Ex. PGS 1040
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`EX. PGS 1040
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`

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`Oct-'17-06 12: 21P Jeffrey L. and Mary A. We 409-321-3856
`
`P.03
`
`Application ser. no.: 11/454,352
`Amdmt. and Response to Office Action
`ofS/2/06
`
`~EOEIVED
`CENTPlAL FAX CeNTER
`OCT 1 7 2006
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Application No.: 11/454,352
`
`Applicant: Oyvind HillesWld, et al.
`
`Filed: J\Ule 15, 20o6
`
`TC/A.U.: 3617
`
`Examiner: Jesus D. Sotelo
`
`CONTROL SYSTEM FOR
`POSITIONING
`MARINE SEISMIC
`STREAMERS
`
`Mail Stop Amendment
`Commissioner of Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Sir:
`
`Confirmation No. 7433
`
`Docket No.: 14.0123-PCT-US-CONT2
`
`October 17, 2006
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`}
`
`AMENDMENT
`
`In complete response to the Office Action dated August 2, 2006, for which a response
`
`is due November 2, 2006, Applicants respectfully request consideration of the amendments
`
`and remarks herein.
`
`Amendments to the Specification appear on pages 2-3 of this paper.
`
`Amendments to the Claims are reflected in the listing of claims, which begins on page 4 of
`this paper.
`
`Remarks begin on page 10 of this paper.
`
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`Oct-i7-06 12:21P Jeffrey L. and Mary A. We 409-321-3856
`
`P.Ol
`
`THE WENDT FIRM, P.C.
`PATENT, TRADEMARK,COPYRIGHT, UNFAIR
`COMPETITION
`
`OCT 1 7 2006
`
`FACSIMILE TRANSMITTAL SHEET
`
`'1'0:
`
`Director of Patents
`COMPANY:
`US Patent & Trademark Office
`I' AX NUMBER:
`571-273-8300
`I'IIONE NUMimR:
`
`RE:
`
`Amendment
`
`FROM:
`Jeffrey L Wendt
`DATU:
`10/17/2006
`TOTAL NO. OF
`13
`SHNm;n•s RHFI!RUNCF. NUMBER:
`14.0123-PCT-US-CON2
`YOUR RI:'.PiiRHNCI! NUMBHR:
`SerW.No.ll/454,352
`
`0 URGENT
`
`0 FOR REVIEW
`
`0 PU.i:ASE COMMENT
`
`0 PLEASE REPJ.Y
`
`D PI.EASfl. RKC:YCJ.((
`
`NOTI'-~/COMMENTS:
`
`Dear Sir:
`
`Please find enclosed the following for the above-reference file:
`
`1. Transmittal form (PTO/SB/21)
`2. 11 pages of Amendment.
`
`Sincerely,
`~fl1ofl/
`~f&'/y L. Wendt
`Reg. No. 32,952
`
`34 DRIFTOAK CIRCLE
`THE WOODLANDS, TEXAS 77381
`936~321~3856
`EMAIL:JWENDT3@HOUSTON.RR.COM
`
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`oct-i7-06 12:21P Jeffrey L. and Mary A. We 409-321-3856
`
`P.02
`
`PTOJSB/21 (09-06)
`ApprtMIId for usa through 03131/2007. OMB 0651-0031
`U.S. Patent and Tnldernar1!. Ol!lce; U.S. OEPAATMENT OF COMMERCE
`
`TRANSMITTAL
`FORM
`
`Application Number
`
`Filing Date
`First Named Inventor
`Art Unit
`Examiner Name
`
`11/454.352
`
`June 15,2006
`
`Oyylnd Hllesund
`
`3617
`.se- 0. Sotelo
`
`TCC&I Number of Pages In Thla SL.tlrnillllicn
`
`12
`
`Attorney Docket Number
`
`14.0123-PCT ..US..CON2
`
`ENCLOSURES
`
`(Check all that apply)
`
`D After Allowance Commlrication to TC
`D Appeal Communication to Board
`D Appeal Communication to TC
`D Proprietary Information
`D Status Letter
`D Other Endosure(s) (please Identify
`
`of Appeals and Interferences
`
`(Appeal Notice, Brief, ~ Brl4rf)
`
`below):
`
`D
`
`0
`
`F~ Transmittal Form
`
`Drawing(s)
`
`D
`
`Fee AJ:tached
`
`Amendment/Reply
`
`After Final
`
`Petition
`
`Provisional Application
