DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/08/2025 has been entered.
Claims 10-11, 22-27 and 36 are cancelled.
Claims 1, 13 and 14 are amended.
Claims 1-9,12-21,28-35 and 37-40 are pending.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-3, 8-9, 12-14, 16-21, 28-32, 34-35 and 37-40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xia(US 20170260848 A1) in view of Berteussen (WO 9807050 A1) and Hemphill (US 20180252065 A1) and further evidenced by Den Boer (US 20160377476 A1).
Regarding claim 1, Xia[Fig 1,2; 0002 has DAS system for seismic data] teaches a vessel[Fig 2, shows a vessel 0016 considers vessels namely platforms, semi-subs, drill shops etc];
and a distributed acoustic sensing (DAS) system for acquiring seismic data, the DAS system comprising[0002-0003, 0015 has DAS system for seismic data]:
a. a fibre optic sensing cable for sensing seismic waves, ….. the fibre optic sensing cable being arranged on the seabed[Fig 1, 2; 0021, 0023 0028 has fibre optic cable on the seabed]….. and wherein the sensing cable has been deployed from the vessel[Fig 2, shows a vessel 0016 considers vessels namely platforms, semi-subs, drill shops etc];
and b. an instrument floating structure comprising at least some instrumentation for use in the acquisition of seismic data, the instrument floating structure being connected to the fibre optic sensing cable via a riser cable[Fig 2, 0028 has floating structure and interrogator to detect light and can be connected to the fiber by riser];
wherein the fibre optic sensing cable is a continuous unbranched cable[0002, 0054 has the fiber optic cable being continuous. 0021 has a single continuous fiber]…..
and wherein the riser cable comprises a signal-transmitting cable and a mooring cable, and the instrument floating structure is connected to an anchor via the mooring cable. [Fig 2 has riser/subsea conduit #62 which contains the signal cable #50 and is attached to the floating platform #62 by means of the wellhead #32 which is anchored on the seafloor. Moreover the knowledge of anchors and fastening is well known in the art]
wherein when the sensing cable has been deployed from the vessel and the sensing cable is connected to the instrument floating structure [Fig 2, shows a vessel 0016 considers vessels namely platforms, semi-subs, drill shops etc],…
Xia implies does not explicitly teach wherein the fibre optic sensing cable is sufficiently flexible such that it can be arranged in a curved pattern on the seabed covering a geological structure to be surveyed ….. curved over the geological structure to be surveyed….. wherein the instrument floating structure comprises a buoyant body carrying instrumentation for acquiring seismic data, wherein the instrument floating structure is considerably smaller than a typical boat and simply provides a float or buoyant platform or container on and/or in which the instrumentation for performing a seismic survey or acquiring seismic data is provided; [Fig 2 has a floating structure namely the platform #62 which has the instrumentation #52, #54 implying it is the vessel can be disconnected from the DAS system and is free to move a buoyant body]….. the vessel can be disconnected from the DAS system and the instrument floating structure and is free to move around the sea surface relative to the sensing cable and the instrument floating structure.
Berteussen teaches wherein the sensing cable has been deployed from the vessel[Claims 1 and fig 3A and 3B show deployment via vessel and leaving the cable]….. instrument floating structure comprises a buoyant body carrying instrumentation for acquiring seismic data. [Fig 1; Page 2, Lines 10-20, Page 6, Lines 15- 30 has buoys connected to the cable which containing and carrying instruments for acquiring, recording and transmitting seismic data]….. wherein when the sensing cable has been deployed from the vessel and the sensing cable is connected to the instrument floating structure, the vessel can be disconnected from the DAS system and the instrument floating structure and is free to move around the sea surface relative to the sensing cable and the instrument floating structure.[Claims 1 and fig 3A and 3B show deployment via vessel and leaving the cable and buoy with the instruments]
Hemphill teaches wherein the fibre optic sensing cable is sufficiently flexible such that it can be arranged in a curved pattern on the seabed covering a geological structure to be surveyed[Fig 5 has fiber optic cable #112 along the seafloor; 0039-0040] ….. curved the over geological structure to be surveyed wherein the instrument floating structure comprises a buoyant body carrying instrumentation for acquiring seismic data[Fig 5 has instrument control systems #100; 0038-0041], wherein the instrument floating structure is considerably smaller than a typical boat and simply provides a float or buoyant platform or container on and/or in which the instrumentation for performing a seismic survey or acquiring seismic data is provided [Fig 5 has instrument control systems #100; 0038-0041 show it is a buoy smaller than a boat]
and wherein the riser cable comprises a signal-transmitting cable and a mooring cable, and the instrument floating structure is connected to an anchor via the mooring cable. [Fig 5 has cable with anchor #116 on the seafloor]…..
