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 .
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 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.
DETAILED ACTION
Claims status
Claims 1-11 are pending as the applicant filed on 03/26/2024.
Double Patenting
2. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the "right to exclude" granted by a patent and to prevent possible harassment by multiple assignees. See In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and, In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent is shown to be commonly owned with this application. See 37 CFR 1.130(b).
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-11 are provisionally rejected under the judicially created doctrine of obviousness-type double patenting as being unpatentable over claims 1-15 of a related Application No. 17/255373 now US Patent 12/078,970 B2. Although the conflicting claims are not identical, they are not patentably distinct from each other because the limitations of the claims in the current application are encompassed in the previous application. The latter pending application encompasses the same process as the pending application and is a slightly different version of the previous application because of rearrangement of the claims language.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-11 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claim 1, Step 1 the claim is a process (or machine) (Yes),
Step 2A Prong One, does the claim recite an abstract idea? current claim related to a seismic data collection node having a clock for dating samples of seismic data and means for estimating a drift over time of a variable physical operating parameter of said clock, wherein said seismic data collection node comprises a module designed to measure in a measurement step at least one variable physical operating parameter associated with said clock, at predetermined instants in time or for predetermined periods of time; and
apply to said variable physical operating parameter a predetermined non-linear law of variation of said variable physical operating parameter, which depends on values of said at least one variable physical operating parameter collected in said measurement step, so as to obtain an estimate of said drift over time of said variable physical operating parameter, and estimate, in said step of applying said predetermined non-linear law of variation of said variable physical operating parameter, an instantaneous frequency error of said clock, based on said initial instantaneous frequency, said instantaneous frequency at said predetermined instant in time and said phase offset, wherein, according to said predetermined non-linear law of variation of said variable physical operating parameter, said instantaneous frequency varies according to a polynomial equation of order greater than or equal to 2, such that a phase of said clock varies according to a polynomial equation of order greater than or equal to 3 appears is an abstract idea of mental process (MPEP 2106.04(a)) or data gathering equivalent to mathematical concept or mathematical manipulation function (MPEP 2106.04 (a) (2) (concept need not be expressed in mathematical symbols, because "[w]ords used in a claim operating on data to solve a problem can serve the same purpose as a formula), (OR Mathematical Concepts and Mental Processes) Step 2A Prong One: Yes.
Step 2A Prong Two, is the claim directed to an abstract idea? In other words, does claim recite additional elements that integrate the Judicial Exception into a practical application? the additional elements of before deploying said seismic data collection node for a seismic data collection mission, measure an initial instantaneous frequency of said clock, and synchronize an internal time information signal of said node with respect to a reference time information signal are recited at a high level of generality and merely amount to a particular field of use (see MPEP 2106.05(h)) and/or insignificant post-solution activity (MPEP 2106.05(g)), this does not integrate the Judicial Exception into a practical application,
Step 2A Prong Two: NO.
Step 2B, Does the claim recite additional element that amount to significantly more than the Judicial exception? the additional elements of at a predetermined instant in time during said seismic data collection mission, measure a final instantaneous frequency of said clock and a phase offset between said internal time information signal of said seismic data collection node and said reference time information signal appears to be field of use (See MPEP 2106.05(h) and MPEP 2106.05(f)) and/or merely amounts to insignificant extra-solution output of the results (see MPEP 2106.05(g)) and therefore fails to integrate the abstract idea into a practical application or amount to significantly more. Step 2B: No. claim 1 not eligible.
Claim 6, Step 1 the claim is a process (or machine) (Yes),
Step 2A Prong One, does the claim recite an abstract idea? current claim related to a seismic data collection node having a clock for dating samples of seismic data and means for estimating a drift over time of a variable physical operating parameter of said clock, wherein said seismic data collection node comprises a module designed to: measure at least one variable physical operating parameter associated with said clock in a measurement step at predetermined instants in time or for predetermined periods of time; and
apply to said variable physical operating parameter a predetermined non-linear law of variation of said variable physical operating parameter, which depends on values of said at least one variable physical operating parameter collected in said measurement step, so as to obtain an estimate of said drift over time of said variable physical operating parameter appears is an abstract idea of mental process (MPEP 2106.04(a)) or data gathering equivalent to mathematical concept or mathematical manipulation function (MPEP 2106.04 (a) (2) (concept need not be expressed in mathematical symbols, because "[w]ords used in a claim operating on data to solve a problem can serve the same purpose as a formula), (OR Mathematical Concepts and Mental Processes) Step 2A Prong One: Yes.
