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 .
This Office Action is in response to Applicant’s amendment filed 06/15/2026. Claims 1-9 are currently pending in this application.
Claim Rejections - 35 USC § 101
Applicant’s amendment to claim 8 overcomes the previous rejection under 35 U.S.C. 101. The rejection is hereby withdrawn.
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 and 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Goldner et al. (U.S. 2016/0011301 A1) in view of Speicher et al. (U.S. 2019/0174208 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 interrogator (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 (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.);
acquire the environment information based on the received 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.) by using distributed acoustic sensing (Goldner, Fig. 2: 206, Paragraph [0025], The term “distributed acoustic sensing” is interpreted as distributing acoustic sensing capabilities over a plurality of sensors, e.g. sensors 206 labeled as sensor 1 to sensor n.) to obtain measurement data representing the acquired environment information (Goldner, Paragraphs [0024-0025], An example of measurement data is the perturbations to the optical fiber that change the intensity of the scattered light. The measurement data is used to determine, for example, earth motion (see Goldner, Paragraph [0032]).);
detect vibration or sound applied to the interrogator (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;
at least one processor configured to execute the instructions;
determine a reliability of the acquired environment information using the detected vibration or sound;
add a mark representing the determined reliability of the acquired environment information to the measurement data representing the environment information; and
output the measurement data representing the environment information and the added mark representing the determined reliability of the acquired environment information.
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.
Speicher teaches:
Determine a reliability of the acquired environment information and add a mark representing the determined reliability of the acquired environment information to the measurement data representing the environment information (Speicher, Paragraph [0353], The system calculates a level of confidence, i.e. a mark representing the determined reliability, of models including a predictive earthquake analysis model.); and
output the measurement data representing the environment information and the added mark representing the determined reliability of the acquired environment information (Speicher, Paragraph [0353], Trend data is displayed and data outputs are able to plugin to incident command software programs. It would have been obvious to one of ordinary skill in the art, at the time of filing, for the displayed data and the data outputs to include both the data from predictive earthquake analysis models and the calculated level of confidence, i.e. the measurement data and the mark, respectively.).
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 predictive models, as taught by Speicher.
The motivation would be to implement risk assessment for determining the best course of action, e.g. protective action decisions and/or shelter/evacuation decisions (see Speicher, Paragraph [0354]).
Claim 2, Goldner in view of Speicher further teaches:
The environment information acquisition apparatus according to claim 1, wherein the at least one processor is further configured to, in a case where application of vibration or sound to the interrogator is detected, execute the instructions to add, to the measurement data, information about the vibration or sound to the interrogator (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 in view of Speicher further teaches:
The environment information acquisition apparatus according to claim 1, further comprising a vibration sensor configured to detect vibration applied to the interrogator (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 interrogator 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 in view of Speicher further teaches:
The environment information acquisition apparatus according to claim 1, further comprising a sound sensor configured to detect sound applied to the interrogator (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 interrogator 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 in view of Speicher 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 interrogator (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 interrogator (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 in view of Speicher 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 interrogator, Rayleigh scattering reflected light as the optical signal and acquire 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 8, Goldner teaches:
An environment information acquisition method performed by an environment information acquisition apparatus (Goldner, Fig. 1), the environment information acquisition method comprising:
receiving, by an interrogator (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.);
acquiring the environment information based on the received 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.) by using distributed acoustic sensing (Goldner, Fig. 2: 206, Paragraph [0025], The term “distributed acoustic sensing” is interpreted as distributing acoustic sensing capabilities over a plurality of sensors, e.g. sensors 206 labeled as sensor 1 to sensor n.) to obtain measurement data representing the acquired environment information (Goldner, Paragraphs [0024-0025], An example of measurement data is the perturbations to the optical fiber that change the intensity of the scattered light. The measurement data is used to determine, for example, earth motion (see Goldner, Paragraph [0032]).);
detecting vibration or sound applied to the interrogator (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 processor;
determining, by the at least one processor, a reliability of the acquired environment information using the detected vibration or sound;
adding, by the at least one processor, a mark representing the determined reliability of the acquired environment information to the measurement data representing the environment information; and
outputting, by the at least one processor, the measurement data representing the environment information and the added mark representing the determined reliability of the acquired environment information.
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.
Speicher teaches:
Determine a reliability of the acquired environment information and add a mark representing the determined reliability of the acquired environment information to the measurement data representing the environment information (Speicher, Paragraph [0353], The system calculates a level of confidence, i.e. a mark representing the determined reliability, of models including a predictive earthquake analysis model.); and
output the measurement data representing the environment information and the added mark representing the determined reliability of the acquired environment information (Speicher, Paragraph [0353], Trend data is displayed and data outputs are able to plugin to incident command software programs. It would have been obvious to one of ordinary skill in the art, at the time of filing, for the displayed data and the data outputs to include both the data from predictive earthquake analysis models and the calculated level of confidence, i.e. the measurement data and the mark, respectively.).