wherein when the sensing cable has been deployed from the vessel and the sensing cable is connected to the instrument floating structure the vessel can be disconnected from the DAS system and the instrument floating structure and is free to move around the sea surface relative to the sensing cable and the instrument floating structure. [Fig 7 has boats #110 and ROV #111; 0042 has deployment and leaving buoy]
Den Boer also teaches having DAS cables on the seafloor for seismic surveys[0003-0004, 0055, 0081 has DAS systems deployed on the seabed]
It would have been obvious to one of ordinary skill in the art before the filing date to have modified the optical fiber in Xia with the buoys in Berteussen, the use of DAS in seismic surveys from Den Bocr and the knowledge from Hemphill that fiber optic cables are flexible and can be anchored to various buoys in order to mark the location of the cable as well as record and transmit the data as well as avoid obstacles on the sea floor.
Regarding claim 13, Xia[Fig 1,2; 0002 has DAS system for seismic data] teaches a vessel[Fig 2, shows a vessel 0016 considers vessels namely platforms, semi-subs, drill shops etc];
and a distributed acoustic sensing (DAS) system for acquiring seismic data, the DAS system comprising[0002-0003, 0015 has DAS system for seismic data]:
a. a single sensing cable for sensing seismic waves, ….. the sensing cable being arranged on the seabed[Fig 1, 2;0021, 0023 0028 has fibre optic cable suitable for the seabed]….. and wherein the sensing cable has been deployed from the vessel[Fig 2, shows a vessel 0016 considers vessels namely platforms, semi-subs, drill shops etc];
and b. an instrument floating structure comprising at least some instrumentation for use in the acquisition of seismic data, the instrument floating structure being connected to the sensing cable via a riser cable[Fig 2, 0028 has floating structure and interrogator to detect light and can be connected to the fiber by riser];
wherein the sensing cable comprises: a sensing part comprising a glass fibre part[#120 in Fig 3, 0029 has wave guide; 0053 shows sensing];
and one or more protective layers arranged around the sensing part. #124 or #126 or #134 are protective. See also 0029, 0048, Claim 1]…..
and wherein the riser cable comprises a signal-transmitting cable and a mooring cable, and the instrument floating structure is connected to an anchor via the mooring cable.[Fig 2 has riser/subsea conduit #62 which contains the signal cable #50 and is attached to the floating platform #62 by means of the wellhead #32 which is anchored on the seafloor. Moreover the knowledge of anchors and fastening is well known in the art]
wherein when the sensing cable has been deployed from the vessel and the sensing cable is connected to the instrument floating structure [Fig 2, shows a vessel 0016 considers vessels namely platforms, semi-subs, drill shops etc],…
Xia implies does not explicitly teach wherein the fibre optic sensing cable is sufficiently flexible such that it can be arranged in a curved pattern on the seabed covering a geological structure to be surveyed ….. curved over the geological structure to be surveyed ….. wherein the instrument floating structure comprises a buoyant body carrying instrumentation for acquiring seismic data, wherein the instrument floating structure is considerably smaller than a typical boat and simply provides a float or buoyant platform or container on and/or in which the instrumentation for performing a seismic survey or acquiring seismic data is provided; [Fig 2 has a floating structure namely the platform #62 which has the instrumentation #52, #54 implying it is a buoyant body]….. the vessel can be disconnected from the DAS system and the instrument floating structure and is free to move around the sea surface relative to the sensing cable and the instrument floating structure.