Step 2A Prong Two, is the claim directed to an abstract idea? In other words, does claim recite additional elements that integrate the Judicial Exception into a practical application? the additional elements of measure, in said measurement step, a phase of said clock for a first predetermined period of time before deploying said node for a seismic data collection mission and for a second predetermined period of time at an end of said seismic data collection mission and, in said step of applying said law, use an interpolation method so as to obtain an estimate of an accumulated phase error of said clock are recited at a high level of generality and merely amount to a particular field of use (see MPEP 2106.05(h)) and/or insignificant post-solution activity (MPEP 2106.05(g)), this does not integrate the Judicial Exception into a practical application,
Step 2A Prong Two: NO.
Step 2B, Does the claim recite additional element that amount to significantly more than the Judicial exception? the additional elements of wherein, according to said predetermined non-linear law of variation of said variable physical operating parameter, a phase of said clock varies according to a polynomial equation of order greater than or equal to 3 appears to be field of use (See MPEP 2106.05(h) and MPEP 2106.05(f)) and/or merely amounts to insignificant extra-solution output of the results (see MPEP 2106.05(g)) and therefore fails to integrate the abstract idea into a practical application or amount to significantly more. Step 2B: No. claim 6 not eligible.
Claim 2 related to wherein said reference time information signal is provided by a GPS location system, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 2 not eligible.
Claim 3 related to wherein said module is designed to: before deploying said node for a seismic data collection mission, measure an evolution of said variable physical operating parameter as a function of a temperature of said clock; during said seismic data collection mission, measure said temperature of said clock, said predetermined non-linear law of variation of said variable physical operating parameter taking into account said temperature, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 3 not eligible.
Claim 4 related to wherein said predetermined instant in time during said seismic data collection mission corresponds to an end of said seismic data collection mission, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 4 not eligible.
Claim 5 related to according to said predetermined non-linear law of variation of said variable physical operating parameter, said instantaneous frequency varies according to a 2nd-order polynomial equation, such that said phase of said clock varies according to a 3rd-order polynomial equation, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 5 not eligible.
Claim 7 related to wherein, in said measurement step, said accumulated phase error of said clock is measured for a period of time corresponding to a simulated seismic data collection mission, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 7 not eligible.
Claim 8 related to wherein said phase of said clock varies according to a 3rd-order polynomial equation, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 8 not eligible.
Claim 9 related to wherein said module is designed to: before deploying said seismic data collection node for a seismic data collection mission, measure an evolution of said variable physical operating parameter as a function of a temperature of said clock; during said seismic data collection mission, measure said temperature of said clock, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 9 not eligible.
Claim 10 related to wherein said seismic data collection node is designed for use on a seabed, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 10 not eligible.
Claim 11 related to wherein said seismic data collection node is designed for use on a seabed, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 11 not eligible.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-11 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by L'HER CHRISTOPHE, WO 2020002798 A1, DATE PUBLISHED: 2020-01-02, CPC G04G 3/02.
Regarding claim 1:
L'HER CHRISTOPHE described a seismic data collection node having a clock for dating samples of seismic data and means for estimating a drift over time of a variable physical operating parameter of said clock, wherein said seismic data collection node comprises a module designed to (abstract). measure in a measurement step at least one variable physical operating parameter associated with said clock, at predetermined instants in time or for predetermined periods of time (abstract); and apply to said variable physical operating parameter a predetermined non-linear law of variation of said variable physical operating parameter, which depends on values of said at least one variable physical operating parameter collected in said measurement step, so as to obtain an estimate of said drift over time of said variable physical operating parameter (abstract, page 1, phase shift or error), before deploying said seismic data collection node for a seismic data collection mission, measure an initial instantaneous frequency of said clock, and synchronize an internal time information signal of said node with respect to a reference time information signal (page 3, before recovery);
at a predetermined instant in time during said seismic data collection mission, measure a final instantaneous frequency of said clock and a phase offset between said internal time information signal of said seismic data collection node and said reference time information signal (page 3, instantaneous frequency at during any predetermined periods, at phase error);
and estimate, in said step of applying said predetermined non-linear law of , at phase error variation of said variable physical operating parameter (page 3, a non-linear predetermined law of variation is applied to this physical quantity and in particular a polynomial law), an instantaneous frequency error of said clock, based on said initial instantaneous frequency, said instantaneous frequency at said predetermined instant in time and said phase offset (page 3, instantaneous frequency at during any predetermined periods, at phase error),
wherein, according to said predetermined non-linear law of variation of said variable physical operating parameter, said instantaneous frequency varies according to a polynomial equation of order greater than or equal to 2, such that a phase of said clock varies according to a polynomial equation of order greater than or equal to 3 (page 19, order equal to 3).
