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 .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 8 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim recites the steps of receiving, outputting, and detecting, which are all interpreted as steps that may be practically performed by a human mind, i.e. observation, evaluation, judgement, and/or opinion. This judicial exception is not integrated into a practical application because the additional step of “by an information acquisition unit” does not define the “information acquisition unit” to be more than generic elements that add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on an “information acquisition unit”. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the steps of receiving, outputting, and detecting are well-understood, routine, conventional computer functions as recognized by the court decisions listed in MPEP § 2106.05(d). The Examiner further notes that although the step of “receiving” further recites an optical signal including a pattern in accordance with environment information applied to the optical fiber, environment information includes, for example, vibrations (see Applicant’s specification, Paragraph [0019]). Therefore, the environment information, as currently claimed, can be determined by merely observing the received optical signal for a pattern consistent with the environment information, e.g. with vibrations.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim 8 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Goldner et al. (U.S. 2016/0011301 A1).
Claim 8, Goldner teaches:
An environment information acquisition method performed by an environment information acquisition apparatus (Goldner, Fig. 1), the environment information acquisition method comprising:
a step of receiving, by an information acquisition unit (Goldner, Fig. 1: 102), from an optical fiber (Goldner, Fig. 1: 104), an optical signal (Goldner, Paragraph [0020], The backscatter interrogator 102 receives backscatter optical signals from array 105.) including a pattern in accordance with environment information applied to the optical fiber and acquiring the environment information based on the optical signal (Goldner, Paragraphs [0024-0025], In the example implementation of Fig. 2, which is similar to the process described in Fig. 1, the backscattered signals from sensor array 205 is received by the backscatter interrogator 202 as a series of optical pulses. The intensity of the scattered light in each transducer T1, T2, T3 of each sensor 206 may be changed based on perturbations to the optical fiber. The variations in optical pulses are equivalent to patterns in accordance with the perturbations, i.e. environment information.);
a step of outputting measurement data representing the environment information to outside (Goldner, Paragraph [0020], The backscattered signal to the backscatter interrogator 102 is representative of outputting measurement data to the outside. In the example of Fig. 2, backscatter interrogator 202 is outside relative to the sensory array 205.); and
a step of detecting vibration or sound applied to the information acquisition unit (Goldner, Paragraph [0007], The fiber optic sensor arrays include at least one fiber optic transducer for sensing a time varying physical quantity including vibration, e.g. sound. The sensed vibration, in the example of Fig. 2, is reflected in the backscattered signals transmitted back to backscatter interrogator 202 (see Goldner, Paragraphs [0022-0024]).).
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 1-5, 7, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Goldner et al. (U.S. 2016/0011301 A1).
Claim 1, Goldner teaches:
An environment information acquisition apparatus (Goldner, Fig. 1) comprising:
at least instructions (Goldner, Paragraph [0019], Noise may be effectively eliminated via software.);
the environment information acquisition apparatus to
receive, by an information acquisition unit (Goldner, Fig. 1: 102), from an optical fiber (Goldner, Fig. 1: 104), an optical signal (Goldner, Paragraph [0020], The backscatter interrogator 102 receives backscatter optical signals from array 105.) including a pattern in accordance with environment information applied to the optical fiber and acquire the environment information based on the optical signal (Goldner, Paragraphs [0024-0025], In the example implementation of Fig. 2, which is similar to the process described in Fig. 1, the backscattered signals from sensor array 205 is received by the backscatter interrogator 202 as a series of optical pulses. The intensity of the scattered light in each transducer T1, T2, T3 of each sensor 206 may be changed based on perturbations to the optical fiber. The variations in optical pulses are equivalent to patterns in accordance with the perturbations, i.e. environment information.);
output measurement data representing the environment information to outside (Goldner, Paragraph [0020], The backscattered signal to the backscatter interrogator 102 is representative of outputting measurement data to the outside. In the example of Fig. 2, backscatter interrogator 202 is outside relative to the sensory array 205.); and
detect vibration or sound applied to the information acquisition unit (Goldner, Paragraph [0007], The fiber optic sensor arrays include at least one fiber optic transducer for sensing a time varying physical quantity including vibration, e.g. sound. The sensed vibration, in the example of Fig. 2, is reflected in the backscattered signals transmitted back to backscatter interrogator 202 (see Goldner, Paragraphs [0022-0024]).).
Goldner does not explicitly teach:
At least one memory storing instructions; and
at least one processor configured to execute the instructions.
