`Attorney Docket: 37136-0002IP1
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`ION GEOPHYSICAL CORPORATION
`AND ION INTERNATIONAL S.A.R.L.,
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`Petitioners
`v.
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`WESTERNGECO LLC
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`Patent Owner
`_______________________
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 7,080,607
`UNDER 35 U.S.C. §§ 311-319 and 37 C.F.R. §§ 42.1-.80, 42.100-.123
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`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`Case No. IPR2015-00567
`Attorney Docket: 37136-0002IP1
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`TABLE OF CONTENTS
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`INTRODUCTION ................................................................................................ 1
`I.
`II. OVERVIEW ...................................................................................................... 1
`III. GROUNDS FOR STANDING (37 C.F.R. § 42.104(a)); PROCEDURAL
`STATEMENTS ........................................................................................................... 7
`IV. MANDATORY NOTICES (37 C.F.R. § 42.8(a)(1)) ........................................ 8
`V. STATEMENT OF THE PRECISE RELIEF REQUESTED AND THE
`REASONS THEREFOR (37 C.F.R. §§ 42.22(a) and 42.104(b)) ........................ 9
`VI. THE ’607 PATENT ........................................................................................... 9
`B. Claims 1 and 15 of the ’607 Patent .................................................................. 10
`C. Prior Art ........................................................................................................... 11
`1. Elholm .......................................................................................................... 11
`2. ’636 PCT ....................................................................................................... 12
`3. Gikas ............................................................................................................. 14
`4. Workman ...................................................................................................... 16
`D. SUMMARY OF THE ’607 PATENT PROSECUTION HISTORY ............... 17
`E. THE DISTRICT COURT PROCEEDING AGAINST ION ........................... 18
`VII. CLAIM CONSTRUCTION ............................................................................ 22
`A. Streamer Positioning Device: “a device that controls the position of a
`streamer as it is towed (e.g., a ‘bird’).” .................................................................. 22
`B. Predicting Positions: “estimate of the real time or future locations” ............... 23
`C. “on or in-line with”: “either in-line with the streamer or attached to the
`streamer, whether fastened on the streamer by clamping or other means” ........ 25
`VIII.
`IDENTIFICATION OF CHALLENGE (37 C.F.R. § 42.0l(b)). ................. 26
`A. GROUND 1: CLAIMS 1 AND 15 ARE ANTICIPATED BY WORKMAN 27
`B. GROUND 2: CLAIMS 1 AND 15 ARE OBVIOUS OVER WORKMAN ..... 40
`C. GROUND 3: CLAIMS 1 AND 15 ARE OBVIOUS OVER WORKMAN IN
`VIEW OF ELHOLM ............................................................................................. 42
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`D. GROUND 4: CLAIMS 1 AND 15 ARE OBVIOUS OVER GIKAS IN VIEW
`OF THE ’636 PCT ................................................................................................. 45
`E. GROUND 5: CLAIMS 1 AND 15 ARE OBVIOUS OVER GIKAS IN VIEW
`OF ELHOLM ......................................................................................................... 57
`IX. CONCLUSION ............................................................................................... 60
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`TABLE OF AUTHORITIES
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`FEDERAL CASES
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`In re Yamamoto,
`740 F.2d 1569 (Fed. Cir. 2004) ................................................................. 22
`Janssen Pharmaceutica v. Eon Labs Mfg., Inc.,
`134 Fed. App’x 425 (Fed. Cir. 2005) ........................................................ 13
`KSR Int’l Co. v. Teleflex Inc.,
`550 U.S. 398 (2007)........................................................................42, 45, 51
`Primos, Inc. v. Hunter’s Specialties, Inc.,
`451 F.3d 841 (Fed. Cir. 2006) ................................................................. 23
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`OTHER AUTHORITIES
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`37 C.F.R. § 42 et seq............................................................................................passim
`35 U.S.C. § 102 ..................................................................................... 9, 11-14, 16, 26
`35 U.S.C. § 103 ........................................................................................................9, 27
`35 U.S.C. § 119 ........................................................................................................... 13
`35 U.S.C. § 311 ............................................................................................................. 1
`35 U.S.C. § 314 ........................................................................................................... 26
`35 U.S.C. § 363 ........................................................................................................... 13
`Shashank Upadhy, Generic Pharmaceutical Patent and FDA Law
`(April 2013)) ..................................................................................................... 13
`Upchurch, Intellectual Property Litigation Guide: Patents and Trade
`Secrets § 15:5 (Oct. 2013) ............................................................................. 13
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`Case No. IPR2015-00567
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`I.