Berteussen teaches wherein the sensing cable has been deployed from the vessel [Claims 1 and fig 3A and 3B show deployment via vessel and leaving the cable] ….. the instrument floating structure comprises a buoyant body carrying instrumentation for acquiring seismic data. [Fig 1; Page 2, Lines 10-20, Page 6, Lines 15- 30 has buoys connected to the cable which containing and carrying instruments for acquiring, recording and transmitting seismic data] wherein when the sensing cable has been deployed from the vessel and the sensing cable is connected to the instrument floating structure the vessel can be disconnected from the DAS system and is free to move around the sea surface. Claims 1 and fig 3A and 3B show deployment via vessel and leaving the cable and buoy with the instruments]
Hemphill teaches wherein the fibre optic sensing cable is sufficiently flexible such that it can be arranged in a curved pattern on the seabed covering a geological structure to be surveyed[Fig 5 has fiber optic cable #112 along the seafloor; 0039-0040] ….. curved over the geological structure to be surveyed ….. wherein the instrument floating structure comprises a buoyant body carrying instrumentation for acquiring seismic data[Fig 5 has instrument control systems #100; 0038-0041], wherein the instrument floating structure is considerably smaller than a typical boat and simply provides a float or buoyant platform or container on and/or in which the instrumentation for performing a seismic survey or acquiring seismic data is provided[Fig 5 has instrument control systems #100; 0038-0041 show itis a buoy smaller than a boat]
and wherein the riser cable comprises a signal-transmitting cable and a mooring cable, and the instrument floating structure is connected to an anchor via the mooring cable. [Fig 5 has cable with anchor #116 on the seafloor]
wherein when the sensing cable has been deployed from the vessel and the sensing cable is connected to the instrument floating structure the vessel can be disconnected from the DAS system and the instrument floating structure and is free to move around the sea surface relative to the sensing cable and the instrument floating structure. [Fig 7 has boats #110 and ROV #111; 0042 has deployment and leaving buoy]
Den Boer also teaches having DAS cables on the seafloor for seismic surveys[0003-0004, 0055, 0081 has DAS systems deployed on the seabed]
It would have been obvious to one of ordinary skill in the art before the filing date to have modified the optical fiber in Xia with the buoys in Berteussen, the use of DAS in seismic surveys from Den Boer and the knowledge from Hemphill that fiber optic cables are flexible and can be anchored to various buoys in order to mark the location of the cable as well as record and transmit the data as well as avoid obstacles on the sea floor.
Regarding claim 14, Xia teaches a. a fibre optic sensing cable for sensing seismic waves, ….. the fibre optic sensing cable being arranged on the seabed[Fig 1, 2; 0021, 0023 0028 has fibre optic cable on the seabed] the fiber optic sensing cable being suitable for use on the seabed[Fig 1, 2; 0021, 0023 0028 has fibre optic cable on the seabed]…..
and b. an instrument floating structure comprising at least some instrumentation for use in the acquisition of seismic data, the instrument floating structure being connected to the fibre optic sensing cable via a riser cable[Fig 2, 0028 has floating structure and interrogator to detect light and can be connected to the fiber by riser];
wherein the fibre optic sensing cable is a continuous unbranched cable [0002, 0054 has the fiber optic cable being continuous. 0021 has a single continuous fiber]…..
and wherein the riser cable comprises a signal-transmitting cable and a mooring cable, and the instrument floating structure is connected to an anchor via the mooring cable. [Fig 2 has riser/subsea conduit #62 which contains the signal cable #50 and is attached to the floating platform #62 by means of the wellhead #32 which is anchored on the seafloor. Moreover the knowledge of anchors and fastening is well known in the art]
the method comprising: a. deploying the sensing cable from a vessel[Fig 2, shows a vessel 0016 considers vessels namely platforms, semi-subs, drill shops etc];
and b. connecting the instrument floating structure via the riser cable to the sensing cable. [Fig 2, 0028 has floating structure connected to the fiber by riser] …
Xia implies does not explicitly teach wherein the fibre optic sensing cable is sufficiently flexible such that it can be arranged in a curved pattern on the seabed covering a geological structure to be surveyed, ….. curved over the geological structure to be surveyed….. wherein the instrument floating structure comprises a buoyant body carrying instrumentation for acquiring seismic data, wherein the instrument floating structure is considerably smaller than a typical boat and simply provides a float or buoyant platform or container on and/or in which the instrumentation for performing a seismic survey or acquiring seismic data is provided; [Fig 2 has a floating structure namely the platform #62 which has the instrumentation #52, #54 implying it is a buoyant body] ….. disconnecting the vessel from the DAS system and the instrument floating structure such that the vessel is free to move around the sea surface relative to the sensing cable and the instrument floating structure.
