Ex. PGS 1015
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`EX. PGS 1015
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Addnss: COMMISSIONER FOR PATENTS
`PO. Box I450 _
`Alexandria, Virginia 223 IJ-I 450
`www.usplo.gov
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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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`I I/070,614
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`03/02/2005
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`Oyvind I-Iillesund
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`I4.0I23-PCT-US-CONTI
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`I405
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`"'“'2°°5
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`759°
`W
`WESTERNGECO L.L.C.
`1000] RICHMOND AVENUE
`(P.O. BOX 2469, HOUSTON, TX 77252-2469, U.S.A.)
`HOUSTON, TX 77042
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`soTELo. JESUS D
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`3617
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`DATE MAILED: ll/2 I/2005
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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. I 0/03)
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`EX. PGS 1015
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`Ex. PGS 1015
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`Office Action summary
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`Application No.
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`Applicant(s)
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`11/070,614
`Examiner
`Jesus D. Sotelo
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`HILLESUND ET AL.
`Art Unit
`I
`3617 -
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`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address -
`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`- Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`In no event, however, may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`If No period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- 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).
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`Status
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`1)[:I Responsive to communication(s) filed on __
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`2a)[j This action is FINAL.
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`2b)XI This action is non-final.
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`3)[:] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
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`Disposition of Claims
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`4)IZ C|aim(s)1Qfiis/are pending in the application.
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`4a) Of the above c|aim(s) _ is/are withdrawn from consideration.
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`5)IZ C|aim(s) 7_3 is/are allowed.
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`6)lXl C|aim(s) L2 is/are rejected.
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`7)l:] C|aim(s) j is/are objected to.
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`8)I] C|aim(s)
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`are subject to restriction and/or election requirement.
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`Application Papers
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`9)IZ The specification is objected to by the Examiner.
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`10)lZ| The drawing(s) filed on 09 May 2005 is/are: a)|Z accepted or b)I:| 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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`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
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`11)l:] The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
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`Priority under 35 U.S.C. § 119
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`12)lX| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
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`b)I:] Some * c)I:I None of:
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`Certified copies of the priority documents have been received.
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`Certified copies of the priority documents have been received in Application No. j
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`Copies of the certified copies of the priority documents have been received in this National Stage
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`application from the International Bureau (PCT Rule 17.2(a)).
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`'
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`* See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`1) IX] Notice of References Cited (PTO-892)
`2) E] Notice of Draftsperson’s Patent Drawing Review (PTO-948)
`3) E] lnfonnation Disclosure Statement(s) (PTO-1449 or PTO/SB/08)
`Paper No(s)/Mail Date
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`U.S. Patent nd Trademark Office
`PTOL-3 6 (Rev. 7-05)
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`4) E] Interview Summary (PTO-413)
`Paper N°(5)/MaiI 039- j -
`5) D N°“°e °f '”f°”“aI Pate” APP“°a“°” (PT0452)
`6) C] Other:
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`Office Action Summary
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`Part of Paper No./Mail Date 10182005
`EX. PGS 1015
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`MM
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`Ex. PGS 1015
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`Application/Control Number: 11/070,614
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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 49-73 are in the application. Claims 1-48 have been canceled.
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`Specification
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`2.
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`The cross reference to related applications should be updated to reflect the present status
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`of the parent application.
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`Claim Rejections - 35 USC § 112
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`3.
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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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`4.
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`Claims 50-62 are rejected under 35 U.S.C. 112, second paragraph, as being indefinite for
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`failing to particularly point out and distinctly claim the subject matter which applicant regards as
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`the invention.
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`5.
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`In claim 50, line 3, there is no roper antecedent for “said seismic survey vessel’s
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`navigation system”.
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`Double Patenting
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`The nonstatutory double patenting rejection is based on a judicially created doctrine
`6.
`grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or
`improper timewise extension of the "right to exclude" granted by a patent and to prevent possible
`harassment by multiple assignees. See In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed.
`Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686
`F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA
`1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
`A timely filed terminal disclaimer in compliance with 37 CFR l.321(c) may be used to
`overcome an actual or provisional rejection based on a nonstatutory double patenting ground
`provided the conflicting application or patent is shown to be commonly owned with this
`application. See 37 CFR l.l30(b).
`Effective January 1, 1994, a registered attorney or agent of record may sign a terminal
`disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37
`CFR 3.73(b).
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`EX. PGS 1015
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`Ex. PGS 1015
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`Application/Control Number: 1 1/070,614
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`Page 3
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`Art Unit: 3617
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`7.
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`Claims 49-72 are rejected under the judicially created doctrine of double patenting over
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`claims 25-48, respectively, of U. S. Patent No. 6,932,017 since the claims, if allowed, would
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`improperly extend the "right to exclude" already granted in the patent.
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`The subject matter claimed in the instant application is fully disclosed in the patent and is
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`covered by the patent since the patent and the application are claiming common subject matter,
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`as follows:
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`In claim 49, the steps of “predicting positions”, “using the predicted positions” and
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`“implementing at least some of the desired changes” are encompassed in the recitation of claim
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`25 of “obtaining a predicted position”, “calculating desired changes”, and “actuating the wing
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`motors to produce said desired changes in wing orientation”. The rest of the claims are actual
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`duplication of the claims in the patent or slight variations therefor.
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`Furthermore, there is no apparent reason why applicant was prevented from presenting
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`claims corresponding to those of the instant application during prosecution of the application
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`which matured into a patent. See In re Schneller, 397 F.2d 350, 158 USPQ 210 (CCPA 1968).
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`See also MPEP § 804.
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`8.
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`Claim 73 is allowed.
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`Allowable Subject Matter
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`9.
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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 571-272-6686. The
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`examiner can normally be reached on Mon. — Fri. 5:30 AM — 2:00 PM.
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`EX. PGS 1015
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`Ex. PGS 1015
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`Application/Control Number: 11/070,614
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`Art Unit: 3617
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`Page 4
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`supervisor, Mr. Samuel J.. Morano can be reached on 571-272-6684. The fax phone number for
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`the organization where this application or proceeding is assigned is 703-872-9306.
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`Information regarding the status of an application may be obtained from the Patent
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`Application Information Retrieval (PAIR) system. Status information for published applications
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`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
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`applications is available through Private PAIR only. For more information about the PAIR
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`system, see http2//pair-direct.uspto.gov. Should you have questions on access to the Private PAIR
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`system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
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`EL...’ 2),
`fleaéca D. 545654 /0////dr
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`Primary Examiner
`Art unit 3617
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`KNX 03D69 ©
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`jds
`October 18, 2005
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`EX. PGS 1015
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`Ex. PGS 1015
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`Notice of References Cited Examiner
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`
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`Application/Control No.
`“’°7°»5‘4
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`AppIicant(s)lPatent Under
`R
`'
`t’
`AL.
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`Jesus D. Sotelo
`U.S. PATENT DOCUMENTS
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`Art Unit
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`3617
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`Document Number
`Country Code-Number-Kind Code
`
`Date
`MM-vvvv
`
`A
`
`US-4,676,183 A
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`06-1987
`
`Conboy, Michael R.
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`US-4,890,568 A
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`01-1990
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`Dolengowski, George A.
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`Page 1 °”
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`°'355'"°a"°"
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`114/245
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`114/246
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`<:cccccccccc
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`Document Number
`Country Code-Number-Kind Code
`In EP 613025 A1
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`Date
`MM-YYYY
`08-1994
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`C°u"try
`European Patent
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`ELHOLM, TOR
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`FOREIGN PATENT DOCUMENTS
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`.
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`Classmcahon
`G01V 01/38
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`‘A copy of this reference is not being furnished with this Office action. (See MPEP § 707.05(a).)
`Dates in MM-YYYY format are publication dates. Classifications may be US or foreign.
`U.S. Patent and Trademark Office
`PTO-892 (Rev. 01-2001)
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`Notice of References Cited
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`Part of Paper No. 10182005
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`EX. PGS 1015
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`Ex. PGS 1015