`
`0
`D Ucenslng-related Papers
`D
`D Petition to Convert to a
`D
`D Power of Attorney. Revocation
`D
`0
`D
`0 Express Abandonment Request D RequesUor Refund
`lnfomlation Disclosure Statement D co, Number of CD(s)
`0
`D Landscape Table on CD
`
`Al'fldavlts/dedaraUon(&)
`
`Change of Correspondence Address
`
`Extension of Time Request
`
`Terminal Olsc:lalmer
`
`0 Certified Copy of Priority
`D Reply to Missing PariSI
`D RG!)Iy to Missing Parts
`
`Ooctm"'ee"'t( s)
`
`Incomplete Application
`
`under 37 CFR 1.52 or 1.53
`
`I Remarks
`
`I
`
`SIGNATURE OF APPLICANT, ATTORNEY, OR AGENT
`
`Firm Name
`
`Signature
`
`Printed name
`
`Date
`
`THE WENDT FIRM, P.C.
`
`~/.k~~, .....
`JEYFRE'Y l. WENDT
`OCTOBER 17, 2006
`
`•
`
`I Reg. No. Ja2,952
`
`CERTIFICATE OF TRANSMISSION/MAILING
`
`I hereby certify that this COITespondenoe Is being facsimile transmitted to the USPTO or deposited with the United States Postal Servioe with
`suffiCient postage as first class mail In an envelope addressed to: Commissioner for Patents, P.O. Box 1450. Alexandria. VA 22313-1450 on
`the date shown below:
`Signature
`
`Typed or printed name
`
`Thlt COIIedlon of inforrretlon is reqUired by 37 CFR 1.5. The lnl'olmaliou is required to obtain or retain a benefit by the public v.flic:h is ID file (and by the USPTO to
`proc:eaa) an application. Ccnfidentiality ia governed by 35 U.S.C. 122end 37 CFR 1.11 and1.14. This collection ill88linlllted to 2 houra to <XII'I"lplet&, lndudlng
`gethllr1rlg. preparing. and IWbmltling the ~ application form to 1he USPTO. Time will WilY depending upon the individual case. Arrf comments on the
`amount d time you require to cornplele tllis fCrm andlor wggestfons for reducing this burden, should b& sent to the Chief lntom'etion Officer. U.S. Patent and
`Tmclemar1< Oftlce. U.S. Department of ConTnerc::e, P.O. Bax 1450, Alelcandria, VA 22313-1450. 00 NOT SEND FEES OR COMPLETED FORMS TO THIS
`ADDRESS. SEHD TO: Cornmtseloner for Patents, P.O. Box 1450, Alexandria, VA 22313-1460.
`
`If you need Bssistence In COmpleting the form, cali1-800-PT0-9199 and S8lect optiOn 2.
`
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`Oct-.17-06 12:22P Jeffrey L. and Mary A. We 409-321-3856
`
`P.04
`
`Application ser. no.: 11/454,352
`Amdmt. and Response to Office Action
`of8/2/06
`
`Amendments to the Specification:
`
`Please delete paragraph (0001] and replace it with the following:
`
`\
`
`Applicant claims priority tmder 35 U.S.C. § 120 from co-pending serial
`(0001]
`number 11/070,614, filed March 2, 2005, now Patent No. 7,080,607, which was a
`
`continuation of parent application serial no. 09/787,723, filed July 2, 2001, now Patent No.
`6,932,017, which was a 35 U.S.C. § 371 national stage filing from Patent Cooperation Treaty
`application number PCfnB99/01590, filed September 28, 1999, which in turn claimed
`
`priority from Great Britain patent application number 9821277.3, filed October 1, 1998, from
`
`which Applicant claims foreign priority under 35 U.S.C. § 119, all ofwhich are incorporated
`
`herein by reference. This application is also related to co-pending application serial numbers
`
`11/454,349 and 111455,042, both filed simultaneously herewith, which also are both
`incorporated herein by reference.
