, 2), wherein each suspension frame is coupled to the first pontoon and to the second pontoon (Each frame 13, 14 is coupled to the first buoyant vessel 11 and the second buoyant vessel 12, para. [0031], figure 1).
As to claim 14 and 30, Khachaturian '372 discloses wherein the at least one buoyant structure is moored to a seabed (paragraph 0041; figure 10-11).
Regarding Claim 15, Khachaturian '372 discloses wherein the at least one hoist is configured to raise and lower the lift platform between a raised position and a lowered position (Winches 42 and lines 41 are capable of moving platform 34 between a raised position shown in figure 15 and a lowered position shown in figure 14, para. 0043-0044); wherein, in the raised position, the lift platform is above sea level, and wherein, in the lowered position, the lift platform is at or below sea level (In the raised position shown in figure 15 platform 34 is above the sea surface 24 and in the lowered position shown in figure 14 platform 34 is below the sea surface 24, para. 0034, 0043-0044).
Regarding Claim 23, Khachaturian '372 discloses wherein the at least one buoyant structure has a buoyancy sufficient such that the system is transportable by floating the system from one location to another location (Vessels 11 and 12 have sufficient buoyancy to allow the lifting apparatus 10 to float on the surface of the water between locations, para. 0012, 0031, 0039, figures 6-9).
Regarding Claim 24, Khachaturian '372 discloses a marine vessel launch and recovery system (A lifting apparatus, abstract), the system comprising: a first pontoon (A first elongated buoyant vessel 11, para. 0031, figure 1); a second pontoon (A second elongated buoyant vessel 12, para. 0031, figure 1), wherein the second pontoon is spaced-apart from the first pontoon such that a gap is positioned between the first and second pontoons (Vessel 12 is spaced apart from vessel 11 such the vessels 11 and 12 are separated by a gap, para. [0006], [0031], figure 1); at least one suspension frame coupled with the first pontoon and the second pontoon (A pair of frames 13 and 14 are each coupled with vessels 11 and 12, para. 0031-0032, figures 1, 2), wherein the at least one suspension frame spans the gap between the first and second pontoons (Frames 13 and 14 each span the gap between vessels 11 and 12, para. 0006, 0031, figures 1, 3, 4); at least one hoist coupled with the at least one suspension frame (Winches 42 and lifting lines 41 are coupled to the frames 13 and 14, para. 0042); and a lift platform suspended from the at least one suspension frame via the at least one hoist (A platform 34 can be suspended from frames 13 and 14 by lines 41 and winches 42, para. 0043-0044, figure 15), wherein the at least one hoist is configured to raise and lower the lift platform between a raised position and a lowered position (Platform 34 is movable between raised and lowered positions by lines 41 and winches 42, para. 0043-0044, figures 14, 15), wherein in the raised position the lift platform is positioned within the gap and above a sea level (In a raised position shown in figure 15, platform 34 is within the gap and above sea surface 24, para. 0035, 0044), and wherein in the lowered position the lift platform is positioned at or below sea level (In a lowered position shown in figure 14, platform 34 is below the sea surface 24, para. 0035, 0043).
Regarding Claim 29, Khachaturian '372 discloses a method of deploying and retrieving marine vessels (a lifting apparatus; abstract), the method comprising: securing a floating modular marine vessel launch and recovery system at an offshore or near shore site (figure 1); receiving a vessel or equipment on a lift platform of the floating modular marine vessel launch and recovery system, wherein the lift platform is at a first height; raising or lowering the lift platform from the first height to a second height, wherein the second height is different than the first height; and deploying the vessel or equipment with the lift platform at the second height (In a raised position shown in figure 15, platform 34 is within the gap and above sea surface 24, para. 0035, 0044 and in a lowered position shown in figure 14, platform 34 is below the sea surface 24, para. 0035, 0043).
As to claim 38, Khachaturian '372 discloses further comprising: transporting the floating modular marine vessel launch and recovery system to a second offshore or near shore site; and securing the floating modular marine vessel launch and recovery system at the second offshore or near shore site (paragraph 0041)
.
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.
Claim(s) 8-11, 31, 34, and 36-37 is/are rejected under 35 U.S.C. 103 as being unpatentable over Khachaturian (US 2009/0301372) (hereinafter, “Khachaturian ‘372) in view of Dobell (US 3,240,186).
Regarding Claim 8, Khachaturian '372 fails to explicitly disclose the system further comprising a plurality of piles, wherein each pile is coupled with the at least one frame. However, Dobell is in the field of floating structures (column 1, lines 7-8) and teaches the system further comprising a plurality of piles, wherein each pile is coupled with the at least one frame (Piles 54 are coupled to bottom member 18 of structure 10, column 2, lines 67-69, figure 2). It would have been obvious to one of ordinary skill in the art before the priority date to modify the system of Khachaturian '372 to include a plurality of piles, wherein each pile is coupled with the at least one frame as taught by Dobell. The motivation would have been to secure the system in a desired location.
