DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
2. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Amendment
3. Acknowledgement is made of the preliminary amendment(s) filed 11/22/2023.
Information Disclosure Statement
4. The information disclosure statement (IDS) submitted on 11/22/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
5. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1 the limitation “….orienting the array in a direction that is substantially parallel to a longitudinal axis of the submarine.… “, is ambiguous and overly broad. With emphasis on the term “substantially parallel”, this is a relative phrase; with respect to the structure and / or description of the claimed invention, the applicant has not clearly established (i.e dimensional characteristics etc) how “substantially” is defined. Therefore, the claim is rendered indefinite.
Claims 3-17 are rejected based on their dependency of rejected claim 1.
Claim Rejections - 35 USC § 103
6. 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 3-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Straus et al (US 5493540 A) in view of the Applicant’s Admitted Prior Art (AAPA herein after)
Regarding claims 1, 11, 17 & 18 Straus et al teaches providing an array of acoustic sensors 14, wherein the array of acoustic sensors 14 is a linear array of acoustic sensors (figs. 1-3, 6A-6B) ; positioning the array of acoustic sensors 14 (figs. 1-3, 6A-6B) in water proximate to a ship 12 (Ship’s hull): radiating into the water (figs. 1-3, 6A-6B), by the ship 12 whilst the ship 12 is surfaced in the water such that at least a part of the ship 12 (ship’s hull) extends above a surface of the water and at least a part of the ship 12 extends below the surface of the water (figs. 1-3, 6A-6B), one or more acoustic signals (Abstract)(col. 4 lines 56-67); measuring, by the acoustic sensors 14, the acoustic signals; and predicting, by one or more processors 66 68 32C operatively coupled to the array of acoustic sensors 14, the far-field radiated acoustic field of the ship dived in the water using the measurements of the acoustic signals (Abstract)(col. 2 lines 1-55)(col. 5 lines 52-63); wherein the positioning of the array of acoustic sensors 14 comprises: orienting the array in a direction that is substantially parallel to a longitudinal axis of the ship (figs. 1-3, 6A-6B); and positioning the array 14 in a near-field region of the ship 12. Straus et al does not teach the ship and the near-field region of the ship being a region that is less than or equal to a distance of 2D21X from the submarine, where D is a length of the ship or a part thereof along the longitudinal axis of the ship and X is a wavelength of the one or more of the acoustic signals transmitted by the ship.
The AAPA discloses a vessel and a near-field region of the vessel being a region that is less than or equal to a distance of 2D21X from the vessel, where D is a length of the s vessel or a part thereof along the longitudinal axis of the submarine and X is a wavelength of the one or more of the acoustic signals transmitted by a vessel. (BACKGROUND)
It would have been obvious to a person having ordinary skill in the art of far-field determination of marine vessels before the effective filing date of the claimed invention to interpret and / or utilize the far-filed estimation system as taught by Straus to further the defining the Fraunhofer distance (the near-field region of the ship being a region that is less than or equal to a distance of 2D21X from the submarine, where D is a length of the submarine or a part thereof along the longitudinal axis of the submarine and X is a wavelength of the one or more of the acoustic signals transmitted by the vessel) as taught by the AAPA for the purpose of accurately determining far-field acoustics using near-field parameters.
Regarding Straus et al not explicitly teaching a submarine, since Straus et al at the very least discloses estimating far field acoustics via the hull a ship, it would have been obvious to a person having ordinary skill in the art of marine vessels before the effective filing date of the claimed invention to utilize the sensor array as taught by Straus et al within any marine vessel wherein said marine vessel is partly above and below the surface of a body of water for the purpose of accurately determining far-field acoustics of a marine vessel. Furthermore, it has been held that the selection of a known material based upon its suitability for the intended use is a design consideration within the skill of the art. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960). In this particular instance since Straus et al at the very least discloses estimating far-filed acoustics of a ship wherein an array is installed on the hull of a ship it would have been well within the skill set of a person having ordinary skill in the art to implement the said array on any marine vessel readily available to the manufacturer.