`
`Please replace paragraph [0022] with the following amended paragraph:
`
`[0022] The most important requirement for the control system is to prevent the
`streamers 12 from tangling. This requirement becomes more and more important as the
`
`complexity and the total value of the towed equipment increases. The trend in the industry is
`
`to put more streamers 12 on each seismic survey vessel 10 and to decrease the horizontal
`separation between them. To get better control of the streamers 12, horizontal steering
`
`becomes necessary. If the birds 18 are not properly controlled, horizontal steering can
`increase, rather than decrease, the likelihood of tangling adjacent streamers. Localized
`
`current fluctuations can dramatically influence the magnitude of the side control required to
`J:!Eepeft)l properly position the streamers. To compensate for these localized current
`fluctuations, the inventive control system utilizes a distributed processing control architecture
`and behavior-predictive model-based control logic to properly control
`the streamer
`positioning devices.
`
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`2
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`Oct~17-06 12:22P Jeffrey L. and Mary A. We 409-321-3856
`
`P.OS
`
`Application ser. no.: 1 1/454,352
`Amdmt. and Response to Office Action
`of812106
`
`Please replace paragraph [0044] with the following amended paragraph:
`
`[0044] The central processor unit 54 is also connected to a RS485 communications
`
`unit 76 that allows information to be exchanged between the local control system 36 and the
`
`global control system 22 over the communication line 24 that passes through the stfeali:ier
`
`streamer 12. The RS485 bus may, for instance, utilize Neuron chips that communicate using
`
`a Local Operating Network protocol to control the data transfer.
`
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`Oct~l7-06 12:22P Jeffrey L. and Mary A. We 409-321-3856
`
`P.06
`
`Application ser. no.: 11/454,352
`Aptdmt. and Response to Office Action
`of8/2/06
`
`Amendments to the claims:
`
`This listing of claims wi11 replace all prior versions, and listings, of claims in the
`
`application:
`
`Listing of Claims:
`
`1. (original) A method comprising:
`(a) towing an array of streamers each having a plurality of streamer positioning
`
`deviCes there along, at least one of the streamer positioning devices having
`
`a wing;
`(b) transmitting from a global control system location information to at least one local
`
`control system on the at least one streamer positioning devices having a wing;
`and
`(c) adjusting the wing using the local control system.
`
`2. (original) The method of claim 1 wherein the adjusting comprises calculating, with the at
`
`least one local control system, a desired force on the at least one streamer positioning device
`using the location information, the desired force selected from a desired horizontal force, a
`desired vertical force, and both.
`
`3. (currently amended) The method as claimed in claim 2 wherein the calculating comprises
`a localized conversion program that associates magnitude and direction of vertical
`displacement. horizontal displacement, or both displacements with magnitude and direction
`of the desired vertical force, the desired horizontal force, or both forces.-.
`
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`4
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`Oct-'17-06 12:22P Jeffrey L. and Mary A. we 409-321-3856
`
`P.07
`
`Application ser. no.: 11/454,352
`Amdmt. and Response to Office Action
`of8/2/06
`
`4. (currently amended) The method as claimed in claim 1, wherein the global control system
`
`transmits a desired vertical depth for the at least one streamer positioning device and the
`
`local control system calculates magnitude and direction of the deviation between the desired
`
`vertical depth and actual depth.-:
`
`5. (original) The method as claimed in claim 1, wherein the global control system transmits a
`
`desired horizontal displacement for the at least one streamer positioning device and the local
`
`control system calculates magnitude and direction of the deviation between the desired
`
`horizontal displacement and actual horizontal displacement.
`
`6. (currently amended) The method as claimed in claim I, comprising calculating velocity of
`
`at least one of the streamer positioning devices. wherein the ealetllatea calculating velocity
`comprises at least one of is a) ea:lewated using a vessel speed received from a navigation
`
`system on a seismic survey vessel; b) eeJB:PeBSated comoensating for the speed and heading
`
`of marine currents acting on the at least one streamer positioning device; anc:b4lf c)
`
`eempeasated compensating for relative movement between the seismic survey vessel and the
`
`at least one streamer positioning device.
