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 .
Specification
The incorporation of essential material in the specification by reference to an unpublished U.S. application, foreign application or patent, or to a publication is improper. Applicant is required to amend the disclosure to include the material incorporated by reference, if the material is relied upon to overcome any objection, rejection, or other requirement imposed by the Office. The amendment must be accompanied by a statement executed by the applicant, or a practitioner representing the applicant, stating that the material being inserted is the material previously incorporated by reference and that the amendment contains no new matter. 37 CFR 1.57(g).
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) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2015/0136423 A1 (Wright).
As concerns claim 1, Wright discloses a device for disconnecting subsea connectors, comprising: a structure 10, the structure comprising an upper part 20, two parallel side niches (figure 1B is the best illustration, containing cylinders 74, 75, 76, and 77), a handle 57 and support elements (cage assembly 35, see 0034); two double-acting hydraulic cylinders 76, 77 connected in parallel to each other, each hydraulic cylinder having a piston (piston rods are shown at 76a, 77a); an extractor base 70; tubes; wherein each niche has space inside the same to house each of the two hydraulic cylinders and the extractor base 70a, each niche further having additional space to allow displacement of the piston and the extractor base in the longitudinal direction of the niche (which would be downward, in the figures), wherein each hydraulic cylinder is fixed in each niche by means of a fixing structure 72, and wherein the tubes are connected to the two hydraulic cylinders to supply hydraulic fluid to the same (the examiner notes that the source of the hydraulic fluid and the hydraulic lines (tubes) are not shown, but see 0047 “the female connector (60) also requires a plurality of fluid fittings (not shown) and fluid hoses (not shown) to deliver and evacuate pressurized fluids to and from said hydraulic cylinders. Although these fittings and hoses are not shown, such fluid connectors and conduits are known in the industry, and are included within the scope of the present disclosure”).
As concerns claim 2, Wright discloses the device for disconnecting subsea connectors according to claim 1, wherein the extractor base further comprises one or more projections 68.
As concerns claim 3, Wright discloses the device for disconnecting subsea connectors according to claim 1, wherein the extractor base further comprises one or more extenders 71.
Allowable Subject Matter
Claims 4-7 are objected to as depending from a rejected base claim, but may be allowable if rewritten to include all of the limitations of the base claim and any intervening claims, as the subsea disconnecting device including the hammer, hydraulic motor and the method for use described in claims 6 and 7 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.
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.
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.
JAMES G. SAYRE
Primary Examiner
Art Unit 3679
/JAMES G SAYRE/ Primary Examiner, Art Unit 3679