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`INTRODUCTION
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`Pursuant to 35 U.S.C. § 311 and 37 C.F.R. § 42.100, ION Geophysical
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`Corporation and ION International S.a.r.l. (collectively, “ION” or “Petitioners”)
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`requests Inter Partes review of Claims 1 and 15 of U.S. Patent No. 7,080,607
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`(the “’607 Patent”) (Ex. 1001), assigned on its face to WesternGeco L.L.C. (“Patent
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`Owner”). This Petition substantively copies the petition filed in co-pending
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`IPR2014-00688, which was instituted on December 15, 2014. Accompanying this
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`Petition is a motion to join IPR2014-00688. For at least the reasons stated herein,
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`Petitioners request that Claims 1 and 15 of the ’607 Patent be judged unpatentable
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`and canceled. Because this Petition substantively copies the petition filed in co-
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`pending IPR2014-00688 and that IPR has been instituted, this Petition establishes a
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`reasonable likelihood Petitioners will prevail with regard to Claims 1 and 15 of the
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`’607 Patent.
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`II. OVERVIEW
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`The ’607 Patent is directed to marine seismic surveying technology. Marine
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`seismic surveys are carried out by vessels that tow acoustic energy sources that fire
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`“shots” of sound waves into the water. The sound waves travel through the
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`seafloor and into the earth, reflect from the earth’s geological formations, and
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`return to the surface. The reflected signals are then recorded by acoustic sensors
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`(“receivers” or “hydrophones”) that are towed in long cables known as seismic
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`“streamers.” Because recorded sound waves have different properties depending
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`on the geology of the ocean’s subsurface, the recorded signals provide data that
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`can be processed to provide information regarding characteristics of the ocean’s
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`subsurface, including the presence of oil and gas. In essence, a marine seismic
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`survey seeks to obtain an image of the ocean’s subsurface in the surveyed area.
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`In modern marine seismic surveys, towing vessels typically tow a plurality
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`of streamers in an areal spread called an “array.” Below is a simplified depiction
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`of a survey vessel towing an acoustic energy source and an array of streamers:
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`Marine seismic surveys are planned carefully in advance. To obtain optimal
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`survey data most efficiently, seismic survey plans generally call for the vessel and
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`towed streamers to traverse the survey area in straight lines back and forth, ideally
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`obtaining a pre-determined quantity of data from each portion of the survey area.
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`Ex. 1002 (Evans) ¶¶ 31-33. Currents and other environmental forces, however,
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`tend to cause the streamers to deviate from their pre-planned paths and
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`configurations. These deviations result in the collection of data that are distributed
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`irregularly in the survey area, which degrades the data quality and leads to gaps
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`in the data and, by extension, the subsurface image the survey seeks to obtain.
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`Id. 33. In the event of gaps, the survey vessel must reacquire the missing data
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`using an expensive and time-consuming process known as “in-filling.” Id.
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`Moreover, streamers that veer off course can become entangled—both with
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`each other and with external obstructions, such as oil rigs. Ex. 1002 ¶¶ 38, 78.
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`Streamer tangling has devastating consequences, as it can damage the expensive
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`streamers and the devices thereon. Tangling also can result in the interruption of
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`seismic data acquisition for extended periods of time, and the efficient conduct of
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`a survey with minimal downtime is critical to the survey’s profitability. Id.¶ 38.
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`The art of streamer positioning developed, in large measure, to address these
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`problems. Streamer positioning is generally comprised of determining the position
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`of the streamer and steering the streamer to a desired position. Control systems
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`capable of performing these functions began to arise in the 1960s. They have used
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`various types of equipment to monitor the streamer positions during the survey,
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`such as magnetic compasses, acoustic measuring systems, global positioning
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`systems, shore-based radio positioning, and satellite observations. Ex. 1002 ¶ 67;
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`See, e.g., Ex. 1007 (U.S.P.N. 3,581,273) at 6:43-57 (radar reflectors); Ex. 1008
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`(U.S.P.N. 3,605,674) (“Weese”) at 4:33-38 (“horizontal ranging sonar”); Ex.