`
`7. (currently amended) The method as claimed in claim 6, in which said step of adjusting the
`
`wing using the local control system l:JSiag the leeatiea htfermatiea te ealel!late desired
`
`eh&Ages ia pesitiea efeae er mare efltte skeamer pesitiemag tieviees is regulated to prevent
`the positioning device from stalling.
`
`8. (original) The method as claimed in claim 7, in which said step of using the location
`
`information to calculate desired forces on the at least one streamer positioning device is
`
`regulated by the global control system located on or near a seismic survey vessel that is
`
`configured into a feather angle mode, wherein the global control system attempts to direct the
`
`streamer positioning devices to maintain each of the streamers in a straight line offset from
`
`the towing direction of the marine seismic vessel by a certain feather angle, and into a tum
`
`PAG£ 7113' RCVD AT 1011712006 1:22:36 PM [Eastern Daylight Time]' SVR:USPTO-EFXRF·214' DNIS:2738300 • CSJD:409 321 3856 • DURATION (mm-ss):OIHl6
`
`5
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`Oct~l7-06 12:23P Jeffrey L. and Mary A. We 409-321-3856
`
`P.OB
`
`Application ser. no.: 11/454,352
`Amdmt. and Response to Office Action
`of8/2/06
`
`control mode, wherein the global control system directs the streamer positioning devices to
`
`generate a force in the opposite direction of a turn at the beginning of the turn.
`
`9. (original) The method as claimed in claim 8,-in which said global control system is further
`
`configured into a streamer separation mode, wherein said global control system attempts to
`
`direct said streamer positioning device to maintain a minimum separation distance between
`
`adjacent streamers.
`
`I 0. (original) The method as claimed in claim 9, further including the step of displaying the
`position of said streamer positioning devices on said seismic survey vessel.
`
`11. (original) The method as claimed in claim 1 0, in which each streamer positioning device
`
`is attached to and unable rotate with respect to its streamer and further comprising the step of
`
`monitoring twist in said marine seismic streamers and calculating a desired change in the
`
`orientation of hydrodynamic deflecting surfaces of the streamer positioning devices to reduce
`
`said twist.
`
`12. (original) The method as claimed in claim II, further including the step of obtaining the
`desired positions of at least some of the streamer positioning devices.
`
`13. (original) The method as claimed in claim 12, in which said desired force is projected
`
`onto a cUJTent force axis and orientation of hydrodynamic deflecting surfaces of the streamer
`
`positioning device is calculated that will produce said projected force at said calculated
`velocity.
`
`14. (original) The method as claimed in claim 13, in which the streamer positioning device is
`
`rotated to align the current force axis with said desired force and its hydrodynamic deflecting
`surface orientation is changed as the CUJTent force axis becomes more closely aligned with
`said desired force.
`
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`Oct~l7-06 12:23P Jeffrey L. and Mary A. We 409-321-3856
`
`P.09
`
`Application ser. no.: 11/454,352
`Amdmt. and Response to Office Action
`of8/2/06
`
`15-18. Cance1led
`
`19. (currently amended) An array of seismic streamers towed by a towing vessel comprising:
`
`(a) a plurality of streamer positioning devices on or inline with each streamer, at least
`
`one of the streamer positioning devices having a wing;
`(b) a global control system transmitting location information to at least one local
`
`control system on the at least one streamer positioning device having a wing,
`
`the local control system adjusting the wing,_
`
`20. (original) The apparatus of claim 19 wherein the local control system calculates forces
`
`selected from a desired horizontal force, a desired vertical force, and both, on the at least one
`
`streamer positioning device using the location information.
`
`21. (original) The apparatus of claim 20 wherein local control system comprises a localized
`
`conversion program that associates magnitude and direction of vertical displacement,
`
`horizontal displacement, or both displacements with magnitude and direction of the desired
`
`vertical force, the desired horizontal force, or both forces.
`
`22. (original) The apparatus as claimed in claim 20, wherein the global control system
`
`transmits a desired vertical depth for the at least one streamer positioning device and the
`
`local control system calculates magnitude and direction of the deviation between the desired
`vertical depth and actual depth.
