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 under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the compliant ring must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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: “154” and “254”. 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 Objections
Claim 90 is objected to because of the recitation “the legs of the U-shaped clamp elements”; there is no antecedent basis for this limitation in the claim.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) 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;
(B) 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”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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) 77-82, 88-89, 91 and 95-96 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by US 2008/0251668 A1 (Stokes)
As concerns claim 77, Stokes discloses a clamp assembly which is adapted to be fitted to an external surface of a riser (see at least the Abstract), the clamp assembly is movable between a first condition wherein the clamp assembly can be fitted or removed from the riser, and a second condition wherein the clamp assembly is secured to the riser (figure 4), the clamp assembly comprises: a multi-element subassembly 210, 220, 230, 240 in an annular configuration, the multi-element subassembly provides an inner clamping face 14 which, in use, is adapted to engage the external surface of the riser, the multi-element subassembly also provides a recess 260 in an outer face; a strap tensioning assembly 200 received in the recess, the strap tensioning assembly facilitates movement of the clamp assembly between the first condition and the second condition; and a compliant ring 310 received in the recess, the compliant ring co-operates with the strap tensioning assembly and the multi-element subassembly wherein the compliant ring 310 accommodates variations in the diameter of the inner clamping face of the multi-element subassembly when the clamp assembly is in the second condition (see, 0045).
As concerns claim 78, Stokes discloses a clamp assembly which is adapted to be fitted to an external surface of a riser (see at least the Abstract), the clamp assembly is movable between a first condition wherein the clamp assembly can be fitted or removed from the riser, and a second condition wherein the clamp assembly is secured to the riser (figure 4), the clamp assembly comprises: a clamping device of annular configuration (figure 1-figure 4), the clamping device provides an inner clamping face 14 which, in use, is adapted to engage the external surface of the riser, and a recess 260 in an outer face 250; a fastening means 200 received in the recess, the fastening means facilitates movement of the clamp assembly between the first condition and the second condition; and a resilient means 310 which co-operates with the fastening means and the clamping device wherein the resilient means 310 is received in the recess and accommodates variations in the diameter of the inner clamping face of the clamping device when the clamp assembly is in the second condition (0045).
As concerns claim 79, Stokes discloses the clamp assembly according to claim 78 wherein the clamping device has a first end spaced from a second end such that the clamping device is not a complete annulus, the clamping device is in the form of a multi-element subassembly (see figure 1, note elements 210, 220, 230 and 240).
As concerns claim 80, Stokes discloses the clamp assembly according to claim 78 wherein the fastening means is in the form of a strap tensioning assembly 200.
As concerns claim 81, Stokes discloses the clamp assembly according to claim 78 wherein the resilient means is in the form of a compliant ring 310, wherein the compliant ring has a first end spaced from a second end such that the compliant ring 310 is not a complete ring (figure 1).
As concerns claim 82, Stokes discloses the clamp assembly according to claim 78 wherein the inner clamping face of the clamping device accommodates changes in the diameter of the external surface of the riser (0045).
As concerns claim 88, Stokes discloses the clamp assembly according to claim 79 wherein the clamping device incorporates a gap between the first end and the second end, wherein the gap is variable based on whether the clamp assembly is in the first condition, the second condition or a condition therebetween (figure 1 illustrates the gap, although it is not separately referenced, and would certainly be dependent on the diameter of the riser).
As concerns claim 89, Stokes discloses the clamp assembly according to claim 78 wherein the clamping device is formed from a plurality of clamp elements, including a first end clamp element 210 at the first end and a second end clamp element 240 at the second end wherein the gap of the clamping device is formed between the first end clamp element and the second end clamp element wherein a bottom edge of each clamp element co-operates with the bottom edge of adjacent clamp elements to provide the inner clamping face 14 of the clamping assembly (figure 1 and figure 2).
