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 .
Election/Restrictions
Applicant's election with traverse of group I, claims 1-14, 16-21 and Specie 1A in the reply filed on 3/24/2026 is acknowledged. The traversal is on the ground(s) that the product of claim 15 is made by the method of claim 1. This is not found persuasive because the process limitations do not further limit the product. The product can be made by a different process. The Applicant also argues that the species are obvious variants. Since the Applicant argues that the species are obvious variants, the species restriction between figures 1 and 2 4A-F and 6A-7 are withdrawn.
The requirement is still deemed proper and is therefore made FINAL.
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.
Claim 4 is 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 4 recites the limitation "the first and/or second bonds" in line 1. There is insufficient antecedent basis for this limitation in the claim. Claim 2 only mentions a first bond. There is no second bond in claim 2.
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) 1-14, 16-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Johanson et al. (2023/0378740A1) in view of Rebhan et al. (EP3043378A2 from IDS).
Regarding claim 1, Johanson discloses a method of jointing a first subsea cable 20 to a second subsea cable 40, the first subsea cable having a first water barrier layer 23 surrounding a first cable core 21 and the second subsea cable 40 having a second water barrier layer 43 surrounding a second cable core 41, the method comprising: jointing the first and second water barrier layers (paragraph 0032, 0104-0111, abstract).
Johanson discloses that the jointing can be done by welding, soldering, or adhesive (paragraph 0043). This would indicate that Johanson is open to different types of joining. Rebhan discloses that it is known to join metal layers by solid-state diffusion process (abstract, see computer English translation). To one skilled in the art at the time of the invention it would have been obvious to use a well-known method such as solid-state diffusion bonding as it prevents the creation of intermetallic phases (abstract).
Regarding claim 2, Johanson discloses using a solid-state diffusion process to form a first bond between an intermediate water barrier and the first water barrier layer while a portion of the first water barrier is in contact with the intermediate water barrier (paragraph 0026).
Regarding claim 3, Johanson discloses using a solid-state diffusion process to form a second bond between the intermediate water barrier and the second water barrier layer while a portion of the second water barrier layer is in contact with the intermediate water barrier (paragraph 0026).
Regarding claim 4, Johanson does not specifically state that the first and / or second bonds form a continuous seal around first and second water barrier layers, respectively. However, it would have been obvious for there to be a continuous seal around the first and second water barriers to actually prevent water from coming in contact with the cable joint.
Regarding claim 5, Johanson discloses that at least one of the first and second water barrier layers, and/or the intermediate water barrier, comprises a metal (paragraphs 0085-0090).
Regarding claim 6, Johanson discloses that the metal is lead, copper, nickel, tin or titanium (paragraphs 0085-0090).
Regarding claim 7, Johanson discloses that each of the intermediate water barrier and the first and second water barrier layers comprise the metal (paragraphs 0085-0090).
Regarding claim 8, Rebhan discloses that the solid-state diffusion process used to form the first bond, or the second bond, comprises applying a pressure that is greater than atmospheric pressure (see claims in computer English translation).
Regarding claim 9, Rebhan discloses that the pressure is 1 Megapascal or greater (see claims in computer English translation).
Regarding claim 10, Rebhan discloses that the solid-state diffusion process used to form the first bond, and the second bond, comprises heating at least one of the portions of the respective first or second water barrier layer and the intermediate water barrier that are in contact with one another to a temperature of greater than 50% of the melting point of the intermediate water barrier (see claims in computer English translation).
Regarding claim 11, Rebhan discloses that the solid-state diffusion process comprises: applying pressure for at least 1 hour and less than 24 hours (see claims in computer English translation).
Regarding claim 12, Rebhan discloses that the solid-state diffusion process used to form the first bond, and/or the second bond, comprises cleaning at least the portions of the respective first or second water barrier layers and the intermediate water barrier that contact one another prior to forming the respective bond (see computer English translation).
Regarding claim 13, Rebhan discloses that the solid-state diffusion process used to form the first bond, and the second bond, comprises replacing a portion of air surrounding the joint with an inert gas such as a noble gas or nitrogen (see computer English translation).
Regarding claim 14, Johanson does not specifically disclose jointing the first and second cable cores before jointing the first and second water barrier layers. However, based on the structure and location of the cable cores and the water barriers it would have been obvious to join the cable cores first to ensure that the inside portion of the product is secure and properly joined before joining the outside layers.
Regarding claim 16, Johanson discloses that at least one of the first and second water barrier layers comprises a metal (paragraphs 0085-0090).
Regarding claim 17, Rebhan discloses that the solid-state diffusion process used to form the first bond comprises applying a pressure that is greater than atmospheric pressure (see claims).
Regarding claim 18, Rebhan discloses that the solid-state diffusion process used to form the first bond comprises heating at least one of the portions of the respective first or second water barrier layer and the intermediate water barrier that are in contact with one another to a temperature of greater than 50% of the melting point of the intermediate water barrier (see claims).
Regarding claim 19, Rebhan discloses that the solid-state diffusion process comprises: heating for at least 1 hour and less than 24 hours (see claims).
Regarding claim 20, Rebhan discloses that the solid-state diffusion process used to form the first bond comprises cleaning at least the portions of the respective first or second water barrier layers and the intermediate water barrier that contact one another prior to forming the respective bond (see computer English translation).
Regarding claim 21, Rebhan discloses that the solid-state diffusion process used to form the first bond comprises replacing a portion of air surrounding the joint with an inert gas such as a noble gas or nitrogen (see computer English translation).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIN B SAAD whose telephone number is (571)270-3634. The examiner can normally be reached Monday-Thursday 7:30a-6p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Walker can be reached at 571-272-3458. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIN B SAAD/Primary Examiner, Art Unit 1735
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