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.
Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Selvakumar (WO 2021/216711) in view of Iseli (2012/0082002) and Maisons (WO 2008/093169).
With respect to claim 1, Selvakumar teaches a housing including an outer wall, a top part and a bottom part, wherein the outer wall, the top part and the bottom part together define an interior volume of the housing ([0011], line 10); a GPS unit in the housing for processing a time synchronization signal ([0013], lines 1-4); a low power wide area network (LPWAN) unit in the housing for enabling wireless data communication with an external gateway device ([0011], line 8); a sensing probe extending from the bottom part of the housing (Fig 2: spike); a processing unit in the housing and communicatively coupled to the GPS unit and the LPWAN unit ([0016], lines 3-4); a sensor assembly in the housing to sense vibration received via the sensing probe and/or the housing, and to generate output signals to the processing unit ([0014], lines 1-2); and a power source in the housing to supply power to the GPS unit, the LPWAN unit and the processing unit ([0011], lines 8-9).
However, it does not teach a GPS antenna communicatively coupled to the GPS unit and extending from the top part of the housing; a LPWAN antenna communicatively coupled to the LPWAN unit and extending from the top part of the housing; a geophone assembly in the housing to sense vibration received via the sensing probe and/or the housing; the sensor assembly comprises a geophone assembly; and to generate output signals to the processing unit; wherein the processing unit is configured to process the output signals from the geophone assembly to determine an occurrence of a seismic event.
Iseli teaches a GPS antenna communicatively coupled to the GPS unit and extending from the top part of the housing ([0052], lines 10-11; Fig 4: 436); and a radio band antenna communicatively coupled to the radio unit and extending from the top part of the housing ([0049], line 3; Fig 4: 414). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present application to modify the system of Selvakumar with the antennae of Iseli since such a modification would have improved the range and accuracy of the sent and received signal.
Maisons teaches the sensor assembly comprises a geophone assembly ([0017], lines 2-3); and generating output signals to the processing unit ([0039]); wherein the processing unit is configured to process the output signals from the geophone assembly to determine an occurrence of a seismic event ([[0043]; [0047]). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present application to modify the system of Sivakumar with the geophones and signal processing of Maison since such a modification would have used equipment well-known and used in the art and would further allow for reduced memory requirements.
With respect to claim 2, Sivakumar as modified teaches the invention as discussed above. However, it does not teach non-volatile memory storing program code executable by a processor of the processing unit to control operation of the data acquisition unit; and volatile memory to store buffered output signals and output data generated from processed output signals; wherein the processing unit is configured to generate data payloads for transmission to the external gateway device based on the processed output signals in response to determination of a seismic event.
Maisons teaches non-volatile memory storing program code executable by a processor of the processing unit to control operation of the data acquisition unit ([0052], lines 12-13); and volatile memory to store buffered output signals and output data generated from processed output signals ([0052], lines 11-12); wherein the processing unit is configured to generate data payloads for transmission to the external gateway device based on the processed output signals in response to determination of a seismic event ([0047]). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present application to modify the system of Sivakumar with the memory and processing unit of Maisons since such a modification would have ensured efficient and accurate results.
With respect to claim 3, Sivakumar as modified teaches the invention as discussed above. It further teaches providing generated data payloads to the LPWAN unit for queued transmission to the external gateway device over a long range low data rate transmission link ([0009], lines 6-10; [0020]).
Claims 4-6, 10, 11, 13, 15, 20, 39- 45, 47, and 48 are rejected under 35 U.S.C. 103 as being unpatentable over Iseli (2012/0082002) and Maisons (WO 2008/093169).
With respect to claim 4, Iseli a geolocation unit in a housing for processing a time synchronization signal ([0052], lines 9-10); a geolocation antenna port to couple a geolocation antenna to the geolocation unit and accessible from the top part of the housing ([0052], lines 10-11); a data communication unit in the housing for enabling wireless data communication with an external gateway device ([0049], lines 2-3); a data communication antenna port to couple a data communication antenna to the data communication unit and accessible from the top part of the housing ([0049], line 3); a sensing probe extending from the bottom part of the housing (Fig 3B); a processing unit in the housing and communicatively coupled to the geolocation unit and the data communication unit ([0046], lines 12-14); a geophone assembly in the housing to sense vibration received via the sensing probe and/or the housing, and to generate output signals to the processing unit ([0044], lines 9-10); a power source in the housing to supply power to the geolocation unit, the data communication unit and the processing unit ([0050], lines 1-2). However, it does not teach a housing including an outer wall, a top part and a bottom part, wherein the outer wall, the top part and the bottom part together define an interior volume of the housing; and generating output signals to the processing unit; wherein the processing unit is configured to process the output signals from the geophone assembly to determine an occurrence of a seismic event.
