Ex. PGS 1033
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`Ex. PGS 1033
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`10/16/03
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`09:03
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`•
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`'B713 939 9508
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`STREETS & STEELE
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`AitomeyDo kctNo, ,:.~;e:, { ~~~d~
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`(WEST/0027)
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`IN THE UNITED STATES PATENT AND TRADEMARK OFF!
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`IN REAPPLICATION OF:
`Oyvind Hillesund
`
`SERIAL NO. 09n87,723
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`FILED:
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`July 2, 2001
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`FOR: Control System for Positioning
`Marine Seismic Streamers
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`§
`§
`§ EXAMINER: Sotelo, Jesus D.
`§
`§
`§ GROUP ART UNIT: 3617
`§
`§
`§
`§ Via Facsimile: 703.305.3597
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`CERTIFICATE OF TRANSMISSION
`37 C.P.R. 1.8
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`I bereby certify that this correspondence il being facsimile
`transmitted 10 the ColllJllissioner for Patents to !he fax number
`indicated on the Office Action, 10 the attention of the named
`Examiner, on the date below:
`
`Mail Stop Response
`Commissioner for Patents
`PO Box 1450
`Alexandria, Virginia 22313-1450
`
`Sir:
`
`·~
`RESPONSE TO OFFICE ACTION DATED FEBRUARY 26, 2003
`Applican~.files this Response to the 0~~ Action dated February 26, 200B,_ w. .. h · ··' ·.:-:1~ a,
`three month shortened statutory period for response set to expire on May 26, 2003. Plea e e tt;r tb.e.
`amendments and consider the remarks on the pages that follow.
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`1
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`Received rrom < 713 939 9508 >at 10/16/03 9:49:59 AM [Eastern Daylight Time]
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`Ex. PGS 1033
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`STREETS & STEELE
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`~008
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`Patent
`AttorneyDocketNo.: 14.0123
`(WEST /0027)
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`IN THE CLAIMS:
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`-----------------------------
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`Please amend the claims according to the following replacement claim set:
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`25. (Currently Amended) A method of controlling the positions of marine seismic streamers in an
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`array of such streamers being towed by a seismic survey vessel, the streamers having respective
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`streamer positioning devices disposed therealong and each streamer positioning device having a
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`wing and a wing motor for changing the orientation of the wing so as to steer the streamer
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`positioning device laterally, said method comprising the steps of:
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`obtaining a predicted position of the streamer positioning devices;
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`obtaining an estimated velocity of the streamer positioning devices;
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`''
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`for at least some of the streamer positioning devices, calculating desired changes in the
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`orientation of their wings using said predicted oosition and said estimated velocity; and
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`actuating the wing motors to produce said desired changes in wing orientation.
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`26. (Original) A method as claimed in claim 25, wherein said estimated velocity is calculated using a
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`vessel speed received from said seismic survey vessel's navigation system.
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`27. (Original) A method as claimed in claim 26, in which said estimated velocity is a water
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`referenced towing velocity that compensates for the speed and heading of marine currents acting on
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`said streamer positioni1tg devices.
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`28. (Original) A m~thod.as claimed in claim 27, in which said estimated velocity i.-; compenfat~ for
`rel~tive moveffi~;l~ .between said seismic survey vessel and said streamer p~~irlo~ing devi~~s. \
`.
`,
`I
`I
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`29. (Original) A method as claimed in claim 28, in which said step of calculating a desir;ed.cij.an~e in
`wing orientation further uses an estimate of the crosscurrent velocity at the respect~~e streafn.er
`positioning device.
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`2
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`Received rrom < 713 9311 9508 >at 10116/03 9:411:511 AM (Eastern Daylight Time)
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`Ex. PGS 1033
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`[lJ 009
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`Patent
`Attorney Docket No.: 14.0123
`(WEST/0027)
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`30. (Original) A method as claimed in claim 29, in which said step of calculating a desired change in
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`wing orientation is regulated to prevent the wing from stalling.
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`31. (Currently Amended) A method as claimed in claim 30, in which said step of calculating a
`desired change in wing orientation is regulated by a global control system located on or near said
`seismic survey vessel that may ae is configured into a feather angle mode, wherein said global
`control system attempts to direct the streamer positioning devices to maintain each of said streamers
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`in a straight line offset from the towing direction of said marine seismic vessel by a certain feather
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`angle, and into a tum control mode, wherein said global control system directs said streamer
`positioning devices to generate a force in the opposite direction of the~ turn at the beginning of the
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`turn.
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`32. (Currently Amended) A method as claimed in claim 31, in which said global control system is
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`may further ae configured into a streamer separation mode, wherein said global control system
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`attempts to direct said streamer positioning device to maintain a minimum separation distance
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`between adjacent streamers.
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`3 3. (Original) A method as claimed in claim 3 2, further including the step of displaying the position
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`of said streamer positioning devices on said seismic survey vessel.