`
`23. (original) The apparatus as claimed in claim 20, wherein the global control system
`
`transmits a desired horizontal displacement for the at least one streamer positioning device
`
`and the local control system calculates magnitude and direction ofthe deviation between the
`
`desired horizontal displacement and actual horizontal displacement.
`
`24. (currently amended) The apparatus as claimed in claim 20, comprising means for
`
`calculating velocity of at least one of the streamer positioning devices, wherein the ealeNlateEI
`
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`7
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`
`Oct~l7-06 12:23P Jeffrey L. and Mary A. We 409-321-3856
`
`P.lO
`
`Application ser. no.: 111454,352
`Amdmt. and Response to Office Action
`ofS/2/06
`
`Yeleeity is means for calculating velocity comprises means selected from at least one of a)
`
`ealeulatea usiRg a vessel speea reeei•;ed eem a navigation system on a seismic survey vessel
`
`calculating vessel soeed; b) a current meter compensating eempeasated for the speed and
`
`heading of marine currents acting on the at least one streamer positioning device; andlef c)!!
`
`unit measuring eefft:fJeR5fHed fer relative movement between the seismic survey vessel and
`
`the at least one streamer positioning device.
`
`25. (currently amended) The apparatus as claimed in claim 24, wherein the local control
`
`system adjusting the wing includes a regulator \:l5e efthe laeatiea iafermat:iea te ealeulate
`
`aesirea ehanges ia pesiaea ef e&e e£ mere ef the stfeamer pesitieniag ae'liees is Fegl:llated to
`
`px:event the positioning device from stalling.
`
`26. (original) The apparatus as claimed in claim 25, wherein use of the location information
`
`to calculate desired forces on the at least one streamer positioning device is regulated by the
`
`global control system located on or near a seismic survey vessel that is configured into a
`
`feather angle mode, wherein the global control system attempts to direct the streamer
`
`positioning devices to maintain each of the streamers in a straight line offset from the towing
`
`direction of the marine seismic vessel by a certain feather angle, and into a turn control
`
`mode, wherein the global control system directs the streamer positioning devices to generate
`
`a force in the opposite direction of a tum at the beginning of the tum.
`
`27. (original) The apparatus as claimed in claim 26, in which the global control system is
`
`further configured into a streamer separation mode, wherein said global control system
`
`attempts to direct said streamer positioning device to maintain a minimum separation
`distance between adjacent streamers.
`
`28. (original) The apparatus as claimed in claim 27, comprising a display of the position of
`said streamer positioning devices on said seismic survey vessel.
`
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`Oct~l7-06 12:24P Jeffrey L. and Mary A. we 409-321-3856
`
`P.ll
`
`Application ser. no.: 11/454,352
`Amdmt. and Response to Office Action
`of812/06
`
`29. (original) The apparatus as claimed in claim 28, in which each streamer positioning
`
`device is attached to and unable rotate with respect to its streamer, and further comprising a
`
`monitoring component to monitor twist in said marine seismic streamers and a calculating
`
`unit for calculating a desired change in the orientation of hydrodynamic deflecting surfaces
`
`of the streamer positioning devices to reduce said twist.
`
`30. (original) The apparatus as claimed in claim 29, further including the step of obtaining
`
`the desired positions of at least some ofthe streamer positioning devices.
`
`31 (original) The apparatus as claimed in claim 30, in which said desired force is projected
`
`onto a current force axis and orientation of hydrodynamic deflecting surfaces of the streamer
`
`positioning device is calculated that will produce said projected force at said calculated
`
`velocity.
`
`32. (original) The apparatus as claimed in claim 31, in which the streamer positioning device
`
`is rotated to align the current force axis with said desired force and its hydrodynamic
`
`deflecting surface orientation is changed as the current force axis becomes more closely
`
`aligned with said desired force.