Maisons teaches a housing including an outer wall, a top part and a bottom part, wherein the outer wall, the top part and the bottom part together define an interior volume of the housing ([0033], line 3); and generating output signals to the processing unit ([0039]); wherein the processing unit is configured to process the output signals from the geophone assembly to determine an occurrence of a seismic event ([[0043]; [0047]). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present application to modify the system of Iseli with the housing and signal processing of Maison since such a modification would have used equipment well-known and used in the art and would further allow for reduced memory requirements.
With respect to claim 5, Iseli as modified teaches the invention as discussed above. However, it does not teach the data acquisition unit is self-contained, such that an external power supply is not required to supplement the power source.
Maisons teaches the data acquisition unit is self-contained, such that an external power supply is not required to supplement the power source ([0033], lines 1-2). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present application to modify the system of Iseli with the self-containment of Maison since such a modification would have allowed it to operate in remote areas.
With respect to claim 6, Iseli as modified teaches the claimed invention except for one secondary projection or a plurality of secondary projections extending from the bottom part and spaced from the sensing probe. It would have been obvious to one of ordinary skill in the art before the effective filing date of the current invention to have one secondary projection or a plurality of secondary projections extending from the bottom part and spaced from the sensing probe., since it has been held that mere duplication of the essential working parts of a device or system involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
With respect to claims 10 and 11, Iseli as modified teaches the invention as discussed above, except for the power source is positioned between the processing unit and the top part of the housing; and the geophone assembly is positioned between the processing unit and the bottom part of the housing. It would have been obvious to one of ordinary skill in the art before the effective filing date of the current invention to have the power source is positioned between the processing unit and the top part of the housing; and the geophone assembly is positioned between the processing unit and the bottom part of the housing since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Jaikse, 86 USPQ 70.
With respect to claim 13, Iseli teaches the processing unit includes a printed circuit board ([0046], lines 12-14; Fig 4) and the power source is mounted to the printed circuit board ([0050], lines 1-2; Fig 4).
With respect to claim 15, Iseli as modified teaches the invention as discussed above. It furthermore teaches the geophone assembly includes first, second and third geophones to sense vibration in three orthogonal directions ([0044]). However, it does not teach a geophone sub-housing to retain the first, second and third geophones in a fixed position within the housing, the geophone sub-housing including clamping parts formed of a material having a low modulus of elasticity.
Maisons teaches a geophone sub-housing to retain the first, second and third geophones in a fixed position within the housing, the geophone sub-housing including clamping parts formed of a material having a low modulus of elasticity ([0020], lines 13-17). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present application to modify the system of Iseli with the geophone clamping of Maisons since such a modification would have improved coupling.
With respect to claim 20, Iseli as modified teaches the invention as discussed above. However, it does not teach the data acquisition unit has a mass of between about 1 kg and about 2 kg. It would have been obvious to one of ordinary skill in the art before the effective filing date of the current invention to have a mass between about 1 kg and 2 kg since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
With respect to claim 39, Iseli as modified teaches the invention as discussed above. However, it does not teach the processing unit is configured to generate data payloads for transmission to the external gateway device based on the processed output signals in response to determination of a seismic event.
Maisons teaches the processing unit is configured to generate data payloads for transmission to the external gateway device based on the processed output signals in response to determination of a seismic event ([0047]). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present application to modify the system of Iseli with the processing unit of Maisons since such a modification would have ensured efficient and accurate results.
With respect to claim 40, Iseli as modified teaches the invention as discussed above. However, it does not teach determination of a seismic event is based upon a first predetermined number of most recent samples measured from the output signals of a z-axis geophone of the geophone assembly, and a first predetermined threshold.
Maisons teaches determination of a seismic event is based upon a first predetermined number of most recent samples measured from the output signals of a z-axis geophone of the geophone assembly, and a first predetermined threshold ([0047]; lines 2-5). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present application to modify the system of Iseli with the processing of Maisons since such a modification would have accurately detected peaks in the data.
