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 .
Response to Amendment
In the amendments filed December 23rd, 2025, the following has occurred: claims 1, 14, and 20 have been amended; claim 13 is cancelled; claims 1-12 and 14-20 remain pending in this application.
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.
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, 7, 9, and 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wilk (US 6055214 A, “Wilk”) in view of Brizard (US 20150003194 A1, “Brizard”) and Olivier (US 10488540 B2, “Olivier”).
Regarding claim 1 Wilk discloses a measurement device, comprising: a mesh configured to allow a ground material in contact with the measurement device pass through the mesh; a motion sensor coupled to the mesh, the motion sensor configured to acquire ground motion measurements at a measurement point; a drive system coupled to the mesh, the drive system configured to vibrate the mesh([column 8, lines 56-63], Fig. 9 (98) comprises a net to which a plurality of electromechanical transducers are attached. Transducers are adapted for placement in pressure-wave-transmitting contact with the ground surface)(it is the examiner’s interpretation that the pressure-wave-transmission of the electromechanical transducers would implicitly impart vibrations into the mesh); at least one operational sensor coupled to the mesh, the at least one operational sensor configured to detect operational data related to operation of the measurement device ([column 5, lines 46-49], position determination circuit is operatively coupled to sensors or electromechanical transducers in order to determine locations of the sensor relative to one another);
Wilk may not explicitly teach a controller coupled to the mesh, the controller configured to: receive information from the motion sensor and the at least one operational sensor, and control the drive system and the motion sensor based on the information; an anchorage system configured to couple ground motion to the motion sensor; wherein the anchorage system comprises a plurality of bumps configured to enhance a coupling with the ground.
Brizard teaches a controller coupled to the mesh, the controller configured to: receive information from the motion sensor and the at least one operational sensor, and control the drive system and the motion sensor based on the information([0033], controller communicates with head and determines when base has landed on the seabed. Controller may instruct head to burrow into the ground and may instruct head to stop burrowing when a desired depth has been reached).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art of seismic surveying, before the effective filing date of the claimed invention, to modify the device of Wilk to include the controller of Brizard with a reasonable expectation of success, with the motivation of actuating the drive system to achieve a desired depth [0033].
Wilk, as modified in view of Brizard may not explicitly teach an anchorage system configured to couple ground motion to the motion sensor; wherein the anchorage system comprises a plurality of bumps configured to enhance a coupling with the ground.
Olivier teaches an anchorage system configured to couple ground motion to the motion sensor; wherein the anchorage system comprises a plurality of bumps configured to enhance a coupling with the ground ([column 10, lines 63-67]-[column 11, lines 1-4], seismic station may be coupled to the ground via ground coupling features such as spikes, studs, cleats, treads, or the like)(it is the examiner’s interpretation that studs or cleats are equivalent to bumps)(it is the examiner’s interpretation that the seismic sensor station acts as a motion sensor and that the ground coupling features act as an anchorage system, and if applied to the plurality of spaced apart transducers of Wilks, yields an anchorage system that couples ground motion to the motion sensors with a plurality of bumps).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art of seismic surveying, before the effective filing date of the claimed invention, to modify the device of Wilk, as modified in view of Brizard to include the anchorage system of Olivier with a reasonable expectation of success, with the motivation of securing the seismic sensors to the locations [column 10, lines 63-67]-[column 11, lines 1-4].
Regarding claim 2, Wilk, as modified in view of Brizard and Olivier teaches the measurement device of claim 1. Brizard further teaches wherein the ground motion measurements comprise acceleration ([0029] seismic sensors may be an accelerometer).
Regarding claim 3, Wilk, as modified in view of Brizard and Olivier teaches the measurement device of claim 1. Wilk further discloses the measurement device further comprising: a sound generating device ([column 1, lines 40-43] electromechanical transducers include at least one electroacoustic pressure wave generator and at least one acoustoelectric sensor).
Regarding claim 7, Wilk, as modified in view of Brizard and Olivier teaches the measurement device of claim 1. Brizard further teaches wherein the controller is further configured to control activation of the drive system based on the information([0033], controller communicates with head and determines when base has landed on the seabed. Controller may instruct head to burrow into the ground and may instruct head to stop burrowing when a desired depth has been reached).