`
`33-36. Cancelled
`
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`Oct'-17-06 12:24P Jeffrey L. and Mary A. We 409-321-3856
`
`P.l2
`
`Application ser. no.: 11/454,352
`Amdmt. and Response to Office Action
`ofS/2/06
`
`REMARKS
`Applicant initially thanks the Examiner for the indication of allowance of claims 1-5
`
`and 19-23, inclusive. The first paragraph of the specification has been amended to correct the
`
`current status of the parent and related applications, as requested by the Examiner.
`
`Paragraphs 22 and 44 have been amended to correct obvious typographical errors.
`
`Status of Claims; 35 U.S.C. §112(2) Rejections
`Claims 1-14 and 19-32 remain in the application.
`Claims 6-14 and 24-32 were rejected under 35 USC 112(2) as being indefinite for
`
`failing to particularly point out and distinctly claim the subject matter which Applicants
`
`regard as the invention. Specifically, claims 6 and 24 were rejected as indefinite for including
`
`the term "and/or"; Applicants have re-worded claims 6 and 24, without adding new matter,
`
`and this basis of rejection is now respectively deemed moot. Additionally, claims 7 and 25
`
`were rejected since the phrase "the location information .. allegedly did not have proper
`
`antecedent basis .. Claims 7 and 25 have been re-worded without adding new matter, so that
`
`these rejections are also now respectively deemed moot.
`
`The Examiner also kindly pointed out several typographical errors in claims 4, 17,
`
`and 19. Claims 4 and 19 have been amended, while claims 15-18 and 33-36 have been
`
`cancelled, without prejudice to filing one or more continuation applications. Applicants
`would like to make explicit in the record that none of the claim amendments herein are
`substantive, in that they were not made in respect of prior art.
`
`Claim Rejections Under 35 U.S.C. §102(b) and §I OJ( a)
`
`Claims 15 and 33 were rejected as being anticipated by Workman et al., U.S. Pat. No.
`
`5,790.472, and Claims 16-18 and 34-36 were rejected under 35 USC 103(a) as being
`
`unpatentable over Workman et al. All of these claims have been cancelled from the present
`application without prejudice to filing one or more continuation applications.
`
`PAGE 12113' RCVO AT 10J1712006 1:22:36 PM [Eastern Daylight Time)' SVR:USPTD.C:FXRF-214' DNIS:2738300 • CSID:409 321 3856' DURATION (mrn-ss):06.06
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`10
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`Ex. PGS 1040
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`

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`O~t'-17-06 12:25P Jeffrey L. and Mary A. We 409-321-3856
`
`P.l3
`
`Application ser. no.: 11/454,352
`Amdmt. and Response to Office Action
`ofS/2106
`
`Condusion
`
`With entrance of the amendments herein, and co;nsideration of the above arguments,
`Applicant believes Claims 1-14 and 19-32 of the present application are in condition for
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`allowance, which is earnestly solicited. Should the examiner have further questions or
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`concerns, the examiner is invited to telephone the undersigned representative.
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`Respectfully submitted,
`
`fj¥»1{
`
`e;.wendt
`Registration No. 32,952
`
`The Wendt Finn, P.C.
`34 Driftoak Circle
`The Woodlands, TX 77381
`936.321.3856
`on behalf of:
`WestemGeco L.L.C.
`Intellectual Property Department
`P.O. Box 2469
`Houston, TX 77252-2469
`Phone: 713-689-2625
`Fax: 713-689·5777
`
`.FrAx T~t:.~~.AJ.SI'Lfl../lloA/
`F/P(PJ>
`CERTIFICATE OF at CILII4<S UNDER 37 C.F.R. 1.8 & 1.10
`ia l'i'<i'l C'••• Mail. on the date indicated
`I hereby certify thai this document and its Bt1a<:hments are being lllailccl uutl suA4i,"IIRIIIIIAPI!II
`lxlow to M,;t ""' """"o-t. CommO."""'f~ ... _P.O.""" 14SO.Ale.~45<l.
`ll
`
`""" CbhJH • .q 2o4
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`,~~..4t/
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`PACE 13/13 • RCVD AT 10/17/2006 1:22:36 PM [Eastern Daylight Time)• SVR:USPTO-EFXRF·214 • DNJS:2738300 • CSID:409 321 3856 • DURATION (mm-ss):06.06
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`11
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`Ex. PGS 1040