With respect to claim 41, Iseli as modified teaches the invention as discussed above. However, it does not teach the first predetermined threshold is periodically recalibrated based on a predetermined number of samples.
Maisons teaches the first predetermined threshold is periodically recalibrated based on a predetermined number of samples ([0047], lines 13-20). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present application to modify the system of Iseli with the processing of Maisons since such a modification would have accurately detected peaks in the data.
With respect to claim 42, Iseli as modified teaches the invention as discussed above. However, it does not teach the processing unit is configured to, after determination of the seismic event, continuously process output signals of the geophone assembly and generate data payloads based on the processed output signals for transmission to the external gateway device, until an event end condition is determined to be satisfied.
Maisons teaches the processing unit is configured to, after determination of the seismic event, continuously process output signals of the geophone assembly and generate data payloads based on the processed output signals for transmission to the external gateway device, until an event end condition is determined to be satisfied ([0047], lines 4-20). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present application to modify the system of Iseli with the processing of Maisons since such a modification would have accurately detected peaks in the data.
With respect to claim 43, Iseli as modified teaches the invention as discussed above. However, it does not teach the event end condition is determined based on elapsing of a minimum sampling period and a calculated event end parameter, wherein the event end parameter is calculated based on a set of the processed output signals.
Maisons teaches the event end condition is determined based on elapsing of a minimum sampling period and a calculated event end parameter, wherein the event end parameter is calculated based on a set of the processed output signals ([0047], lines 6-8). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present application to modify the system of Iseli with the processing of Maisons since such a modification would have accurately detected peaks in the data.
With respect to claim 44, Iseli as modified teaches the invention as discussed above. However, it does not teach the event end parameter is calculated based on a second predetermined number of most recent samples measured from the output signals of the z-axis geophone of the geophone assembly, and wherein determination of the event end condition includes comparing the event end parameter to a second predetermined threshold.
Maisons the event end parameter is calculated based on a second predetermined number of most recent samples measured from the output signals of the z-axis geophone of the geophone assembly, and wherein determination of the event end condition includes comparing the event end parameter to a second predetermined threshold ([0047], lines 11-20). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present application to modify the system of Iseli with the processing of Maisons since such a modification would have accurately detected peaks in the data.
With respect to claim 45, Iseli as modified teaches the invention as discussed above. However, it does not teach each of the data payloads comprises a header including an event identifier, an event trigger time, and sample measurements of output signals of an x-axis geophone, a y-axis geophone, and a z-axis geophone.
Maisons teaches each of the data payloads comprises a header including an event identifier, an event trigger time, and sample measurements of output signals of an x-axis geophone, a y-axis geophone, and a z-axis geophone ([0047], lines 6-8; [0049]. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present application to modify the system of Iseli with the processing of Maisons since such a modification would have accurately detected peaks in the data.
With respect to claim 47, Iseli as modified teaches the invention as discussed above. However, it does not teach the processing unit is free of data storage for geophone sample measurements other than for buffering for seismic event determination and queued transmission to the external gateway device.
Maisons teaches the processing unit is free of data storage for geophone sample measurements other than for buffering for seismic event determination and queued transmission to the external gateway device ([0047], lines 4-5). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present application to modify the system of Iseli with the processing of Maisons since such a modification would have provided efficient and power effective processing.
With respect to claim 48, Iseli teaches a serial connector positioned in the top part to enable serial data communication between the processing unit and an external device via a serial bus (Fig 6a: 616).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Iseli and Maisons, and further in view of Pennec (2011/0098079) and Dabouineau (2021/0080603).
With regards to claim 8, Iseli as modified teaches the invention as discussed above. However, it does not teach the outer wall is generally cylindrical and the top part and the bottom part are threadedly engaged with respective top and bottom portions of the outer wall.
Pennec teaches the outer wall is generally cylindrical (Fig 5: 1031). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present application to modify the system of Iseli with the cylindrical outer wall of Pennec since such a design would allow it to be streamlined and furthermore more easily inserted into the soil.
Dabouineau teaches the top part and the bottom part are threadedly engaged with respective top and bottom portions of the outer wall (Fig 14A: 352, 306A). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present application to modify the system of Iseli with the treaded engagement of Dabouineau since such a modification would have allowed it to be easily assembled and disassembled.