Regarding claim 9, Wilk, as modified in view of Brizard and Olivier teaches the measurement device of claim 1. Brizard further teaches the measurement device further comprising: a memory configured to store at least the ground motion measurements ([0031], seismic data acquisition unit may include a processor and memory for storing seismic data recorded by the seismic sensor).
Regarding claim 11, Wilk, as modified in view of Brizard and Olivier teaches the measurement device of claim 1. Brizard further teaches a switch switchable by a human operator, wherein the switch to configured to activate and deactivate the driving system ([0049], An input/output interface 1208 also communicates with the bus and allows an operator to communicate with the processor or the memory, for example, to input software instructions for operating the nodes)(it is the examiner’s interpretation that the input/output device acts as a switch to be operated by a human operator).
Regarding claim 12, Wilk, as modified in view of Brizard and Olivier teaches the measurement device of claim 1. Wilk further teaches the controller is further configured to receive a command via a wireless communication link, and to modify an operation of the measurement device based on the command ([column 11, lines 3-6], signal generators may be controlled wirelessly by instructions transmitted by a computer via a transceiver).
Regarding claim 13, Wilk, as modified in view of Brizard and Olivier teaches the measurement device of claim 1. Wilk further teaches the measurement device further comprising: an anchorage system configured to couple ground motion to the motion sensor([column 8, lines 56-63], Fig. 9 (98) comprises a net to which a plurality of electromechanical transducers are attached. Transducers are adapted for placement in pressure-wave-transmitting contact with the ground surface).
Claim(s) 4 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wilk in view of Brizard, Olivier, and Toennessen (US 20070223306 A1, “Toennessen”).
Regarding claim 4, Wilk, as modified in view of Brizard and Olivier teaches the measurement device of claim 1. Wilk, as modified in view of Brizard and Olivier may not explicitly teach the at least one operational sensor comprises a light sensor configured to detect light.
Toennessen teaches the at least one operational sensor comprises a light sensor configured to detect light ([0014] seismic instruments may include optical instruments)(it is the examiner’s interpretation that optical instruments implicitly detect light).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art of seismic surveying, before the effective filing date of the claimed invention, to modify the device of Wilk, as modified in view of Brizard and Olivier to include the optical instrument of Toennessen with a reasonable expectation of success, with the motivation of measuring useful information with respect to reservoir exploration and monitoring [0014].
Regarding claim 8, Wilk, as modified in view of Brizard and Olivier teaches the measurement device of claim 1. Wilk, as modified in view of Brizard and Olivier may not explicitly teach the at least one operational sensors comprise a global positioning system (GPS) sensor configured to receive information used to determine a spatial position of the measurement device.
Toennessen further teaches the operational sensors comprise a global positioning system (GPS) sensor configured to receive information used to determine a spatial position of the measurement device ([0085], source and receiver positions may be actively controlled using GPS data or other position detector sensing the position of the instrument support).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art of seismic surveying, before the effective filing date of the claimed invention, to modify the device of Wilk, as modified in view of Brizard and Olivier to include the measurement device location determination of Toennessen with a reasonable expectation of success, with the motivation of aiding control of the controllable boundary [0085].
Claim(s) 5 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wilk in view of Brizard, Olivier, and Meier et al. (US 20150041242 A1, “Meier”).
Regarding claim 5, Wilk, as modified in view of Brizard and Olivier teaches the measurement device of claim 1. Wilk, as modified in view of Brizard and Olivier may not explicitly disclose the drive system comprises at least one rotating eccentric mass.
Meier teaches the drive system comprises at least one rotating eccentric mass ([0042] actuator is composed of a counter-rotating eccentric mass.
Therefore, it would have been prima facie obvious to one of ordinary skill in the art of seismic surveying, before the effective filing date of the claimed invention, to modify the device of WIlk, as modified in view of Brizard and Olivier to include the eccentric rotating mass of Meier with a reasonable expectation of success, with the motivation of generating large forces at low frequencies [0042].