Regarding Claim 9, Khachaturian '372 fails to explicitly disclose further wherein each pile extends from the at least one frame to a seabed. However, Dobell is in the field of floating structures (column 1, lines 7-8) and teaches wherein each pile extends from the at least one frame to a seabed (Piles 54 extend from bottom member 18 into the bottom of the sea, column 2, lines 65-72, column 3, lines 1-2, figure 2). It would have been obvious to one of ordinary skill in the art before the priority date to modify the system of Khachaturian '372 to include piles extending from the at least one frame to a seabed as taught by Dobell. The motivation would have been to secure the system in a desired location.
Regarding Claim 10, Khachaturian '372 fails to explicitly disclose wherein the at least one buoyant structure is movably coupled with the plurality of piles. However, Dobell is in the field of floating structures (column 1, lines 7-8) and teaches wherein the at least one buoyant structure is movably coupled with the plurality of piles (Floating structure 12 is movably coupled to piles 54, column 2, lines 21-31, 68-72, column 3, lines 1-5, 22-24, figures 1, 2). It would have been obvious to one of ordinary skill in the art before the priority date to modify the at least one buoyant structure of Khachaturian '372 to be movably coupled with the plurality of piles as taught by Dobell. The motivation would have been to allow the piles to be driven into the ground from the buoyant structure to secure the buoyant structure in a desired location.
Regarding Claim 11, Khachaturian '372 fails to explicitly disclose the system further comprising a jack coupled with at least one of the piles and coupled with the at least one buoyant structure on that pile, and wherein the jack is configured to raise or lower the at least one buoyant structure along a length of the plurality of piles. However, Dobell is in the field of floating structures (column 1, lines 7-8) and teaches the system further comprising a jack coupled with at least one of the piles and coupled with the at least one buoyant structure on that pile (A hydraulic jack 46 is coupled to each pile 54 and to floating structure 12, column 2, lines 62-68, figures 1, 2), and wherein the jack is configured to raise or lower the at least one buoyant structure along a length of the plurality of piles (Jack 46 is configured to raise and lower floating structure 12 with respect to the piles 54 in the direction of the length of the piles 54, column 2, lines 65-72, column 3, lines 1-5, 22-26, figure 2). It would have been obvious to one of ordinary skill in the art before the priority date to modify the system of Khachaturian '372 to include a jack coupled with at least one of the piles and coupled with the at least one buoyant structure on that pile, and wherein the jack is configured to raise or lower the at least one buoyant structure along a length of the plurality of piles as taught by Dobell. The motivation would have been to allow the piles to be driven into the ground from the buoyant structure to secure the buoyant structure in a desired location and to allow the piles to be retracted to move the structure to a new location.
Regarding Claim 31, see rejection of claims 8-11 above.
Regarding claims 34 and 36-37, Khachaturian '372 disclsoes wherein the floating modular marine vessel launch and recovery system includes pontoons, a suspension frame movably coupled with the pontoons, a hoist coupled with the suspension frame, wherein the lift platform is suspended from the suspension frame via the hoist (see claim 1 rejection) Khachaturian '372 fails to explicitly disclose further comprising, prior to the securing, transporting the floating modular marine vessel launch and recovery system to the offshore or near shore site, wherein the transporting comprises towing. and wherein piles coupled with the suspension frame and configured to engage the see floor, wherein the pontoons are floating during the towing, and wherein the piles are raised above the sea floor during the towing. wherein securing the floating modular marine vessel launch and recovery system comprises: jacking the piles downwards to the sea floor until footings of the piles are coupled with the sea floor; and with the piles coupled with the sea floor, jacking up the pontoons along a height of the piles until the pontoons are positioned above sea level. It is old and well known in the art to use towing as a method of transporting the vessel of the desired location. Dobell is in the field of floating structures (column 1, lines 7-8) and teaches the system further comprising a jack coupled with at least one of the piles and coupled with the at least one buoyant structure on that pile (A hydraulic jack 46 is coupled to each pile 54 and to floating structure 12, column 2, lines 62-68, figures 1, 2), and wherein the jack is configured to raise or lower the at least one buoyant structure along a length of the plurality of piles (Jack 46 is configured to raise and lower floating structure 12 with respect to the piles 54 in the direction of the length of the piles 54, column 2, lines 65-72, column 3, lines 1-5, 22-26, figure 2). It would have been obvious to one of ordinary skill in the art before the priority date to modify the system of Khachaturian '372 to include a jack coupled with at least one of the piles and coupled with the at least one buoyant structure on that pile, and wherein the jack is configured to raise or lower the at least one buoyant structure along a length of the plurality of piles as taught by Dobell. The motivation would have been to allow the piles to be driven into the ground from the buoyant structure to secure the buoyant structure in a desired location and to allow the piles to be retracted to move the structure to a new location.
Conclusion
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/CARIB A OQUENDO/ Primary Examiner, Art Unit 3678
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