As concerns claim 91, Stokes discloses the clamp assembly according to claim 78 wherein the fastening means comprises a ring clamp (strap 200) wherein the ring clamp can be operatively caused to reduce or increase in diameter, whereupon reduction of the ring clamp's diameter the clamp assembly is caused to move towards its second condition, and whereupon increasing the ring clamp's diameter the clamp assembly is able to move to its first condition (the ring clamp 200 would of course be loosened (diameter increased) when installing or removing the clamp from the riser; tightened (diameter decreased) when fixing the clamp onto the riser joint) .
As concerns claim 95, Stokes discloses a clamp assembly, the clamp assembly is movable between a first condition wherein the clamp assembly can be fitted to or removed from a riser (see at least the abstract), and a second condition wherein the clamp assembly is secured to the riser (figure 4), the clamp assembly comprises: a clamping device having an inner clamping face 410 which, in use, is adapted to engage the external surface of the riser, and a recess in an outer face; a ring clamp 200 received in the recess, the ring clamp facilitates movement of the clamp assembly between the first condition and the second condition; and a circular resilient ring 310 received in the recess which co-operates with the ring clamp 200 and the clamping device wherein the circular resilient ring accommodates variations in the diameter of the inner clamping face of the clamping device when the clamp assembly is in the second condition (0045).
As concerns claim 96, Stokes discloses the clamp assembly according to claim 95 wherein the resilient ring is positioned in the recess between the fastening means and the clamping device (as illustrated).
Claim(s) 78, 89, 90 and 97 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by International Publication Number WO 2013/171521 A2 (Harbison et al.).
As concerns claim 78, Harbison et al. discloses a clamp assembly which is adapted to be fitted to an external surface of a riser (see at least the Abstract), the clamp assembly is movable between a first condition wherein the clamp assembly can be fitted or removed from the riser, and a second condition wherein the clamp assembly is secured to the riser (Id.), the clamp assembly comprises: a clamping device of annular configuration, the clamping device provides an inner clamping face which, in use, is adapted to engage the external surface of the riser (see, figure 5), and a recess 38 in an outer face; a fastening means 42 received in the recess, the fastening means facilitates movement of the clamp assembly between the first condition and the second condition; and a resilient means 34 which co-operates with the fastening means and the clamping device wherein the resilient means is received in the recess and accommodates variations in the diameter of the inner clamping face of the clamping device when the clamp assembly is in the second condition (figure 7 and figure 8).
As concerns claim 89, Harbison et al. discloses the clamp assembly according to claim 78 wherein the clamping device is formed from a plurality of clamp elements 22, including a first end clamp element at the first end and a second end clamp element at the second end wherein the gap of the clamping device is formed between the first end clamp element and the second end clamp element (see at least figure 4) wherein a bottom edge of each clamp element co-operates with the bottom edge of adjacent clamp elements to provide the inner clamping face of the clamping assembly (figure 6a and figure 6b).
As concerns claim 90, Harbison et al. discloses the clamp assembly according to claim 89 wherein each clamp element is U- shaped, wherein each clamp element co-operates with adjacent clamp elements such that the U-shaped clamp elements co-operate to form the recess, wherein the clamping device forms sidewalls on either side of the recess, wherein the sidewalls are provided by the legs of the U- shaped clamp elements (Id.).
As concerns claim 97, Harbison et al. discloses a buoyancy assembly adapted to be fitted to a riser to assist in supporting the riser, the buoyancy assembly comprising a clamp assembly according to claim 78 (figure 1).
Allowable Subject Matter
Claims 83-87 and 92-94 are objected to as depending from rejected base claims, but may be allowable if rewritten in independent form including all of the limitations of the base claims and any intervening claims, as the claimed features are not disclosed, taught or suggested by the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
UK Patent Application GB 2288205 A (Tyrer) discloses a riser clamp having at least two clamping members with a concave inner surface and a fastener disposed in a recess on the clamping members which exerts a compressive force on the clamps and is usable for securing buoyancy modules to a flexible offshore riser of variable diameter.
UK Patent Application GB 2459706 A (Oram) discloses a clamp for a riser that has at least multiple clamp segments and a resilient material layer. A tensioning band secures the clamp around a riser and is useable for securing buoyancy elements to a riser or other underwater flowline used for extracting hydrocarbons from subsea wells.
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.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole 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 3672
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