Claims 12, 18, 19, 24, and 37 are rejected under 35 U.S.C. 103 as being unpatentable over Iseli and Maisons, and further in view of Dabouineau.
With respect to claim 12, Iseli as modified teaches the invention as discussed above. However, it does not teach the geophone assembly is tightly fastened to the bottom part of the housing to allow vibrations received by the sensing probe to be effectively transmitted to the geophone assembly via the bottom part of the housing.
Dabouineau teaches the geophone assembly is tightly fastened to the bottom part of the housing to allow vibrations received by the sensing probe to be effectively transmitted to the geophone assembly via the bottom part of the housing [0049], lines 1-7). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present application to modify the system of Iseli with tight connection of Dabouineau since such a modification allowed particle motion to be detected better.
With respect to claims 18 and 19, Iseli as modified teaches the invention as discussed above. However, it does not teach the material is a polyethylene material or the housing is formed of Aluminum or an Aluminum alloy, and one or both of the secondary spike and sensing probe are formed of Stainless Steel.
Dabouineau teaches using plastic, composite materials, or metals as materials for the housing components ([0042], lines 12-14). Polyethylene is a plastic well known in the art, and aluminum and steel are likewise well-known and used metals. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present application to modify the system of Iseli with the materials taught by Dabouineau since such materials are common and well known in the art.
With respect to claim 24, Iseli as modified teaches the invention as discussed above. It furthermore teaches a plurality of the data acquisition units (Fig 2: 208); and a data gateway device configured to communicate with each of the data acquisition units (Fig 2: 202). However, it does not teach the data gateway device to communicate with a low earth orbit satellite to transmit data received from the data acquisition units to a remote computing system.
Dabouineau teaches the data gateway device to communicate with a low earth orbit satellite to transmit data received from the data acquisition units to a remote computing system (Fig 1). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present application to modify the system of Iseli with the low earth satellite communication of Dabouineau since such a modification would have allowed the information to be transmitted a farther distance easily.
With respect to claim 37, Iseli as modified teaches the invention as discussed above. However, it does not teach the top part includes an upper engagement portion extending from an upper surface of the top part to allow the data acquisition unit to be pulled upwardly.
Dabouineau teaches the top part includes an upper engagement portion extending from an upper surface of the top part to allow the data acquisition unit to be pulled upwardly (Fig 3: 304). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present application to modify the system of Iseli with the handle of Dabouineau since such a modification would have allowed the system to be handled more easily.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Iseli and Maisons, and further in view of Pennec.
Iseli as modified teaches the invention as discussed above. However, it does not teach a top end of the sensing probe is received in the bottom part of the housing but does not extend through the bottom end of the housing.
Pennec teaches a top end of the sensing probe is received in the bottom part of the housing but does not extend through the bottom end of the housing (Fig 14A: 352, 306A). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present application to modify the system of Iseli with the sensing probe of Dabouineau since such a modification would have allowed it to be secure to the housing.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Iseli and Maisons, and further in view of Jaaskelainen (CA 2958230).
Iseli as modified teaches the invention as discussed above. However, it does not teach the clamping parts are formed by 3D printing.
Jaaskelainen teaches the clamping parts are formed by 3D printing ([0027], lines 1-2; [0028], lines 2-3). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present application to modify the system of Iseli with the 3d printing taught by Jaaskalainen since such a modification would have allowed the components to be accurately manufactured with great accuracy.
Claim 46 is rejected under 35 U.S.C. 103 as being unpatentable over Iseli and Maisons, and further in view of Sivakumar.
Sivakumar teaches providing generated data payloads to the data communication unit for queued transmission to the external gateway device over a long range low data rate transmission link ([0009], lines 6-10; [0020]). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present application to modify the system of Iseli with the queued transmission of Sivakumar since such a modification would have provided efficient data transfer.
Conclusion
The prior art which is cited but not relied upon is considered pertinent to applicant's disclosure.
The references made herein are done so for the convenience of the applicant. They are in no way intended to be limiting. The prior art should be considered in its entirety.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRYSTINE E BREIER whose telephone number is (571)270-7614. The examiner can normally be reached Monday (9:30am-6:30pm); Tuesday & Friday (11:30am-5:30pm).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Isam Alsomiri can be reached at 571 272 6970. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KRYSTINE E BREIER/ Primary Examiner, Art Unit 3645