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`1009 (U.S.P.N. 4,809,005) at 2:55-60 (GPS satellites); Ex. 1010 (U.S.P.N.
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`4,404,664)
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`(“Zachariadis”)
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`at Abstract
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`(magnetic
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`compasses
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`and
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`gyrocompassess). When the monitoring systems indicate that streamers have
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`deviated from their desired path, a control system on the vessel sends positioning
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`commands to “streamer positioning devices” attached or built into the streamer
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`to move them to the desired position. See Ex. 1002 ¶¶ 51-65. Streamer
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`positioning devices, which date back to at least the 1960s, typically have at least
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`one water-deflecting surface (e.g., a wing, fin, or rudder) that can be positioned
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`at different angles to adjust the streamers’ depths and/or lateral position. Ex.
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`1008 (Weese); Ex. 1011 (Waters); Ex. 1012 (Buller).
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`The ’607 Patent purports to improve upon the streamer positioning system
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`disclosed in PCT Application No. WO 98/28636 (“’636 PCT”) (Ex. 1013). The
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`’607 Patent acknowledges that the ’636 PCT discloses a streamer control system
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`wherein a “remote control system” sends signals indicative of “the desired
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`horizontal positions and the actual horizontal positions” to a “local control system”
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`built into each streamer positioning device (in this case a “bird”), and the local
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`control systems within the birds “adjust the wing angles” to move the streamers
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`from their actual positions to their desired positions. Ex. 1001 at 2:39-48.
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`The ’607 Patent suggests that the control systems of the ’636 PCT and
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`similar prior art systems were deficient because “[t]he actual horizontal positions
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`of the birds may be determined every 5 to 10 seconds and there may be a 5 second
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`delay between the taking of measurements and the determination of actual streamer
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`positions.” Id. at 2:35-38. Because the streamers are constantly moving when
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`towed, the ’607 Patent asserts that “the delay period and the relatively long cycle
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`time between position measurements prevents [the ’636 PCT and other prior art]
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`control system[s] from rapidly and efficiently controlling the horizontal positions
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`of the bird[s].” Id. The ’607 Patent purports to overcome this delay problem using
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`a “more deterministic system” for tracking and controlling streamer positions. Id.
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`at 2:43-44. In particular, its system uses “position predictor software to estimate
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`the actual locations” of streamers and streamer positioning devices during the
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`intervals between position measurements. Id. at 4:54-55.
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`That “prediction” concept is the supposedly inventive aspect of Claims 1 and
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`15, the limitations of which include “(b) a prediction unit adapted to predict
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`positions of . . . streamer positioning devices” and (c) a control unit adapted to
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`use the predicted positions to calculate desired changes” in position. Yet, as
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`explained in this Petition, the prior art repeatedly articulated both the time delay
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`problem that the ’607 Patent purports to address and its solution of obtaining and
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`using predicted positions of streamer positioning devices to steer them more
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`accurately.
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`Numerous prior art publications disclosed the use of prediction methods to
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`monitor streamers and streamer positioning devices more effectively. For example,
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`the 1995 “Gikas” publication disclosed a “Kalman filter” that uses “knowledge of
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`the motion of the system” to “make a very accurate prediction of where the
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`network will be at any [time] using just the previous position and the estimated
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`configuration motion.” V. Gikas et al., A Rigorous and Integrated Approach to
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`Hydrophone and Source Positioning During Multi-Streamer Offshore Seismic
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`Exploration, 77 Hydrographic J. 11, 12 (1995) (Ex. 1006) (“Gikas”). Although
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`other methods had been used to help surveyors determine the seismic streamer
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`array positions, the Kalman filter was an improvement “[d]ue to its ability to predict
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`the network.” Id. at 12. It can resolve problems relating to time delays in the
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`positioning data, because it can “use observations that do not completely define
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`the system”—i.e. data from position-monitoring systems that have gaps—to predict
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`positions. Id.; see also R.P. Loweth, Manual of Offshore Surveying for
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`Geoscientists and Engineers 73-74 (1st ed. 1997) (Ex. 1014) (“Continuity of data is
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`no longer a problem” because a Kalman filter can “run for 3 or 4 shots with no new
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`data at all, without causing a major deterioration in accuracy”).