Regarding claim 6, Wilk, as modified in view of Brizard, Olivier, and Meier teaches the measurement device of claim 5. Meier further teaches wherein the drive system further comprises a power supply unit ([0015] seismic vibrator includes an actuator comprising oppositely rotating adjustably eccentric masses and a motor to power the actuator).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wilk in view of Brizard, Olivier, and Edme (US 10408954 B2, “Edme”).
Regarding claim 10, Wilk, as modified in view of Brizard and Olivier teaches the measurement device of claim 1. Wilk, as modified in view of Brizard and Olivier may not explicitly teach wherein the motion sensor comprises a micro-electro-mechanical sensor.
Edme teaches wherein the motion sensor comprises a micro-electro-mechanical sensor ([column 4, lines 53-59], seismic sensing particle motion sensor may include MEMS sensors).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art of seismic surveying, before the effective filing date of the claimed invention, to modify the device of WIlk, as modified in view of Brizard and Olivier, to include the MEMS sensor of Edme with a reasonable expectation of success, with the motivation of measuring translation motion of the surface in one or more directions [column 4, lines 53-59].
Claim(s) 14-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wilk in view of Toennesson, Brizard, Dorffer et al. (US 8944162 B2, “Dorffer”), and Olivier.
Regarding claim 14, Wilk discloses method for acquiring seismic measurements, the method comprising: placing a measurement device at a location, the measurement device including: a mesh configured to allow a ground material in contact with the measurement device pass through the mesh; a motion sensor coupled to the mesh, the motion sensor configured to acquire ground motion measurements at a measurement point; a drive system coupled to the mesh; wherein the drive system causes the mesh to vibrate; ([column 8, lines 56-63], Fig. 9 (98) comprises a net to which a plurality of electromechanical transducers are attached. Transducers are adapted for placement in pressure-wave-transmitting contact with the ground surface)(it is the examiner’s interpretation that the pressure-wave-transmission of the electromechanical transducers would implicitly impart vibrations into the mesh)
Wilk may not explicitly teach a light sensor coupled to the mesh, the light sensor configured to generate an output corresponding to sensed light; and a controller coupled to the mesh, the controller configured to receive the output; activating the drive system by the controller, and deactivating the drive system by the controller when the output indicates an absence of light; an anchorage system configured to couple ground motion to the motion sensor; wherein the anchorage system comprises a plurality of bumps configured to enhance a coupling with the ground.
Toennessen teaches a light sensor coupled to the mesh the light sensor configured to generate an output corresponding to sensed light([0014] seismic instruments may include optical instruments)(it is the examiner’s interpretation that optical instruments implicitly detect and/or generate light).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art of seismic surveying, before the effective filing date of the claimed invention, to modify the method of Wilk to include the optical instrument of Toennessen with a reasonable expectation of success, with the motivation of measuring useful information with respect to reservoir exploration and monitoring [0014].
Wilk, as modified in view of Tonnessen may not explicitly teach and a controller coupled to the mesh, the controller configured to receive the output; activating the drive system by the controller, and deactivating the drive system by the controller when the output indicates an absence of light; an anchorage system configured to couple ground motion to the motion sensor; wherein the anchorage system comprises a plurality of bumps configured to enhance a coupling with the ground.
Brizard teaches and a controller coupled to the mesh, the controller configured to receive the output; activating the drive system by the controller([0033], controller communicates with head and determines when base has landed on the seabed. Controller may instruct head to burrow into the ground and may instruct head to stop burrowing when a desired depth has been reached)
Therefore, it would have been prima facie obvious to one of ordinary skill in the art of seismic surveying, before the effective filing date of the claimed invention, to modify the method of Wilk, as modified in view of Toennessen to include the controller of Brizard with a reasonable expectation of success, with the motivation of actuating the drive system to achieve a desired depth [0033].
Wilk, as modified in view of Tonnessen and Brizard may not explicitly teach and deactivating the drive system by the controller when the output indicates an absence of light; an anchorage system configured to couple ground motion to the motion sensor; wherein the anchorage system comprises a plurality of bumps configured to enhance a coupling with the ground.