Berteussen teaches wherein the sensing cable has been deployed from the vessel[Claims 1 and fig 3A and 3B show deployment via vessel and leaving the cable] ….. instrument floating structure comprises a buoyant body carrying instrumentation for acquiring seismic data. [Fig 1; Page 2, Lines 10-20, Page 6, Lines 15 30 has buoys connected to the cable which containing and carrying instruments for acquiring, recording and transmitting seismic data]….. deploying the sensing cable from a vessel….. disconnecting the vessel from the DAS system and the instrument floating structure such that the vessel is free to move around the sea surface relative to the sensing cable and the instrument floating structure [Claims 1 and fig 3A and 3B show deployment via vessel and leaving the cable and buoy with the instruments]
Hemphill teaches wherein the fibre optic sensing cable is sufficiently flexible such that it can be arranged in a curved pattern on the seabed covering a geological structure to be surveyed[Fig 5 has fiber optic cable #112 along the seafloor; 0039-0040] ….. curved over the geological structure to be surveyed ….. wherein the instrument floating structure comprises a buoyant body carrying instrumentation for acquiring seismic data[Fig 5 has instrument control systems #100; 0038-0041], wherein the instrument floating structure is considerably smaller than a typical boat and simply provides a float or buoyant platform or container on and/or in which the instrumentation for performing a seismic survey or acquiring seismic data is provided [Fig 5 has instrument control systems #100; 0038-0041 show it is a buoy smaller than a boat]
and wherein the riser cable comprises a signal-transmitting cable and a mooring cable, and the instrument floating structure is connected to an anchor via the mooring cable. [Fig 5 has cable with anchor #116 on the seafloor]
Deploying the sensing cable from a vessel disconnecting the vessel ….. disconnecting the vessel from the DAS system and the instrument floating structure such that the vessel is free to move around the sea surface relative to the sensing cable and the instrument floating structure.[Fig 7 has boats #110 and ROV #111; 0042 has deployment and leaving buoy]
Den Boer also teaches having DAS cables on the seafloor for seismic surveys[0003-0004, 0055, 0081 has DAS systems deployed on the seabed]
It would have been obvious to one of ordinary skill in the art before the filing date to have modified the optical fiber in Xia with the buoys in Berteussen, the use of DAS in seismic surveys from Den Boer and the knowledge from Hemphill that fiber optic cables are flexible and can be anchored to various buoys in order to mark the location of the cable as well as record and transmit the data as well as avoid obstacles on the sea floor.
Regarding claim 2, Xia, as modified, teaches wherein the sensing cable comprises: a. a sensing part[#120 in Fig 3, 0029 has wave guide; 0053 shows sensing]; and b. one or more protective layers arranged around the sensing part. [#124 or #126 or #134 are protective. See also 0029, 0048, Claim 1].
Regarding claim 3, Xia, as modified, teaches wherein the sensing part comprises a glass fibre part, the glass fibre part preferably consisting of a single glass fibre strand. [#120 in Fig 3; 0037 has optical waveguide being a single glass fiber, 1.e. silicon dioxide] .
Regarding claim 8, Xia, as modified, teaches wherein the sensing cable has sufficient density that it will sink down to a seabed. [Fig 1, 2 has cable going down to sea floor].
Regarding claim 9, Xia, as modified, teaches wherein the at least some instrumentation for use in the acquisition of seismic data comprises a receiver for receiving a signal to begin a seismic survey. [0021 has interrogator to detect light].
Regarding claim 12, Xia docs not explicitly teach the DAS system further comprising one or more buoys, the buoys being connected to the sensing cable via one or more connecting member.
Berteussen teaches that the system further comprising one or more buoys, the buoys being connected to the sensing cable via one or more connecting member. [Fig 1; Page 2, Lines 10-20, Page 6, Lines 15-20 has buoys connected to the cable]
It would have been obvious to one of ordinary skill in the art before the filing date to have modified the optical fiber in Xia with the buoys in Berteussen in order to mark the location of the cable.
Regarding claim 16, Xia does not explicitly teach wherein one or more buoys are connected to the sensing cable, preferably as the sensing cable is deployed.
