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 § 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.
Claim(s) 1-4, 6-12 and 14-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication 2015/0063418 to Wysocki et al.
In regards to claims 1, 10, 17 and 21, Wysocki recites a system/method of determining a partial pressure of hydrogen in a volume, comprising (Figure 4): an optical fiber (24); a light source (30) for generating a light at a selected wavelength for propagating through the optical fiber; a light sensor (26 for measuring the light after propagating through the optical fiber; a processor (26) configured to: obtain a calibration signal characteristic along the optical fiber, wherein the calibration signal characteristic is associated with a presence of hydrogen; measure a temperature profile along a section of the optical fiber with the optical fiber disposed in the volume; obtain a measured signal characteristic along the section of the optical fiber with the optical fiber in the volume; and determine the partial pressure of hydrogen in the volume from a comparison of the measured signal characteristic to the calibrated signal characteristic. Although Wysocki does not expressly recite the calibration is in an absence of hydrogen, Wysocki does teach the measured characteristics is through the loss of a signal due to the presence of hydrogen. [0044] Therefore, it would have been obvious before the effective filing date to a person having ordinary skill in the art to have reasonably interpreted the measured calibration to be in the absence of hydrogen since the signal loss is due to the loss of hydrogen.
In regards to claims 2, 3 and 11, Wysocki recites determining the partial pressure of hydrogen from a ratio of a difference of the calibrated signal characteristic and the measured signal characteristic to a proportionality constant relating to signal characteristic to temperature. [0003; known relationship]
In regards to claims 4 and 12, Wysocki recites a borehole, further comprising measuring the temperature profile and measuring the measured signal characteristic at one of: (i) along a continuous length of the borehole; (ii) a single depth in the borehole; and (iii) a plurality of discrete depths in the borehole. [0013-0016]
In regards to claims 6 and 14, Wysocki recites propagating a first light through the optical fiber at a first wavelength and a second light through the optical fiber at a second wavelength and determining a first hydrogen partial pressure based on the first light and a second hydrogen partial pressure based on the second light.
In regards to claims 7 and 15, Wysocki recites measuring the measured signal characteristic using Optical Time Domain Reflectometry (OTDR) and measuring the temperature profile using Distributed Temperature Sensing (DTS). [0014]
In regards to claims 8 and 16, Wysocki recites the volume comprises a borehole, further comprising one of: (i) performing OTDR using a first optical interrogation unit and performing DTS using a second optical interrogation unit; (ii) performing OTDR using a single mode unit and performing DTS using a multimode unit; (iii) performing DTS along a first optical fiber in the borehole and performing OTDR along a second optical fiber in the borehole.
In regards to claim 9, Wysocki recites the signal characteristic is a signal loss.
In regards to claims 18-20, Wysocki recites determining the presence of hydrogen further comprises determining a concentration of hydrogen in the volume from the partial pressure of hydrogen, measuring a temporal response of the optical fiber to the parameter and determining a temporal pattern of the hydrogen concentration in the volume from the temporal response wherein the parameter is one of: (i) temperature of the volume; and (ii) pressure of the volume. [0014-0018]
Allowable Subject Matter
Claims 5 and 13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The prior art of record fails to disclose or reasonably suggest comprises a borehole, further comprising forming a loop in the optical fiber at a selected depth of the borehole and determining the partial pressure of hydrogen at the selected depth using the measured signal characteristic and a temperature at the selected depth obtained from the loop in addition to the accompanying features of the independent claim.
References Cited
The references cited made of record and not relied upon is considered pertinent to applicant’s disclosure. None of the documents cited by the Examiner discloses or reasonably suggests the allowable subject matter discussed above.
The documents submitted by applicant in the Information Disclosure Statement have been considered and made of record. Note attached copy of form PTO-1449. None of the references submitted by Applicant discloses or reasonably suggest the allowable subject matter discussed above.
Inventorship
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TINA M WONG whose telephone number is (571)272-2352. The examiner can normally be reached M-F 8:30-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Uyen-Chau Le can be reached at (571) 272-2397. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TINA WONG/Primary Examiner, Art Unit 2874
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