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`Given that prior art streamer positioning systems relied on less accurate
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`measurements to monitor and control streamer positions, there were strong
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`incentives to improve those systems by using Gikas’ Kalman filter approach
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`to “predict” streamer positions. Prior art U.S. Patent No. 5,790,472, entitled
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`“Adaptive Control of Marine Seismic Streamers”, did just that. Ex. 1004
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`(“Workman”). Workman disclosed an “adaptive control” system that utilized a
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`Kalman filter that obtained and utilized the “predicted positions” for more effective
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`streamer positioning, as recited in the challenged claims. By using a Kalman filter,
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`Workman’s system could “determine the real time position” of the seismic
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`streamer cables. Id. at 2:16-17. It then uses the real-time positions generated by
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`the Kalman filter and other information to “determine when the streamer cables
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`need to be repositioned and to calculate the position correction required,” which
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`correction is then transmitted to the streamer positioning devices to adjust their
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`positions. Id. at 4:8-21. This is precisely what is recited in Claims 1 and 15.
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`Claims 1 and 15 are anticipated by Workman. Alternatively, they are
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`obvious over Workman in view of the streamer positioning systems in U.S. Patent
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`Number 5,532,975 (“Elholm”). These claims are also obvious over the ’636 PCT
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`streamer positioning system, in view of Gikas. For the reasons discussed herein,
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`Petitioners Request Inter Partes review and cancellation of Claims 1 and 15.
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`III. GROUNDS FOR STANDING (37 C.F.R. § 42.104(a)); PROCEDURAL
`STATEMENTS
`Petitioners certify that (1) the ’607 Patent is available for inter partes
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`review; and (2) Petitioners are not barred or estopped from requesting inter
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`partes review of any claim of the ’607 Patent on the grounds identified in this
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`Petition.1
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`1 Petitioners were never served, they did not waive service, and a waiver of service
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`was never filed in any litigation involving U.S. Patent No. 7,080,607, including
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`This Petition is filed in accordance with 37 C.F.R. § 42.106(a). Concurrently
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`filed herewith are a Power of Attorney and Exhibit List pursuant to § 42.10(b)
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`and § 42.63(e), respectively. The Director is authorized to charge the fees
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`specified by 37 C.F.R. § 42.15(a) to Deposit Account No. 06-1050.
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`IV. MANDATORY NOTICES (37 C.F.R. § 42.8(a)(1))
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`Each Real Party-In-Interest (37 C.F.R. § 42.8(b)(1)): ION Geophysical
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`Corporation and ION International S.a.r.l. (collectively, “ION” or “Petitioners”).
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`Notice of Related Matters (37 C.F.R. § 42.8(b)(2)): The ’607 patent
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`is or has been the subject of the following civil actions: (i) Civ. Act. No. 4-09-cv-
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`01827 (S.D. Tex.), filed Jun. 12, 2009; (ii) Civ. Act. No. 4-10-cv-02120 (S.D. Tex.),
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`filed Jun. 16, 2010; (iii) Civ. Act. No. 4-13-cv-02385 (S.D. Tex.), filed Aug. 15,
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`2013; and (iv) Civ. Act. No. 4-13-cv-02725 (S.D. Tex.), filed Sep. 16, 2013.
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`Additionally, the ’607 patent is the subject of the following petitions for IPR:
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`IPR2014-00688 and IPR2014-01477.
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`Lead and Back-Up Counsel and Service Information (37 C.F.R. §§
`42.8(b)(3) and (4)):
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`Petitioners designate W. Karl Renner, Reg. No. 41,265, as Lead Counsel and
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`Roberto Devoto, Reg. No. 55,108, as Backup Counsel, both available at 3200 RBC
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`Civ. Act. No. 4-09-cv-01827 (S.D. Tex.), filed Jun. 12, 2009. See Ex. 1058
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`(Docket of Civ. Act. No. 4-09-cv-01827).
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`Plaza, 60 South Sixth Street, Minneapolis, MN 55402 (T: 202-783-5070; F: 202-
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`783-2331), or electronically by email at IPR37136-0002IP1@fr.com.