Berteussen teaches wherein one or more buoys are connected to the sensing cable, preferably as the sensing cable is deployed. [Fig 1; Page 2, Lines 10-20, Page 6, Lines 15-20 has buoys connected to the cable]
It would have been obvious to one of ordinary skill in the art before the filing date to have modified the optical fiber in Xia with the buoys in Berteussen in order to mark the location of the cable.
Regarding claim 17, Xia, as modified, teaches determining the position of the deployed sensing cable. [0051 has system able to determine positions along the cable].
Regarding claim 18, Xia, as modified, teaches ….. b. detecting reflected seismic waves and/or pulses with the sensing cable. [0002 has detection of seismic waves with the cable]
Xia does not explicitly teach a. emitting seismic waves and/or pulses from a seismic source].
Berteussen teaches a. emitting seismic waves and/or pulses from a seismic source; and[Abstract, Claim 1 has generation of seismic source] b. detecting reflected seismic waves and/or pulses with the sensing cable. [Claim 1 has detection of seismic waves with the cable]
It would have been obvious to one of ordinary skill in the art before the filing date to have modified the optical fiber in Xia with the use a seismic source in Berteussen in order to generate pulses for the survey.
Regarding claim 19, Xia, as modified, teaches that recording seismic data representing the detected seismic waves with or at the instrument floating structure. [0051 has recording of data]
Regarding claim 20, Xia, as modified, teaches receiving a signal at the instrument floating structure, the signal comprising instructions to start a seismic survey. [0021 has interrogator to detect light]
Regarding claim 21, Xia, as modified, teaches gathering or retrieving into the vessel the instrument floating structure [0016 has deployment offshore and on drill ships meaning it will be retrieved]
Xia does not explicitly teach one or more buoys connected to the sensing cable via one or more connection means.
Berteussen teaches that gathering or retrieving the instrument floating structure and/or one or more buoys connected to the sensing cable via one or more connection means. [Page 1; Lines 10-30 has retrieval of buoys].
It would have been obvious to one of ordinary skill in the art before the filing date to have modified the optical fiber in Xia with the buoys in Berteussen in order to easily retrieve the cable.
Regarding claim 28, Xia as modified, teaches wherein the signal-transmitting cable is threaded through the mooring cable inside an outercasing[C 16 has optical cable inside casing string meaning it is inside an outer casing]
Regarding claim 29, Xia as modified, teaches wherein the signal-transmitting cable is attached to the mooring cable at a plurality of locations along a length of the mooring cable. [0021- 0023 has multiple cables #50 attached or carrying interior to the casing meaning it is attached to something to plurality of locations on the mooring cable]
Regarding claim 30, Xia as modified, teaches wherein the signal-transmitting cable is threaded through apertures provided on or otherwise connected to the mooring cable [0021 -0023 and 0028 have cables in various parts of the wellbore carried through the tubing string and in contact with the formation as well meaning it is connected to the mooring cable]
Regarding claim 31, Xia as modified, teaches wherein the mooring cable is stronger than the signal-transmitting cable.[0021-0023 and 0028 have cables in various parts of the wellbore carried through the tubing string and it is well understood that a cemented drill string would be stronger than a fiber optic cable]
Regarding claim 32, Xia as modified, teaches wherein the mooring cable is arranged such that it experiences a greater load or strain than the signal-transmitting cable. [0021-0023 and 0028 have cables in various parts of the wellbore carried through the tubing string and it is well understood that a cemented drill string would be stronger than a fiber optic cable]
Regarding claim 34, Xia as modified, teaches wherein the riser cable is stronger than the signal-transmitting cable. [Fig 2 and 0021-0023 and 0028 have cables in various parts of the wellbore carried through the tubing/casing/riser and itis well understood that a drill string would be stronger than a fiber optic cable]
Regarding claim 35, Xia does not explicitly teach wherein the signal-transmitting cable and the mooring cable are provided in or in the form of a single cable.
Berteussen teaches wherein the signal-transmitting cable and the mooring cable are provided in or in the form of a single cable. [Fig 1; Page 2, Lines 10-20, has buoy connected to a single cable #12 is both mooring and having the transmitting cable]
It would have been obvious to one of ordinary skill in the art before the filing date to have modified the optical fiber in Xia with the mooring cable in Berteussen in order to have a single cable moor as well as transmit the data.