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 predictive models, as taught by Speicher.
The motivation would be to implement risk assessment for determining the best course of action, e.g. protective action decisions and/or shelter/evacuation decisions (see Speicher, Paragraph [0354]).
Claim 9, Goldner teaches:
An environment information acquisition apparatus (Goldner, Fig. 1) to execute:
receiving, by an interrogator (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.);
acquiring, by the at least one processor, the environment information based on the received 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.) by using distributed acoustic sensing (Goldner, Fig. 2: 206, Paragraph [0025], The term “distributed acoustic sensing” is interpreted as distributing acoustic sensing capabilities over a plurality of sensors, e.g. sensors 206 labeled as sensor 1 to sensor n.) to obtain measurement data representing the acquired environment information (Goldner, Paragraphs [0024-0025], An example of measurement data is the perturbations to the optical fiber that change the intensity of the scattered light. The measurement data is used to determine, for example, earth motion (see Goldner, Paragraph [0032]).);
detecting vibration or sound applied to the interrogator (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 and at least one processor;
determining, by the at least one processor, a reliability of the acquired environment information using the detected vibration or sound;
adding, by the at least one processor, a mark representing the determined reliability of the acquired environment information to the measurement data representing the environment information; and
outputting, by the at least one processor, the measurement data representing the environment information and the added mark representing the determined reliability of the acquired environment information.
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.
Speicher teaches:
Determine a reliability of the acquired environment information and add a mark representing the determined reliability of the acquired environment information to the measurement data representing the environment information (Speicher, Paragraph [0353], The system calculates a level of confidence, i.e. a mark representing the determined reliability, of models including a predictive earthquake analysis model.); and
output the measurement data representing the environment information and the added mark representing the determined reliability of the acquired environment information (Speicher, Paragraph [0353], Trend data is displayed and data outputs are able to plugin to incident command software programs. It would have been obvious to one of ordinary skill in the art, at the time of filing, for the displayed data and the data outputs to include both the data from predictive earthquake analysis models and the calculated level of confidence, i.e. the measurement data and the mark, respectively.).
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 predictive models, as taught by Speicher.
The motivation would be to implement risk assessment for determining the best course of action, e.g. protective action decisions and/or shelter/evacuation decisions (see Speicher, Paragraph [0354]).
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 Speicher et al. (U.S. 2019/0174208 A1) in view of Kachi (U.S. 2012/0078520 A1).
Claim 6, Goldner in view of Speicher further teaches:
The environment information acquisition apparatus according to claim 1,
further comprising a sensor configured to detect vibration or sound applied to the interrogator (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 interrogator 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 in a case where vibration or sound is applied to the interrogator (Goldner, Paragraph [0025]).
Goldner in view of Speicher does not specifically teach:
Determine in advance a correlation between an output from the sensor and a waveform that appears in the measurement data in a case where vibration or sound is applied to the interrogator, and
in a case where application of vibration or sound to the interrogator is detected, perform processing of removing influence of the vibration or sound applied to the interrogator 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 in view of Speicher 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]).
Response to Arguments
Applicant's arguments filed 06/15/2026 have been fully considered but they are moot in view of the new grounds of rejection, necessitated by the Applicant’s amendments.
As per the Applicant’s arguments that the cited references fail to teach vibrations applied to the interrogator, the Examiner respectfully disagrees with the interpretation of the claims. It appears that the Applicant intends for the term “applied” to be in reference to vibrations or sound that are experienced and/or sensed by the interrogator outside of the vibrations or sound sensed by the sensor array that may cause detection issues, e.g. noise. In the example of Fig. 2 (see Goldner, Fig. 2, Paragraphs [0022-0023]), the sensed vibrations by the sensors 206 are applied to the interrogator 202 for purposes of determining earth motions (see Goldner, Paragraph [0032]). The claims, as currently presented, do not inherently or explicitly define the claim limitations away from this interpretation. The Examiner further notes, although not relied upon in the rejection above, one of ordinary skill in the art, at the time of filing, would recognize that vibrations and/or sound sensed by sensors 206 could potentially also be experienced by interrogator 202, because interrogator 202 is located adjacent to the sensors 206 (see Goldner, Fig. 2). Goldner, however, does not disclose the ability of the interrogator to sense vibrations or sounds in order to differentiate said vibrations or sounds from the optical backscattered signals from sensors 206.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
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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.
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/JAMES J YANG/ Primary Examiner, Art Unit 2686
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