Dorffer teaches and deactivating the drive system by the controller when the output indicates an absence of light ([column 2, lines 11-18], ambient activated switch for radiation source may be activated based on ambient conditions including light)(it is the examiner’s interpretation that an light activated switch implicitly includes instances when light is above or below a given threshold).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art of seismic surveying, before the effective filing date of the claimed invention, to modify the method of Wilk, as modified in view of Toennessen and Brizard, to include the ambient characteristic switching mechanism of Dorffer with a reasonable expectation of success, with the motivation of activating and deactivating components based on ambient conditions including light [column 2, lines 11-18].
Wilk, as modified in view of Toennessen, Brizard, and Dorffer may not explicitly teach an anchorage system configured to couple ground motion to the motion sensor; wherein the anchorage system comprises a plurality of bumps configured to enhance a coupling with the ground.
Olivier teaches an anchorage system configured to couple ground motion to the motion sensor; wherein the anchorage system comprises a plurality of bumps configured to enhance a coupling with the ground([column 10, lines 63-67]-[column 11, lines 1-4], seismic station may be coupled to the ground via ground coupling features such as spikes, studs, cleats, treads, or the like)(it is the examiner’s interpretation that studs or cleats are equivalent to bumps)(it is the examiner’s interpretation that the seismic sensor station acts as a motion sensor and that the ground coupling features act as an anchorage system, and if applied to the plurality of spaced apart transducers of Wilks, yields an anchorage system that couples ground motion to the motion sensors with a plurality of bumps).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art of seismic surveying, before the effective filing date of the claimed invention, to modify the method of Wilk, as modified in view of Toennessen, Brizard, and Dorffer to include the anchorage system of Olivier with a reasonable expectation of success, with the motivation of securing the seismic sensors to the locations [column 10, lines 63-67]-[column 11, lines 1-4].
Regarding claim 15, Wilk, as modified in view of Toennesen, Brizard, Dorffer, and Olivier teaches the method of claim 14. Wilk further teaches activating the drive system is based upon a trigger event selected from a group consisting of: an output from a switch on the measurement device, a location of the measurement device, a time, and a command received via a wireless communication link([column 11, lines 3-6], signal generators may be controlled wirelessly by instructions transmitted by a computer via a transceiver).
Regarding claim 16, Wilk, as modified in view of Toennesen, Brizard, Dorffer, and Olivier teaches the method of claim 14. Toennessen further teaches retrieving the measurement device, wherein retrieving the measurement device is facilitated by at least one indicator selected from a group consisting of: an audio indicator, a location indicator, and a visual indicator([0085], source and receiver positions may be actively controlled using GPS data or other position detector sensing the position of the instrument support)(it is the examiner’s interpretation that controlling the source and receiver positions includes retrieving them).
Regarding claim 17, Wilk, as modified in view of Toennesen, Brizard, Dorffer, and Olivier teaches the method of claim 16. Toennessen further teaches wherein the audio indicator comprises a sound generated by a sound generating device coupled to the mesh and controlled by the controller ([0085] source and receiver locations can be controlled by using other position detector sensing such as underwater acoustic sensor networks)([0014] seismic instruments include loudspeakers).
Regarding claim 18, Wilk, as modified in view of Toennesen, Brizard, Dorffer, and Olivier teaches the method of claim 16. Toennessen wherein the visual indicator comprises a drone hovering over the measurement device ([0050] position of controllable boundary is maintained and managed by ROVs or AUV or any other device able to move or maintain the position of the controllable boundary)(it is the examiner’s interpretation that the position of controllable boundary also dictates the position of seismic instruments (measurement devices)(it is the examiner’s interpretation that “any other device able to move or maintain the position of the controllable boundary” includes a drone hovering over the measurement device).