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`V.
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`STATEMENT OF THE PRECISE RELIEF REQUESTED AND
`THE REASONS THEREFOR (37 C.F.R. §§ 42.22(a) and 42.104(b))
`Petitioners request inter partes review under 37 C.F.R. § 42.108 as to
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`Claims 1 and 15 of the '607 Patent and a ruling that Claims 1 and 15 are
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`unpatentable under 35 U.S.C. §§ 102 or 103 based on the grounds set forth herein
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`Petitioners’ detailed statement of the reasons for relief is set forth in § VIII below.
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`VI. THE ’607 PATENT
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`A. The ’607 Patent’s Specification
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`The ’607 Patent discloses a “method of controlling a streamer positioning
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`device.” Ex. 1001 at Abstract. As relevant here, the ’607 Patent discloses methods
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`for controlling prior art streamer positioning devices. It first points to the system
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`disclosed in the ’636 PCT, in which desired and actual horizontal positions “are
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`received from a remote control system and are then used by a local control system
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`within the birds [i.e., streamer positioning device] to adjust the wing angles.” Id. at
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`2:30-35. The ’607 Patent deems this control system inadequate, asserting that
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`“[t]he actual horizontal positions of the birds may be determined every 5 to 10
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`seconds and there may be a 5 second delay between the taking of measurements
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`and the determination of actual streamer positions.” Id. at 2:35-38. According to
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`the ’607 Patent, this alleged flaw “prevents this type of control system from rapidly
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`and efficiently controlling the horizontal position of the bird.” Id. at 2:40-43.
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`In response, the ’607 Patent’s “control system runs position predictor
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`software to estimate the actual locations of each of the birds.” Id. at 4:51-55. The
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`control system uses as potential inputs vessel speed, vessel heading, current speed,
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`current heading, and the birds’ horizontal locations from the vessel’s navigation
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`system. Id. at 4:60-65. After running the position predictor software, the system
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`sends as outputs to the bird’s control system the vertical and horizontal force
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`needed to move the streamers to the desired positions. Id. at 4:67-5:3.
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`B. Claims 1 and 15 of the ’607 Patent
`Independent Claim 15 of the ’607 Patent is directed to a system that obtains
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`and uses predictions of the positions of streamer positioning devices:
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`(b)
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`An array of seismic streamers towed by a towing vessel
`15.
`comprising:
`(a)
`a plurality of streamer positioning devices on or inline with
`each streamer;
`a prediction unit adapted to predict positions of at least some of
`the streamer positioning devices; and
`a control unit adapted to use the predicted positions to calculate
`desired changes in positions of one or more of the streamer
`positioning devices.
`Claim 1 of the ’607 Patent, which is a method claim containing substantially
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`(c)
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`identical limitations to Claim 15, reads as follows:
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`1. A method comprising:
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`(a)
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`(b)
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`(c)
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`towing an array of streamers each having a plurality of streamer
`positioning devices there along;
`predicting positions of at least some of the streamer positioning
`devices;
`using the predicted positions to calculate desired changes in
`position of one or more of the streamer positioning devices; and
`(d)
`implementing at least some of the desired changes.
`Claim 15 is substantively identical to claim 1 except that it also includes limitation
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`(d) that requires “implementing at least some of the desired changes.”
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`Prior Art
`C.
`This Petition relies on four prior art references that anticipate or render
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`obvious Claims 1 and 15. The ’636 PCT and Elholm disclose sophisticated
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`streamer positioning systems that determine the positions of the streamer
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`positioning devices and then use them to calculate desired position changes.
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`Gikas, a third reference, was before neither the examiner nor the District Court in
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`previous litigation; it explained the drawbacks of systems that do not use predicted
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`positions and the benefits of using a Kalman filter to predict positions of any point
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`in the streamer array, including resolving problems related to the time delays.
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`Workman discloses a system that predicts positions using a Kalman filter and uses
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`them to calculate desired changes in the positions of streamer positioning devices.
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`Elholm
`1.
`The Elholm Patent issued on July 2, 1996 and is therefore prior art to the
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`’607 Patent under 35 U.S.C. §§ 102(a) and 102(b). See infra at 12-13.
