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`EX. PGS 1021
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`•
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`UNITED STATES PATENT AND 'TRADEMARK OFFICE
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`• UNITED STATES DEPARTMENT OF COMMERCE
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`United States Patent and Trademark Office
`Address: COMMISSIONER OF PATENTS AND TRADEMARKS
`Washington, O.C. 20231
`www.uspt.o.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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`09/787,723
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`07/02/2001
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`Oyvind Hillesund
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`14.0123
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`6139
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`02/26/2003
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`7590
`John H Bouchard
`Geo Quest
`Suite 1700
`5599 San Felipe
`Houston, TX 77056
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`EXAMINER
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`SOTELO, JESUS D
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`ART UNIT
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`PAPER NUMBER
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`36I7
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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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`PT0-90C (Rev. 07-01)
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`Ex. PGS 1021
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`Office Action Summary
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`on
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`09/787,723
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`Examiner
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`Jesus D. Sotelo
`communication appears on the cover sheet
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`HILLESUND ET AL.
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`Art Unit
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`3617
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`address--
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`Period for Reply
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE J MONTH(S) 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 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.
`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 lhe 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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`1)0 Responsive to communication(s) filed on __ .
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`2a)0 This action is FINAL.
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`2b)[8] This action is non-final.
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`3)0 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)1:8] Claim(s) 25-48 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)0 Claim(s) __ is/are allowed.
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`6)1:8] Claim(s) 25-48 is/are rejected.
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`7)0 Claim(s)
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`is/are objected to.
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`8)0 Claim(s) __ are subject to restriction and/or election requirement.
`Application Papers
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`9)0 The specification is objected to by the Examiner.
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`1 0)1:8] The drawing(s) filed on 02 July 2001 is/are: a)[8] accepted or b)O 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 )0 The proposed drawing correction filed on __ is: a)O approved b)O disapproved by the Examiner.
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`If approved, corrected drawings are required in reply to this Office action.
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`12)0 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)1:8] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
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`a)[8] All b)O Some * c)O None of:
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`1.1:8] Certified copies of the priority documents have been received.
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`2.0 Certified copies of the priority documents have been received in Application No. __ .
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`3.0 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)0 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) 0 The translation of the foreign language provisional application has been received.
`15)0 Acknowledgment is made of a claim for domestic priority under 35 U .S.C. §§ 120 and/or 121.
`Attachment(s)
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`1) 1:8] Notice of References Cited (PT0-892)
`2) 0 Notice of Draftsperson's Patent Drawing Review (PT0-948)
`3) 0
`Information Disclosure Statement(s) (PT0-1449) Paper No(s) __ .
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`Interview Summary (PT0-413) Paper No(s). __ .
`4) 0
`5) 0 Notice of Informal Patent Application (PT0-152)
`6) 0 Other:
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`PT0-326 (Rev. 04-01)
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`Office Action Summary
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`Part of Paper No. 6
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`Ex. PGS 1021
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`•
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`Application/Control Number: 091787,723
`Art Unit: 3617
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`•
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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. In claim 31, last line, there is no proper antecedent for
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`"the tum".
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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 of35 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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`Application/Control Number: 091787,723
`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. 6:00AM-2:30PM.
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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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`Application/Control Number: 091787,723
`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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`9;::; ~:f!;t / ~~
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`Primary Examiner
`Art Unit 3617
`CPK 5-6016 ©
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`sotelo;jds
`February 21, 2003
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`Ex. PGS 1021