Regarding claim 19, Wilk, as modified in view of Toennesen, Brizard, Dorffer, and Olivier teaches the method of claim 15 Brizard further teaches receiving, by the controller, the ground motion measurements; storing, by the controller, the ground motion measurements to a memory associated with the measurement device([0031], seismic data acquisition unit may include a processor and memory for storing seismic data recorded by the seismic sensor); and transferring, by the controller, the ground motion measurements via a port on the measurement device(Implicit, [0044], AUV retrieves the seismic survey nodes and data is transferred from the node to the AUV. Data transfer may be wired or wireless)(it is the examiner’s interpretation that in a wired data transfer scenario, the node would implicitly have a port)
Regarding claim 20, Wilk discloses a method for acquiring seismic measurements, the method comprising: deploying a measurement device at a location, the measurement device including: a mesh configured to allow a ground material in contact with the measurement device pass through the mesh; a motion sensor coupled to the mesh, the motion sensor configured to acquire ground motion measurements at the location; a sound generating device coupled to the mesh; a drive system coupled to the mesh; ([column 8, lines 56-63], Fig. 9 (98) comprises a net to which a plurality of electromechanical transducers are attached. Transducers are adapted for placement in pressure-wave-transmitting contact with the ground surface)(it is the examiner’s interpretation that the pressure-wave-transmission of the electromechanical transducers would implicitly impart vibrations into the mesh and that the vibrations imparted onto the mesh would implicitly allow a ground material in contact with the mesh to pass through);
Wilk may not explicitly teach a light sensor coupled to the mesh; and a port; triggering the measurement device to self-install, wherein the self-install activates the drive system to vibrate the mesh in a way that moves the ground material through the mesh toward an upper surface of the mesh until the light sensor indicates an absence of light; retrieving the measurement device using an indicator selected from a group consisting of: an audio indicator generated by the sound generating device, a location indicator, and a visual indicator; and transferring the ground motion measurements via the port; an anchorage system configured to couple ground motion to the motion sensor; wherein the anchorage system comprises a plurality of bumps configured to enhance a coupling with the ground.
Toennessen teaches a light sensor coupled to the mesh([0014] seismic instruments may include optical instruments)(it is the examiner’s interpretation that optical instruments implicitly detect and/or generate light); retrieving the measurement device using an indicator selected from a group consisting of: an audio indicator generated by the sound generating device, a location indicator, and a visual indicator; ([0085], source and receiver positions may be actively controlled using GPS data or other position detector sensing the position of the instrument support)(it is the examiner’s interpretation that controlling the source and receiver positions includes retrieving them).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art of seismic surveying, before the effective filing date of the claimed invention, to modify the method of Wilk to include the optical instrument and retrieval process of Toennessen with a reasonable expectation of success, with the motivation of measuring useful information with respect to reservoir exploration and monitoring [0014] and moving the controllable boundary as desired [0085].
Wilk, as modified in view of Toennessen may not explicitly teach and a port; triggering the measurement device to self-install, wherein the self-install activates the drive system to vibrate the mesh in a way that moves the ground material through the mesh toward an upper surface of the mesh until the light sensor indicates an absence of light; an anchorage system configured to couple ground motion to the motion sensor; wherein the anchorage system comprises a plurality of bumps configured to enhance a coupling with the ground.
Brizard further teaches a port; triggering the measurement device to self-install, wherein the self-install activates the drive system to vibrate the mesh in a way that moves the ground material through the mesh toward an upper surface of the mesh([0033], controller communicates with head and determines when base has landed on the seabed. Controller may instruct head to burrow into the ground and may instruct head to stop burrowing when a desired depth has been reached)(it is the examiner’s interpretation that the self-burrowing capabilities of Brizard, when combined with the mesh of Wilk, would yield the drive system to vibrate the mesh in a way that moves the ground material through the mess toward an upper surface of the mesh; and transferring the ground motion measurements via the port(Implicit, [0044], AUV retrieves the seismic survey nodes and data is transferred from the node to the AUV. Data transfer may be wired or wireless)(it is the examiner’s interpretation that in a wired data transfer scenario, the node would implicitly have a port).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art of seismic surveying, before the effective filing date of the claimed invention, to modify the method of Wilk, as modified in view of Toennessen to include the port and self-burrowing of Brizard with a reasonable expectation of success, with the motivation of achieving a desired depth [0033] and collecting seismic and non-seismic data for further analysis[0044].
Wilk, as modified in view of Toennessen and Brizard may not explicitly teach the self-install activates until the light sensor indicates an absence of light; an anchorage system configured to couple ground motion to the motion sensor; wherein the anchorage system comprises a plurality of bumps configured to enhance a coupling with the ground.