Regarding claims 37 and 39, Xia does not explicitly teach wherein a seismic source is provided on or attached to the vessel.
Berteussen teaches that wherein a seismic source is provided on or attached to the vessel.[Fig 3C has seismic source #19 on vessel; See also page 8].
It would have been obvious to one of ordinary skill in the art before the filing date to have modified the survey system of Xia with the seismic source of Berteussen in order to deploy the source from the vessel at various locations.
Regarding claim 38, Xia as modified, teaches the method further comprising the vessel bringing the DAS system to an area of interest in which the DAS system is intended to be installed, wherein the area of interest is above the geological structure to be surveyed [Fig 2, shows a vessel in the area under drilling meaning arca of interest].
Berteussen also teaches that the method further comprising the vessel bringing the DAS system to an arca of interest in which the DAS system is intended to be installed, wherein the area of interest is above the geological structure to be surveyed. [Figs 3A-DJ.
Regarding claim 40, Xia docs not explicitly teach wherein the vessel travels around over the geological structure to be surveyed when emitting seismic waves and/or pluses from the seismic source.
Berteussen teaches that wherein the vessel travels around over the geological structure to be surveyed when emitting seismic waves and/or pluses from the seismic source. [Fig 3C has seismic source #19 on vessel; See also page 8].
It would have been obvious to one of ordinary skill in the art before the filing date to have modified the survey system of Xia with the seismic source of Berteussen in order to deploy the source from the vessel at various locations
Claims 4-6 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Xia(US 20170260848 A1) in view of Berteussen (WO 9807050 A1) and Hemphill (US 20180252065 A1) as applied to claims 2 and 14 above, and further in view of Lagakos (US 5633960 A).
Regarding claim 4, Xia does not explicitly teach wherein the protective layer has a lower elastic modulus than the sensing part.
Lagakos teaches that wherein the protective layer has a lower elastic modulus than the sensing part. [Abstract has stress preventing layer which has low modulus between core and protective layer and Col 10, Lines 10-40 show protective layer has modulus equal to core meaning the stress preventing layer reads on the claim of having lower modulus than core]
It would have been obvious to one of ordinary skill in the art before the filing date to have modified the optical fiber in Xia with the stress preventing layer with a lower clastic modulus in order to prevent stress from being transferred to the center portion [Claim 5]
Moreover it would have been obvious to one having ordinary skill in the art to have modified the fiber to have a lower stress modulus in a protective layer, since it has been held that where routine testing and general experimental conditions are present, discovering the optimum or workable ranges until the desired effect is achieved involves only routine skill in the art.
Regarding claim 5, Xia, as modified, teaches wherein the protective layer:….. b. adheres or is adhered to the sensing part.[Fig 3, 0029 has layers encasing waveguide].
Xia does not explicitly teach a. comprises a silicone layer.
Lagakos teaches that a. comprises a silicone layer;[Col 10, Lines 15-20 have silicone layer].
It would have been obvious to one of ordinary skill in the art before the filing date to have modified the optical fiber in Xia with the silicone layer in order to protect the core.
Moreover it would have been obvious to one having ordinary skill in the art at the time the invention was made to use silicone, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding claim 6, Xia, as modified, teaches wherein the one or more protective layers comprise an inner protective layer and an outer protective layer, the inner protective layer being arranged between the sensing part and the outer protective layer, and the outer layer [Fig 6 shows multiple layers with #124b, #126, #136]: ….. and/or b. is made of high density polypropylene or high density polyethylene. [0039 has polyethers for making protective sheath #126].
Xia does not explicitly teach a. has greater tensile strength and/or weight and/or density than the sensing part and/or the inner protective layer;
Lagakos teaches that a. has greater tensile strength and/or weight and/or density than the sensing part and/or the inner protective layer[ Abstract has stress preventing layer which has low modulus between core and protective layer and Col 10, Lines 10-40 show protective layer is made of stiff material such as hard plastic or aluminum meaning it has higher strength/weight/density ];
and/or b. is made of high density polypropylene or high density polyethylene [poly propylene and polyethylene are known hard plastics].
It would have been obvious to one of ordinary skill in the art before the filing date to have modified the optical fiber in Xia with the high strength materials in Lagakos in order to protect the core.
