Ex. PGS 1021
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`EX. PGS 1021
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER OF PATENTS AND TRADEMARKS
`Washington, D.C. 20231
`www.uspto.gav
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`APPLICATION NO.
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`FILING DATE
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`CONFIRMATION NO.
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`09/787,723
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`07/02/200]
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`Oyvind Hillesund
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`14.0123
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`6139
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`7590
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`02/26/2003
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`J°h“HB°“°ha“‘
`Geo Quest
`Suite 1700
`5599 San Felipe
`TX 77056
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`SOTELO, JESUS D
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`3617
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`DATE MAILED: 02/26/2003
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`PTO-90C (Rev. 07-0 1)
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`EX. PGS 1021
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`Ex. PGS 1021
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`Application No.
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`Applicant(s)
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`09/787,723
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`HILLESUND ET AL.
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`Office Action Summary
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`A“ Unit
`Examine,
`I
`3617
`Jesus D. Sotelo
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`7
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE ,3 MONTH(S) FROM
`THE MAILING DATE OF THIS COMMUNICATION.
`- Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`after SIX (6) MONTHS from the mailing date of this communication.
`It the period for reply specified above is less than thirty (30) days, a reply within the statutory minimum of thirty (30) days will be considered timely.
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`It NO period tor reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
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`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`- Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`Status
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`In no event, however, may a reply be timely filed
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`1)lj Responsive to communication(s) filed on
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`2a)I:] This action is FINAL.
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`2b)lXl This action is non-final.
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`3)[:]
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`Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`Disposition of Claims
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`4)EI Claim(s) it is/are pending in the application.
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`4a) Of the above claim(s) __ is/are withdrawn from consideration.
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`5)l:l Claim(s) ______ is/are allowed.
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`6)® Claim(s) 21$/are rejected.
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`7)l:] Claim(s) _ is/are objected to.
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`8)E] Claim(s)
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`are subject to restriction and/or election requirement.
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`Application Papers
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`9)|:] The specification is objected to by the Examiner.
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`10)lZ The drawing(s) filed on 02 July 2001 is/are: a)lZl accepted or b)I:l objected to by the Examiner.
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`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
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`11)l:I The proposed drawing correction filed on
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`is: a)l:I approved b)[] disapproved bythe Examiner.
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`If approved, corrected drawings are required in reply to this Office action.
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`12)l:l The oath or declaration is objected to by the Examiner.
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`Priority under 35 U.S.C. §§ 119 and 120
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`13)EI Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
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`a)® All b)E] Some * c)[___I None of:
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`LB Certified copies of the priority documents have been received.
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`2C] Certified copies of the priority documents have been received in Application No.
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`3.I:] Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
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`14)[] Acknowledgment is made of a claim for domestic priority under 35 U.S.C. § 119(e) (to a provisional application).
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`a) D The translation of the foreign language provisional application has been received.
`15)]: Acknowledgment is made of a claim for domestic priority under 35 U.S.C. §§ 120 and/or 121.
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`Attachment(s)
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`1) [Z Notice of References Cited (PTO-892)
`2) E] Notice of Draftsperson's Patent Drawing Review (PTO-948)
`3) D information Disclosure Statement(s) (PTO-1449) Paper No(s)
`U.S. Patent and Trademark Office
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`4) D Interview Summary (PTO-413) Paper No(s).
`5) E] Notice of Informal Patent Application (PTO-152)
`6) C] Other:
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`PTO-326 (Rev. 04-01)
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`Office Action Summary
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`Part of Paper No. 6
`EX. PGS 1021
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`Ex. PGS 1021
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`Application/Control Number: 09/787,723
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`Art Unit: 3617
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`Page 2
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`DETAILED ACTION
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`1.
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`Claims 25-48 are in the application. Claims 1-24 have been canceled.
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`Claim Rejections - 35 USC § 112
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`2.
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`The following is a quotation of the second paragraph of 35 U.S.C. 112:
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`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.
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`3.
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`Claims 31-48 are rejected under 35 U.S.C. 112, second paragraph, as being indefinite
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`for failing to particularly point out and distinctly claim the subject matter which applicant
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`regards as the invention.
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`In claim 31 and claim 32, the conditional phrases “may” make this claims indefinite for the
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`subject matter is not positively recited.
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`In claim 31, last line, there is no proper antecedent for
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`‘‘the turn”.
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`In claim 44, the reference to “program units” is ambiguous and in line 2, the conditional
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`phrase makes this claim indefinite.
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`Claim Rejections - 35 USC § 103
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`4.
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`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
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`obviousness rejections set forth in this Office action:
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`EX. PGS 1021
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`Ex. PGS 1021
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`Application/Control Number: 09/787,723
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`Art Unit: 3617
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`Page 3
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`(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in
`section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are
`such that the subject matter as a whole would have been obvious at the time the invention was made to a
`person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be
`negatived by the manner in which the invention was made.
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`5.
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`Claims 25-48 are rejected under 35 U.S.C. 103(a) as being unpatentable over Elholm.
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`Elholm discloses the method and apparatus as recited in the claims except that in the
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`claims a plurality of positioning devices along the streamers is recited. The use of a plurality
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`of positioning devices is well known in the art as evidenced from the disclosure in figure 1 of
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`the present application and acknowledged as “Prior Art”.
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`Conclusion
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`6.
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`The prior art made of record and not relied upon is considered pertinent to applicant's
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`disclosure. Convoy and Dolengowski are cited as showing related art.
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`7.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to Jesus D. Sotelo whose telephone number is 703-308-2563. The
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`examiner can normally be reached on Mon. — Fri. 6:00 AM -2:30 PM.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Samuel J. Morano can be reached on 703-308-0230. The fax phone numbers for
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`the organization where this application or proceeding is assigned are 703-305-3597 for regular
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`communications and 703-305-3597 for After Final communications.
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`EX. PGS 1021
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`Ex. PGS 1021
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`Application/Control Number: O9/787,723
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`Art Unit: 3617
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`Page 4
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`Any inquiry of a general nature or relating to the status of this application or proceeding
`should be directed to the receptionist whose telephone number is 703-308-1113.
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`( QMM‘ 9.
`yemv. Sazeza 7“/-’~//93
`Primary Examiner
`Art Unit 3617
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`CPK 5-6D16 ©
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`sotelo;jds
`February 21, 2003
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`EX. PGS 1021
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`Ex. PGS 1021