Regarding claim 6:
L'HER CHRISTOPHE described a seismic data collection node having a clock for dating samples of seismic data and means for estimating a drift over time of a variable physical operating parameter of said clock, wherein said seismic data collection node comprises a module designed to (abstract):
measure at least one variable physical operating parameter associated with said clock in a measurement step at predetermined instants in time or for predetermined periods of time (abstract, over time); and
apply to said variable physical operating parameter a predetermined non-linear law of variation of said variable physical operating parameter, which depends on values of said at least one variable physical operating parameter collected in said measurement step, so as to obtain an estimate of said drift over time of said variable physical operating parameter (abstract, a predetermined non-linear law of variation of this quantity that depends on the values collected during the measurement step),
measure, in said measurement step, a phase of said clock for a first predetermined period of time before deploying said node for a seismic data collection mission and for a second predetermined period of time at an end of said seismic data collection mission (page 1, seismic data) and, in said step of applying said law, use an interpolation method so as to obtain an estimate of an accumulated phase error of said clock (page 2, clock for dating samples of seismic data associated with a node for collecting seismic data, clocking error lower than the residual error obtained when applying a linear correction to clock drift).
Regarding claim 2, L'HER CHRISTOPHE further described wherein said reference time information signal is provided by a GPS location system (page 2, correcting clock, page 4, using GPS).
Regarding claim 3, L'HER CHRISTOPHE further described wherein said module is designed to: before deploying said node for a seismic data collection mission, measure an evolution of said variable physical operating parameter as a function of a temperature of said clock; during said seismic data collection mission, measure said temperature of said clock, said predetermined non-linear law of variation of said variable physical operating parameter taking into account said temperature (page 2, after, page 3, non-linear predetermined law of variation is applied to this physical quantity and in particular a polynomial law, page 4, temperature of clock, page 5, before).
Regarding claim 4, L'HER CHRISTOPHE further described wherein said predetermined instant in time during said seismic data collection mission corresponds to an end of said seismic data collection mission (page 4, during mission phase).
Regarding claim 5, L'HER CHRISTOPHE further described according to said predetermined non-linear law of variation of said variable physical operating parameter, said instantaneous frequency varies according to a 2nd-order polynomial equation, such that said phase of said clock varies according to a 3rd-order polynomial equation (page 7, non-linear, page 19, phase of second, third order polynomial).
Regarding claim 7, L'HER CHRISTOPHE further described in said measurement step, said accumulated phase error of said clock is measured for a period of time corresponding to a simulated seismic data collection mission (page 3, simulated mission).
Regarding claim 8, L'HER CHRISTOPHE further described wherein said phase of said clock varies according to a 3rd-order polynomial equation (page 19, 3rd-order polynomial).
Regarding claim 9, L'HER CHRISTOPHE further described wherein said module is designed to: before deploying said seismic data collection node for a seismic data collection mission, measure an evolution of said variable physical operating parameter as a function of a temperature of said clock; during said seismic data collection mission, measure said temperature of said clock (page 2, after, page 3, non-linear predetermined law of variation is applied to this physical quantity and in particular a polynomial law, page 4, temperature of clock, page 5, before).
Regarding claim 10, L'HER CHRISTOPHE further described wherein said seismic data collection node is designed for use on a seabed (page 2, seadbed).
Regarding claim 11, L'HER CHRISTOPHE further described wherein said seismic data collection node is designed for use on a seabed (page 2, seadbed).
Contact information
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tung Lau whose telephone number is (571)272-2274, email is Tungs.lau@uspto.gov. The examiner can normally be reached on Tuesday-Friday 7:00 AM-5:00 PM EST.
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/TUNG S LAU/Primary Examiner, Art Unit 2857
Technology Center 2800
July 15, 2026
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