Regarding claim 3 Straus et al teaches positioning the array of acoustic sensors 14 (figs. 1-3, 6A-6B) in the water comprises submerging the array in the water. (figs. 1-3, 6A-6B)
Regarding claim 4 Straus et al teaches a ratio between a length of a direct path from the array of acoustic sensors to a submerged part of the ship 12 and a length of a water surface-reflected path from the array of acoustic sensors to the submerged part of the submarine is less than or equal to 0.9. (figs. 1-3, 6A-6B).
Regarding claim 5 Straus et al teaches the ratio is less than or equal to 0.5. (figs. 1-3, 6A-6B)
Regarding claims 6 & 19 Straus et al teaches the array of acoustic sensors 14 is a uniform linear array of acoustic sensors 14. (figs. 1-3, 6A-6B)
Regarding claims 7 & 20 Straus et al teaches spacing between pairs of adjacent acoustic sensors 14 in the array is less than or equal to λ/2where λ is a wavelength of one or more acoustic signals . (figs. 1-3, 6A-6B)
Regarding claims 8 & 21 Straus et al teaches fixing the array of acoustic sensors 14 to a support structure 16 22 24 26. (figs. 1-3, 6A-6B)
Regarding claim 9 Straus et al teaches the support structure 16 22 24 26, is a support structure selected from the group of support structures consisting of a support structure that is at least partially submerged in the water, a support structure that is remote from the water, a buoyant support structure floating on the water, a harbour wall, a dock wall, a wall of a shipyard, a wall of a submarine pen, a jetty, an oil rig, a watercraft, scaffolding, a pontoon, a raft, a buoy. (figs. 1-3, 6A-6B)
Regarding claim 10 Straus et al teaches the array of acoustic sensors 14 comprises couplings attaching together pairs of adjacent acoustic sensors, and, optionally, either the couplings are flexible thereby to allow for winding of the array onto a reel, or the couplings are rigid. (figs. 1-3, 6A-6B)
Regarding claim 12 Straus et al teaches positioning the array at a same depth beneath a surface of the water as at least a part of the ship 12. (figs. 1-3, 6A-6B)
Regarding claim 13 Straus et al teaches calculating a Kirchhoff- Helmholtz integral multiplied by a multiplicative scaling factor. (Col. 6 lines 44-55)
Regarding claim 14 Strauss et al teaches identifying a frequency of interest in the predicted far-field radiated acoustic field; and using the array of acoustic sensors 14, determining a location on the ship of a source of a signal having the frequency of interest. (Col. 5 lines 15-25)
Regarding claim 15 Strauss et al teaches performing near-field beam steering using the array of acoustic sensors 14. (Col. 5 lines 50-65).
Regarding claim 16 Strauss et al teaches the frequency of interest is associated with a fault, and the method further comprises performing a remedial action to repair the fault. (Col. 5 lines 44-50)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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US 10317543 B2 Estimation of a far field signature in a second direction from a far field signature in a first direction
WO 2018026513 A1 METHOD FOR DETERMINING NOTIONAL SEISMIC SOURCE SIGNATURES AND THEIR GHOSTS FROM NEAR FIELD MEASUREMENTS AND ITS APPLICATION TO DETERMINING FAR FIELD SOURCE SIGNATURES
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GB 2468912 A Method of monitoring marine seismic source array in marine seismic surveying arrangement, involves comparing predicted far field signature at receiver location with seismic data acquired at receiver
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US 5504714 A Acoustic and environmental monitoring system
US 4183009 A Low frequency detection system
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDRE J ALLEN whose telephone number is (571)272-2174. The examiner can normally be reached Mon-Fri. 9am-5PM.
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/ANDRE J ALLEN/Primary Examiner, Art Unit 2855