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`Elholm disclosed a streamer positioning device for controlling the horizontal
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`position and depth of the streamers. See Ex. 1005 at Abstract; 5:25-34. Elholm’s
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`streamer positioning device is called a “vessel.” Id. at 2:61-63. The streamer
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`positioning device is equipped with acoustic positioning equipment to “transmit
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`and receive sound in such a manner that it is possible to calculate the distance
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`between units in the towing system.” Id. at 3:13-17. Control signals in the Elholm
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`system are transmitted through electrical cables to the streamer positioning device
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`“via a central source or a computer programme on board the ship, and information
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`from the various instruments would be transmitted from the [streamer positioning
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`device] to the boat.” Id. at 3:17-21, 3:34-37. On the basis of positional data and
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`other information received from the streamer positioning device, such as “depth,
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`pressure, speed, separation out to the side, etc.,” the computer on the towing vessel
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`is “able to calculate which control signals should be transmitted to the [streamer
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`positioning device] in order to guide it into the correct position.” Id. at 3:37-41.
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`’636 PCT
`2.
`The ’636 PCT (Ex. 1013), titled “Control Devices for Controlling the
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`Position of a Marine Seismic Streamer,” was published on August 4, 1998. Because
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`it was published before the October 1, 1998 filing date of the Great Britain
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`application to which the ’607 Patent claims priority, it is § 102(a) prior art.
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`The ’636 PCT also constitutes prior art under 35 U.S.C. § 102(b) because it
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`issued on August 4, 1998, and the critical date of the ’607 Patent for § 102(b)
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`purposes is September 28, 1998—one year before its PCT filing date. The ’607
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`Patent issued from an application that claims priority to PCT application No.
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`99/01590, filed on September 28, 1999. The filing date of the international PCT
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`application is the effective U.S. filing date and is used to determine the critical date
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`for purposes of 35 U.S.C. § 102(b). See 35 U.S.C. § 363 (“An international
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`application designating the United States shall have the effect, from its
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`international filing date under article 11 of the treaty, of a national application for a
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`patent regularly filed in the Patent and Trademark Office.”); 35 U.S.C. § 119(a)
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`(1994) (“no patent shall be granted on any application for patent for an invention
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`which had been patented or described in a printed publication in any country more
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`than one year before the date of the actual filing of the application in this country”
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`(emphasis added). These provisions establish that the critical date is based on the
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`PCT application date, not the date of an earlier filed foreign patent application.
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`See, e.g., Janssen Pharmaceutica v. Eon Labs Mfg., Inc., 134 Fed. App’x 425 (Fed.
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`Cir. 2005); Ex. 1057 (Upchurch, Intellectual Property Litigation Guide: Patents
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`and Trade Secrets § 15:5 (Oct. 2013) (“the PCT application is the U.S. filing date”
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`and “the critical date for § 102(b) prior art” is one year before that date, rather than
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`one year before the earlier British application date)); Ex. 1058 (Shashank Upadhy,
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`Generic Pharmaceutical Patent and FDA Law § 1.71 (April 2013)).
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`The ’636 PCT recognized that streamers can deviate from their ideal paths,
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`which can “adversely affect the coverage of the survey” and can cause streamer
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`tangling. Ex. 1013 at 2. In response, the ’636 PCT disclosed birds that could
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`control streamer lateral and depth position. Id. at 2-3. As in streamer steering
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`systems of the prior art, the ’636 PCT uses actual and desired location information
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`to adjust the streamers to their desired course. The ’636 PCT’s remote control
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`system sends control signals—i.e., signals indicative of the “the actual and desired
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`lateral positions of the bird” and signals indicative of the “desired vertical positions
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`of the bird”—to the bird’s control circuit. Id. at 6. The bird’s control circuit uses
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`that information to “calculate the roll angle of the bird and the respective angular
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`positions of the wings which together will produce the necessary combination of
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`vertical force (upwardly or downwardly) and lateral force (left or right) required to
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`move the bird to the desired depth and lateral position.” Id. The control circuit
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`then “adjusts each of the wings by means of the stepper motors so as to start to
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`achieve the calculated bird roll angle and wing angular positions.” Id.
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`Gikas
`3.