However, it would have been obvious to one of ordinary skill in the art, at the time of filing, for the interrogator and sensors to have at least one memory for storing said software (see Goldner, Paragraph [0019]) and at least one processor for performing said processing (see Goldner, Paragraph [0020]). Such a modification would not change the principal operation of the system, as a whole, and would yield predictable results.
Claim 2, Goldner further teaches:
The environment information acquisition apparatus according to claim 1, wherein when application of vibration or sound to the information acquisition unit is detected, the at least one processor is further configured to execute the instructions to add, to the measurement data, information about the vibration or sound to the information acquisition unit (Goldner, Paragraph [0020], The received optical pulses are processed and interpreted by the interrogator 102, wherein the optical pulses are influenced by motion, vibration, etc. (see Goldner, Paragraph [0022]). Therefore, the result of the processing and interpretation by the interrogator 102 is functionally equivalent to adding information about the vibration or sound because the result is applicable to a specific implementation of a plurality of different implementations. For example, the result of the processing and interpretation of optical pulses in an earth motion sensing application (see Goldner, Paragraph [0032]) would include a result specifically related to earth motion. Examples include vertical seismic profiling, subsurface mapping, microseismic profiling, cross well imaging, microseismic event mapping, reservoir monitoring, steam flow monitoring, enhanced geothermal recovery, and gas migration.).
Claim 3, Goldner further teaches:
The environment information acquisition apparatus according to claim 1, further comprising a vibration sensor configured to detect vibration applied to the information acquisition unit (Goldner, Paragraph [0022], In the example of Fig. 2, each sensor includes a plurality of transducers T1, T2, T3 which may be adapted to sense motion, vibration, etc.), wherein the at least one processor is further configured to execute the instructions to detect vibration applied to the information acquisition unit based on an output from the vibration sensor (Goldner, Paragraph [0020], The received optical pulses are processed and interpreted by the interrogator 102, wherein the optical pulses are influenced by motion, vibration, etc. (see Goldner, Paragraph [0022]). Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, for the result of the processing and interpretation by the interrogator to include the vibrations sensed by the sensors.).
Claim 4, Goldner further teaches:
The environment information acquisition apparatus according to claim 1, further comprising a sound sensor configured to detect sound applied to the information acquisition unit (Goldner, Paragraph [0022], In the example of Fig. 2, each sensor includes a plurality of transducers T1, T2, T3 which may be adapted to sense motion, vibration, etc., wherein vibration includes sound (see Goldner, Paragraph [0007]).), wherein the at least one processor is further configured to execute the instructions to detect sound applied to the information acquisition unit based on an output from the sound sensor (Goldner, Paragraph [0020], The received optical pulses are processed and interpreted by the interrogator 102, wherein the optical pulses are influenced by motion, vibration, etc. (see Goldner, Paragraph [0022]). Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, for the result of the processing and interpretation by the interrogator to include the vibrations sensed by the sensors.).
Claim 5, Goldner further teaches:
The environment information acquisition apparatus according to claim 1,wherein the at least one processor is further configured to execute the instructions to detect vibration or sound applied to the information acquisition unit (Goldner, Paragraph [0022], In the example of Fig. 2, each sensor includes a plurality of transducers T1, T2, T3 which may be adapted to sense motion, vibration, etc., wherein vibration includes sound (see Goldner, Paragraph [0007]).) based on whether the measurement data includes a pattern that characteristically appears when vibration or sound is applied to the information acquisition unit (Goldner, Paragraphs [0024-0025], In the example implementation of Fig. 2, which is similar to the process described in Fig. 1, the backscattered signals from sensor array 205 is received by the backscatter interrogator 202 as a series of optical pulses. The intensity of the scattered light in each transducer T1, T2, T3 of each sensor 206 may be changed based on perturbations to the optical fiber. The variations in optical pulses are equivalent to patterns in accordance with the perturbations, i.e. environment information.).
Claim 7, Goldner further teaches:
The environment information acquisition apparatus according to claim 1, wherein the at least one processor is further configured to execute the instructions to receive, by the information acquisition unit, Rayleigh scattering reflected light as the optical signal and acquires the environment information by optical fiber sensing using the Rayleigh scattering reflected light (Goldner, Paragraphs [0020] and [0022], The steps of transmitting interrogating optical signals and receiving backscattered optical signals are performed using a Rayleigh backscatter interrogator.).