Dorffer teaches the self-install activates until the light sensor indicates an absence of light. ([column 2, lines 11-18], ambient activated switch for radiation source may be activated based on ambient conditions including light)(it is the examiner’s interpretation that an light activated switch implicitly includes instances when light is above or below a given threshold).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art of seismic surveying, before the effective filing date of the claimed invention, to modify the method of Wilk, as modified in view of Toennessen and Brizard, to include the ambient characteristic switching mechanism of Dorffer with a reasonable expectation of success, with the motivation of activating and deactivating components based on ambient conditions including light [column 2, lines 11-18].
Wilk, as modified in view of Toenneessen, Brizard, and Dorffer, may not explicitly teach an anchorage system configured to couple ground motion to the motion sensor;wherein the anchorage system comprises a plurality of bumps configured to enhance a coupling with the ground.
Olivier teaches an anchorage system configured to couple ground motion to the motion sensor; wherein the anchorage system comprises a plurality of bumps configured to enhance a coupling with the ground([column 10, lines 63-67]-[column 11, lines 1-4], seismic station may be coupled to the ground via ground coupling features such as spikes, studs, cleats, treads, or the like)(it is the examiner’s interpretation that studs or cleats are equivalent to bumps)(it is the examiner’s interpretation that the seismic sensor station acts as a motion sensor and that the ground coupling features act as an anchorage system, and if applied to the plurality of spaced apart transducers of Wilks, yields an anchorage system that couples ground motion to the motion sensors with a plurality of bumps).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art of seismic surveying, before the effective filing date of the claimed invention, to modify the method of Wilk, as modified in view of Toennessen, Brizard, and Dorffer to include the anchorage system of Olivier with a reasonable expectation of success, with the motivation of securing the seismic sensors to the locations [column 10, lines 63-67]-[column 11, lines 1-4].
Response to Arguments
Applicant’s arguments, see Applicant’s Remarks, filed December 23rd, 2025, with respect to the rejection(s) of claim(s) 1, 14, and 20 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Wilk in view of Brizard and Olivier, as well as Wilk in view of Toennesson, Brizard, Dorffer, and Olivier.
On pg. 4 of Applicant’s Remarks, Applicant argues that Wilk fails to teach the limitations of claim 3 for the following reasons:
The electroacoustic pressure wave generator of Wilk is not a sound generating device
With respect to (1), the examiner respectfully disagrees that the electroacoustic pressure wave generator of Wilk is not a sound generating device. Wilk at [column 1, lines 40-43] states that the electromechanical transducers include at least one electroacoustic pressure wave generator. Wilk further states at [column 5 lines 33-36], that when energized, the electroacoustic transducers produce ultrasonic pressure waves. It is the examiner’s interpretation that ultrasonic pressure waves are sound waves, even though they may be at a frequency above that of the normal range of human hearing. Therefore the rejection of claim 3 is maintained under 35 U.S.C. 103 is maintained.
On Pg. 5-7 of Applicant’s Remarks, Applicant argues that due to the alleged allowability of independent claims 1, 14, and 20, claims 4-6, 8, 10, and 15-19 are therefore in condition for allowance. As noted in the response to arguments with respect to claims 1, 14, and 20, above, the rejections of claims 1, 14, and 20 are maintained, and similarly so are the rejections of claims 4-6, 8, 10, and 15-19.
Conclusion
Prior art made of record though not relied upon in the present basis of rejection are noted in the attached PTO 892 and include:
Sallas (US 20170371048 A1, “Sallas”) which discloses a buried seismic sensor and method for deployment
Bachrach (US 6532190 B2, “Bachrach”) which discloses a seismic sensor array arranged in a grid together
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 CHRISTOPHER RICHARD WALKER whose telephone number is (571)272-6136. The examiner can normally be reached Monday - Friday 7:30 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Yuqing Xiao can be reached at 571-270-3603. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER RICHARD WALKER/Examiner, Art Unit 3645
/YUQING XIAO/Supervisory Patent Examiner, Art Unit 3645