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`34. (Original) A methdd as claimed in claim 33, in which each streamer positioning device is
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`attached to and unable rotate with respect to its streamer and further comprising the step of
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`monitoring twist i.:n.. said marine seismic streamers and calculating a desired change in th~ orie~Jtzriou
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`.·
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`. , .. ,
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`o1 the wings of the streamer positioning devices to reduce said twist.
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`35. (Original) A method as claimed in claim 34, further including the step of obtaining estima es of
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`the respective current positions of at least some of said streamer positioning devices and the step of
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`obtaining the desired positions of each of said at least some streamer positioning devices.
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`3
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`Ex. PGS 1033
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`STREETS & STEELE
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`AnomcyDocketNo.: 14.0123
`(WEST/0027)
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`36. (Original) A method as claimed in claim 35, wherein the estimate of the current position of a
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`streamer positioning device and the desired position of that same streamer positioning device are
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`used to produce a desired force to be applied to its streamer by that streamer positioning device.
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`37. (Original) A method as claimed in claim 36, in which said desired force is projected onto the
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`current force axis and the wing orientation is calculated that will produce said projected force at said
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`estimated velocity.
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`38. (Original) A method as claimed in claim 37, in which the streamer positioning device is rotated
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`to align the current force axis with said desired force and its wing orientation is changed as the
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`current force axis becomes more closely aligned with· said desired force.
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`3 9. (Currently Amended) Apparatus for controlling the positions of marine seismic streamers in an
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`array of such streamers being towed by a seismic survey vessel, the streamers having respective
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`streamer positioning devices disposed therealong and each streamer positioning device having a
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`wing and a wing motor for changing the horizontal orientation of the wing so as to steer the streamer
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`positioning device laterally, said apparatus comprising:
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`means for obtaining a predicted position of the streamer positioning devices;
`means for obtaining an estimated velocity of the streamer positioning devices,
`means for calculating desired changes in the orientations of the respective wings of at least
`-~~
`some of the streamer positioning devices using said predicted position and said estirt1ated velocity;
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`and
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`me!'lns wi actuating the wing motors to produce said desired <.:hanges iL wing ·diient.: · :m
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`40. (Original) Apparatus as claimed in claim 39, in which each streamer positioning device has a first
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`wing and a second wing, said first wing and said second wing being independently moveable to steer
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`the streamer positioning device laterally and vertically.
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`4
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`Received from< 713 939 9508 >at 10/16/03 9:49:59 AM [Eastern Daylight Time]
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`Ex. PGS 1033
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`Attorney Docket No.: 14.0123
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`41. (Original) Apparatus as claimed in claim 40, wherein each streamer positioning device is rigidly
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`attached to and unable to rotate with respect to its streamer.
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`42. (Original) Apparatus as claimed in claim 41, further including means for determining the angular
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`velocity of each streamer positioning device.
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`43. (Original) Apparatus as claimed in claim 42, wherein a global control system is located on or
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`near said seismic vessel and a respective local control system is located within or near each streamer
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`positioning device and said global control system and said local control systems communicate using
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`a respective communication line passing through each streamer.
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`44. (Currently Amended) Apparatus as claimed in claim 43, in which pregpam 'dBits inout values for
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`said local control systems may ee ~downloaded over said communication lines.
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`45. (Original) Apparatus as claimed in claim 44, further including a respective backup
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`communications channel in each streamer between the global control system and the local control
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`systems of the streamer positioning devices of the streamer.
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`46. (Original) Apparatus as claimed in claim 45, in which each local control system has a cycle rate
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`that is at least 10 times greater than the data transfer rate of said communication line. ·
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`47. (Original) ApparatUs as claimed in claim 46, in which each local control system comprises a
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`microprocessor programmed to monitor the current orientation of the wing of its streamer
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`positioning devic~,and to calr;nlate desired changes to the orientation of said wing based orJ. li~.put~
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`:from stu'- glolia.i controi S)'!:item.
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`48. (Original) Apparatus as claimed in claim 47, further including means for producing a weight
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`function filtered depth value.
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`5
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`Received rrom < 713 939 9508 >at 101111103 9:-49:59 AM [Eastern Daylight Time)
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`Ex. PGS 1033
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`Patent
`Attorney Docket No.: 14.0123
`(WEST /0027)
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`49. (New) The method of claim 25, wherein the step of calculating desired changes in the orientation
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`of at least some of the streamer positioning device's wings using said predicted position and said
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`estimated velocity comprises:
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`calculating desired horizontal and vertical forces to be imparted by the streamer positioning
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`devices on marine seismic streamers using said predicted position; and
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`calculating desired roll angles and common wing angles for the streamer positioning devices
`to impart the desired horizontal and vertical forces using said estimated velocity.