Claim 9, Goldner teaches:
An environment information acquisition apparatus (Goldner, Fig. 1) to execute:
a procedure of receiving, by an information acquisition unit (Goldner, Fig. 1: 102), from an optical fiber (Goldner, Fig. 1: 104), an optical signal (Goldner, Paragraph [0020], The backscatter interrogator 102 receives backscatter optical signals from array 105.) including a pattern in accordance with environment information applied to the optical fiber and acquiring the environment information based on the optical signal (Goldner, Paragraphs [0024-0025], In the example implementation of Fig. 2, which is similar to the process described in Fig. 1, the backscattered signals from sensor array 205 is received by the backscatter interrogator 202 as a series of optical pulses. The intensity of the scattered light in each transducer T1, T2, T3 of each sensor 206 may be changed based on perturbations to the optical fiber. The variations in optical pulses are equivalent to patterns in accordance with the perturbations, i.e. environment information.);
a procedure of outputting measurement data representing the environment information to outside (Goldner, Paragraph [0020], The backscattered signal to the backscatter interrogator 102 is representative of outputting measurement data to the outside. In the example of Fig. 2, backscatter interrogator 202 is outside relative to the sensory array 205.); and
a procedure of detecting vibration or sound applied to the information acquisition unit (Goldner, Paragraph [0007], The fiber optic sensor arrays include at least one fiber optic transducer for sensing a time varying physical quantity including vibration, e.g. sound. The sensed vibration, in the example of Fig. 2, is reflected in the backscattered signals transmitted back to backscatter interrogator 202 (see Goldner, Paragraphs [0022-0024]).).
Goldner does not explicitly teach:
A non-transitory computer-readable medium storing a program for causing a computer to execute
However, it would have been obvious to one of ordinary skill in the art, at the time of filing, for the interrogator and sensors to have at least one memory for storing said software (see Goldner, Paragraph [0019]) and at least one processor for performing said processing (see Goldner, Paragraph [0020]). Such a modification would not change the principal operation of the system, as a whole, and would yield predictable results.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Goldner et al. (U.S. 2016/0011301 A1) in view of Kachi (U.S. 2012/0078520 A1).
Claim 6, Goldner further teaches:
The environment information acquisition apparatus according to claim 1,
further comprising a sensor configured to detect vibration or sound applied to the information acquisition unit and detects unit (Goldner, Paragraph [0022], In the example of Fig. 2, each sensor includes a plurality of transducers T1, T2, T3 which may be adapted to sense motion, vibration, etc., wherein vibration includes sound (see Goldner, Paragraph [0007]).), wherein
the at least one processor is further configured to execute the instructions to detect vibration or sound applied to the information acquisition unit based on an output from the sensor (Goldner, Paragraphs [0024-0025], In the example implementation of Fig. 2, which is similar to the process described in Fig. 1, the backscattered signals from sensor array 205 is received by the backscatter interrogator 202 as a series of optical pulses. The intensity of the scattered light in each transducer T1, T2, T3 of each sensor 206 may be changed based on perturbations to the optical fiber. The variations in optical pulses are equivalent to patterns in accordance with the perturbations, i.e. environment information.),
determine in advance a correlation between an output from the sensor and perturbations that appears in the measurement data when vibration or sound is applied to the information acquisition unit (Goldner, Paragraph [0025]).
Goldner does not specifically teach:
Determine in advance a correlation between an output from the sensor and a waveform that appears in the measurement data when vibration or sound is applied to the information acquisition unit, and
when application of vibration or sound to the information acquisition unit is detected, perform processing of removing influence of the vibration or sound applied to the information acquisition unit from the measurement data based on an output from the sensor and the correlation.
Kachi teaches:
Determine in advance a correlation between an output from the sensor and a waveform that appears in the measurement data when vibration or sound is applied to the information acquisition unit (Kachi, Paragraphs [0053-0056], When vibrations are detected, the electric noise filter 7 and living noise filter 8 determine which vibration waveforms are to be filtered and which vibration waveforms need to be outputted to an earthquake waveform analysis portion 9.), and
when application of vibration or sound to the information acquisition unit is detected, perform processing of removing influence of the vibration or sound applied to the information acquisition unit from the measurement data based on an output from the sensor and the correlation (Kachi, Paragraphs [0053-0056], Based on the determined vibrations, either the electric noise filter 7 or the living noise filter 8 will filter out certain vibrations from being analyzed.).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify the system in Goldner by integrating the teaching of filters, as taught by Kachi.
The motivation would be to improve vibration detection accuracy by filtering potential sources of noise (see Kachi, Paragraph [0054]). In the example of earthquake detection, false positive, i.e. false emergencies, can be reduced (see Kachi, Paragraph [0104]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES J YANG whose telephone number is (571)270-5170. The examiner can normally be reached 9:30am-6:00p M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BRIAN ZIMMERMAN can be reached at (571) 272-3059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JAMES J YANG/ Primary Examiner, Art Unit 2686