Moreover it would have been obvious to one having ordinary skill in the art to have modified the protective layer to be stronger, since it has been held that where routine testing and general experimental conditions are present, discovering the optimum or workable ranges until the desired effect is achieved involves only routine skill in the art.
Moreover it would have been obvious to one having ordinary skill in the art at the time the invention was made to use polypropylene or polyethylene, since it has been held to be within the general skill of a worker in the art to selecta known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding claim 15, Xia does not explicitly teach wherein the system is deployed such that the sensing cable is arranged in such a way that signal interference is minimized or avoided.
Lagakos teaches that wherein the system is deployed such that the sensing cable is arranged in such a way that signal interference is minimized or avoided. [Col 20, Lines 35-40 has reducing signal interference]
It would have been obvious to one of ordinary skill in the art before the filing date to have modified the optical fiber in Xia with the dielectric parts in Lagakos in order reduce interference.
Moreover it would have been obvious to one having ordinary skill in the art to have optimize the cable to minimize interference, since it has been held that where routine testing and general experimental conditions are present, discovering the optimum or workable ranges until the desired effect is achieved involves only routine skill in the art.
Claim 7 are rejected under 35 U.S.C. 103 as being unpatentable over Xia(US 20170260848 A1) in view of Berteussen (WO 9807050 A1) and Hemphill (US 20180252065 A1) and further evidenced by Den Boer (US 20160377476 A1) as applied to claim 2 above, and further in view of Hanssen (WO 2020117064 A1).
Regarding claim 7, Xia, as modified, teaches ….. b. arranged to prevent water from contacting the sensing part when arranged underwater for at least one day or at least one week [Fig 1, 2; 0021, 0023 0028 has fibre optic cable suitable for the seabed. Fig 0029 has protective sheath meaning it is made to protect the sensing part from water],…
Hanssen teaches that wherein one or more of the one or more protective layers and/or an outer layer is/are: a. biodegradable; and/or c. arranged to biodegrade or decompose when underwater for longer than one day or one week. [Page 16; Lines 10-25 have biodegradable materials used in seafloor data]
It would have been obvious to one of ordinary skill in the art before the filing date to have modified the optical fiber in Xia with the biodegradable material in Hanssen in order reduce traces on the seafloor.
Moreover it would have been obvious to one having ordinary skill in the art at the time the invention was made to use biodegradable materials that last for a particular time, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Claim 33 is rejected under 35 U.S.C. 103 as being unpatentable over Xia(US 20170260848 A1) in view of Berteussen (WO 9807050 A1) and Hemphill (US 20180252065 A1) and further evidenced by Den Boer (US 20160377476 A1) as applied to claim 1 above, and further in view of Meyer (US 4283778 A).
Regarding claim 33, Xia does not explicitly teach wherein the mooring part is longer than the signal-transmitting cable and the extra length of the mooring part is provided in the form of a pig-tail.
Meyer teaches that wherein the mooring part is longer than the signal-transmitting cable and the extra length of the mooring part is provided in the form of a pig-tail. Abstract; Claim 1 has pig tails in the cable]
It would have been obvious to one of ordinary skill in the art before the filing date to have modified the cable in Xia with the pig tail of Meyer in order to have group connections from the cable. Moreover the concept of extra length cable being looped up in a pigtail would be an obvious matter of design choice.
Response to Arguments
Applicant's arguments filed 12/08/2026 have been fully considered but they are not persuasive.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Specifically on pages 1-3 of the remarks applicant argues the issue concerning the use of a vessel for deployment and disconnection from the DAS. Applicant also argues having flexible cables in a curved pattern over a geological structure. Applicant is reading the prior art overly narrowly. It is the combination of the use of DAS cables in Xia for seismic applications combined with the vessel of Hemphill or Berteussen that renders the claim obvious as it is the combination of the references that renders the claim obvious since Hemphill teaches deployment by a vessel that disconnects from the DAS system and instrument panel and a vessel is able to move relative to the cable and instruments as being obvious.
Applicant's remaining arguments amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references. Rejections are maintained – and no allowable subject matter can be identified at this time.
Conclusion
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/VIKAS ATMAKURI/Examiner, Art Unit 3645
/JAMES R HULKA/Primary Examiner, Art Unit 3645