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`50. (New) The apparatus of claim 39, wherein the means for calculating desired changes in the
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`orientations of the respective wings of at least some of the streamer positioning devices comprises:
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`means for calculating desired horizontal and vertical forces to be imparted by the streamer
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`positioning devices on marine seismic streamers using said predicted position; and
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`means for calculating desired roll angles and common wing angles for the streamer
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`positioning devices to impart the desired horizontal and vertical forces using said estimated velocity.
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`6
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`Received rrom < 713 939 9508 >at 10116103 9:49:59 AM [Eastern Daylight Time]
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`Ex. PGS 1033
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`~013
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`Patent
`AttomeyDocketNo.: 14.0123
`(WEST/0027)
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`Section 112 Objections
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`REMARKS
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`Claims 31-48 stand 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 the
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`invention. Claims 31-32 and 44 have been amended accordingly to replace the terms "may ( ... ) be"
`with the terms "is" or "are." Claim 44 has been further amended to replace the phrase ''program
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`units" with the phrase "input values" accordingly.
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`Section 103 Rejection
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`Claims 25-48 stand rejected under 35 U.S.C. 103(a) as being unpatentable over European
`Patent No. EP 613025 B 1 ("Elhohn"). This rejection is respectfully traversed because the Examiner
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`has failed to present a prima facie case of obviousness.
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`To establish a prima facie case of obviousness, three basic criteria must bernet: 1) there must
`be some objective suggestion or motivation, either in the prior art reference(s) or in knowledge
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`g~nerally available to one of ordinary skill in the art, to modify to combine reference teachings; 2)
`there must be a reasonable expectation of success by the resulting combination or modification; and
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`3) the combined or modified prior art reference(s) must teach or suggest all the claim limitations .
`. ~~
`The teaching or suggestion to make the claimed combination/modification and the reasonable
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`expectation of success must both be found in the prior art and not based on applicant's disclosure. In
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`re J'aeck, 947 F.2d 488~ 20 USPQ 2d 1438 (Fed. Cir. 1991).
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`Claims 25 and 39 have been amended such that both claims presently recite the step/function
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`of "obtaining a predicted position of the streamer positioning devices." Such predicted position
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`determination is preferably based upon the behavior of the streamers, and can be accomplished more
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`rapidly than actual position determination according to prior art methods that are plagued by low
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`sample rates and time delays. Applicant's Specification at page 3, second full paragraph, and the
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`7
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`Received rrom < 713 939 9508 > at 10/10/03 9:49:59 AM [Eastern Daylight Time)
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`Ex. PGS 1033
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`STREETS & STEELE
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`~014
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`Patent
`Attorney Docket No.: 14.0123
`(WEST/0027)
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`paragraph that bridges pages 7-8.
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`Elholm teaches in a very general sense, at column 6, lines 50-56 thereat: the use of sensors
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`including "speed transmitters" and "positioning instruments" installed in a streamer positioning
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`device so that "the device is able to adjust its course by means of its own control loops." Elholm fails
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`to disclose or even suggest predicting the position of streamer positioning devices to avoid delays
`inherent in actual position measurements. Nor does Elholm disclose or suggest "calculating desired
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`changes in the orientations of the respective wings of at least some of the streamer positioning
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`devices using said predicted position and said estimated velocitY' (emphasis added), as also required
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`by claims 25 and 39. There is no disclosure whatsoever in Elholm of performing calculations that use
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`either a predicted position or an estimated velocity of a streamer positioning device to produce
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`desired changes in wing orientation.
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`Elholm clearly fails to teach all the limitations of claims 25 and 39, as well as the other
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`claims based thereon. Furthermore, there has been no identification of a teaching in the art that
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`bridges the above-identified gaps between Elholm and the claimed invention. Accordingly, the
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`rejection of claims 25-48 on obviousness grounds is not supportable. Reconsideration and
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`withdrawal of this rejection is respectfully requested
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`In conclusion, Applicant submits that all remaining claims in the present application are
`entitled to allowance aJ~ such action is earnestly solicited.
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`8
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`Ex. PGS 1033
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`10/16/03
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`09:09
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`STREETS & STEELE
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`~015
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`Patent
`Attorney Docket No.: 14.0123
`(WEST/0027)
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`In the event there are additional charges in connection with the filing of this Response, the
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`Commissioner is hereby authorized to charge the Deposit Account No. 50-0714/WEST/0027 of the
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`firm of the below-signed attorney in the amount of any necessary fee.
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`Respectfully submitted,
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`fPJ~C~~VED
`©~¥~~©~~
`OCT TI ® 200]
`
`1#;;0~
`
`Steven L. Christian
`Attorney for Applicant
`Registration No. 38,106
`STREETS & STEELE
`13831 Northwest Freeway, Suite 355
`Houston, Texas 77040
`(713) 939-9444
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`,,
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`9
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`Received rr~ < 713 939 9508 .. at 10116103 9:49:59 AM (Eastern Daylight Time]
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`Ex. PGS 1033