`In a 1995 journal article, Vassilis Gikas disclosed a Kalman filter used to
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`predict positions in a marine seismic survey array. Ex. 1006. Because it was
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`published before the critical date, Gikas is prior art under 35 U.S.C. § 102(b).
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`Gikas addresses the same limitation of prior art streamer positioning that the
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`’607 Patent addresses—i.e., that prior art systems typically estimate positions
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`based on individual measurements taken at discrete intervals. Ex. 1001 (’607
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`Patent) at 2:30-43. Gikas explains that “[t]he most common approach currently
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`applied to the positioning problem” is an “epoch by epoch” or “least squares”
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`approach that uses only discrete position measurements and therefore “does not use
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`knowledge of the motion of the system” to determine streamer positions. Ex. 1006
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`(Gikas) at 11. Gikas explains that “it is almost impossible to describe the precision
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`and reliability” of positioning measurements obtained by a “step-by-step approach”
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`that uses only “previous position” measurements to determine positions of
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`constantly moving equipment. That is because, as Gikas explains, “[n]ot using this
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`‘knowledge or motion’ is effectively disregarding information,” which therefore
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`“leads to poorer results” in positioning calculations. Id. at 12.
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`To address this well-known problem, Gikas discloses “a rigorous and
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`integrated approach” for more accurately determining the position of equipment in
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`a multi-streamer seismic array. Ex. 1006 (Gikas) at Abstract. Gikas proposes
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`configuring seismic positioning systems with software that can run a recursive
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`algorithm known as a “Kalman filter,” which Gikas explains “is probably the best
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`known of the commonly used recursive algorithms for estimation of the parameters
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`of a time-varying system.” Id. at 15. Gikas concludes that: “Due to its ability to
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`predict the network, a Kalman filter is a far more powerful tool than simple least
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`squares” systems commonly employed by prior art systems. Id. at 12.
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`Gikas identifies various advantages of using a Kalman filter. Because Kalman
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`filters use “knowledge of the motion of the system,” they allow an operator to
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`“make a very accurate prediction of where the network will be at any [time] using
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`just the previous position and the estimated configuration motion.” Id. Gikas also
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`discloses that the Kalman filter can be used to compute “[t]he position of any
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`point of interest throughout the spread . . .” Id. at 24.
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`Gikas explains that his dynamic positioning method is “easily incorporated
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`into a Kalman filter model for real time positioning.” Ex. 1006 at 14. He explains
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`that operational equations for, and the recursive nature of, the Kalman filter are
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`well known; thus, once the relevant inputs for calculations have been specified,
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`“their implementation within a Kalman filter is, in principle, trivial.” Id. at 15.
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`4. Workman
`Workman, titled “Adaptive Control of Marine Seismic Streamers,” issued on
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`August 4, 1998, before the October 1, 1998 priority date and September 28, 1998
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`critical date. Ex. 1004. It is § 102(a) and (b) prior art. See supra at 12-13.
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`Workman discloses an “improved system for controlling the position and
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`shape of marine seismic streamers.” Ex. 1004 (Workman) at 1:6-8. To perform
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`this streamer steering, Workman disclosed streamer positioning devices that could
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`control the streamers’ lateral movement and depth during a survey. Id. at 1:45-61.
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`Workman acknowledged that “[l]ocation sensing devices and methods for
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`determining the positions of the seismic sources and seismic streamer cables [were]
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`. . . well known in the art,” describing both a GPS system and an acoustic
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`positioning system. Id. at 2:10-15. It disclosed that those systems “may then be
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`used to determine the real time position of the seismic sources and seismic streamer
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`cables by computing a network solution to a Kalman filter.” Id. at 2:15-19.
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`Workman’s system uses a Kalman filter on positioning data to “output[] real time
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`streamer cable shapes, streamer cable positions, and streamer cable separations.”
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`Id. at 3:46-51. It then uses the real-time positions generated by the Kalman filter
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`and other information to “determine when the streamer cables need to be
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`repositioned and to calculate the position correction required,” and transmits the
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`correction to the positioning devices to adjust their positions. Id. at 4:8-21.
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`SUMMARY OF THE ’607 PATENT PROSECUTION HISTORY
`D.
`The ’607 Patent issued on July 25, 2006 from application Ser. No.
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`11/070,614, which was a continuation o