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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Arguments
Applicant's arguments filed Aug. 3, 2026, have been fully considered but they are not persuasive.
35 U.S.C. 112(b).
The rejections under 35 U.S.C. 112(b) are withdrawn in light of the amendments and new rejections are presented in light of the amendments.
35 U.S.C. 103.
The rejections under 35 U.S.C. 103 are withdrawn in light of the amendments and new rejections are presented in light of the amendments. Although new rejections are presented, in the interests of compact prosecution, Applicant’s arguments will be addressed.
On page 7, 2nd paragraph, Applicant argues:
On page 14 of the Office Action, Neuner in view of Puscasu is cited for disclosing a wavelength spanning the EM spectrum including IR (col. 2, last para. "the wavelength ranges may include the infrared, visible, and ultraviolet spectrums."). That is, Neuner broadly discloses the full range of electromagnetic radiation but fails to describe how the entire spectrum could be utilized for optical communications in seawater. Nevertheless, the Examiner alleges that it would have been obvious to use any wavelength in the ER spectrum, including 900-3000nm. Applicant respectfully disagrees.
This portion of Neuner was cited for the teaching to use the IR portion of the optical spectrum (see the previous Action on page 14 citing Neuner at col. 2, last paragraph). Neuner teaches examples of devices to generate and detect optical signals. See the bottom of col. 2 and the top of col. 3:
(12) Optical source 30 may comprise one or more optical sources, such as LEDs, lasers, or other sources configured to propagate an optical signal as would be recognized by a person having ordinary skill in the art. In some embodiments, one optical source is used that is configured to propagate optical signals of varying wavelengths and/or wavelength ranges. In some embodiments, multiple optical sources 30 are used that are each configured to propagate a particular wavelength and/or wavelength range. The wavelength ranges propagated by optical source 30 may span the optical electromagnetic spectrum. As an example, the wavelength ranges may include the infrared, visible, and ultraviolet spectrums.
(13) Detection system 40 is configured to detect reflected optical signals 62, which are the propagated optical signals 32 reflected off of reflective surface 60. Detection system 40 may comprise one or more photoelectric-based optical detectors, such as photoresistors, photomultiplier tubes, and photodiodes. In some embodiments, detection system 40 may comprise one detector that detects each of the reflected signals. In some embodiments, detection system 40 may comprise more than one detector to enable simultaneous detection of multiple reflected signals.
Neuner also specifically discusses optical communication in seawater. See the middle of col. 1:
(1) Wirelessly transmitting large volumes of information at high data rates in certain environments, such as underwater, is becoming increasingly important for applications such as environmental monitoring and petroleum exploration and maintenance. As an example, interest in optical communication between undersea assets has increased because such optical communications can, at short ranges (10 m-100 m), provide much higher data rates than acoustic communications. The blue-green spectrum is used because seawater exhibits maximal transmission in this region, but local water conditions can vary the ideal wavelength significantly. Clear ocean waters best transmit blue light sources (around 475 nm), while turbid coastal waters best transmit green light sources (around 550 nm).
Furthermore, optical communication is fundamentally the same regardless of the medium. In general, optical communication includes modulating optical signals, sending the modulated signals through some medium (e.g., air, water, fiber), and receiving and using the signals. Therefore, when Neuner states that “wavelength ranges may include the infrared, visible, and ultraviolet spectrum”, one of ordinary skill would understand to generate/modulate optical signals (e.g., with an LED) at wavelength(s) in the desired range (e.g., the IR range), propagate them through the medium (e.g., water), and receive/use them (e.g., with a photodiode).
On page 7 of the Remarks, 3rd and 4th paragraphs, Applicant argues:
"One factor that may weigh against maintaining an obviousness rejection based on optimization of a variable disclosed in a range in the prior art is where an applicant establishes that the prior art disclosure of the variable is within a range that is so broad in light of the dissimilar characteristics of the members of the range as to not invite optimization by one of skill in the art."
MPEP 2144.05, III, D.
Neuner, col. 2, lines 56-60 discloses that "[t]he wavelength ranges propagated by optical source 30 may span the optical electromagnetic spectrum. As an example, the wavelength ranges may include the infrared, visible, and ultraviolet spectrums." However, it would not have been obvious to utilize any wavelength in the optical electromagnetic spectrum for generating an optical signal for an underwater optical communications channel at least because it has been recognized that certain wavelengths are highly attenuated in seawater, rendering certain wavelengths less suitable, or unsuitable, for certain types of underwater optical communications.
Applicant has noted that attenuation depends on wavelength, but Applicant has not established “that the prior art disclosure of the variable is within a range that is so broad in light of the dissimilar characteristics of the members of the range as to not invite optimization by one of skill in the art." The obvious solution or optimization to variable attenuation based on wavelength is to select a wavelength with an attenuation that is compatible with the intended use. For example, for long distance communication, a wavelength with low attenuation is the obvious solution/optimization. If only short distance communication is required, then wavelengths with higher attenuation can be used. This level of reasoning is well within the abilities of one of ordinary skill in the art.
On pages 7-8, Applicant argues:
As discussed on page 4, lines 15-24, of the present specification, "signals for underwater communication can be attenuated quite significantly due to the prevailing conditions. To offset this, acoustic signals, for example, can be transmitted at low frequencies in order to extend the distance over which they can be sent. However, apart from the fact that this results in a relatively low bandwidth for such signals, the signals are also relatively easy to detect. Accordingly, a communication session can be easily intercepted and/or the source of the acoustic signal located. Underwater optical communications use low loss wavelengths in order to enable transmission over relatively long distances. However, as with acoustic transmissions, this makes them susceptible to observation and source location by, e.g., hostile observers."
To reduce the chance of hostile observation, as discussed on page 5, lines 1-14, of the present specification, "[a] wavelength of the optical signal can be highly attenuated in a participating medium, such as seawater for example. As such, an optical signal can penetrate the participating medium over a desired distance, but an observer, such as a hostile observer for example, would need to be very close to the optical transmitter (and/or the asset to which the optical signal is directed) to detect the communications channel. In an example, a wavelength of the optical signal can be selected from the near infra-red or short wavelength infra-red regions. For example, a wavelength between the range 800-3000nm can be selected. For example, a wavelength for an optical signal can be selected at 900nm, 1200nm, 1450nm or 1950nm." That is, optical wavelengths in the range of 800-3000nm are difficult to observe in seawater except at very close range.
In the first paragraph Applicant discusses the problems in the art and a solution (acoustic signals) that Applicant finds unacceptable. In the second paragraph, Applicant discusses how the present application approaches the problem by using a particular range of wavelengths (i.e., 800nm-3000nm). As discussed in the previous Action and as discussed below, it was known to use wavelengths in this range (e.g., see Neuner; see also Rhodes). The second paragraph also mentions an intended use where there is a “hostile observer”, but this is not in the claims.
On page 8, second to last paragraph, Applicant argues:
By contrast, Neuner, col. 1, lines 30-43, discloses that the "ideal wavelength" for optical
communication at short range in seawater is blue light (~475 nm) in clear water and green light
(~550nm) in turbid water (also see Neuner, col. 5, lines 13-16, disclosing 450-475nm and 495-
570nm). Neuner is not concerned with hostile observation and instead aims to optimize the
propagation of the optical signal by using "ideal wavelengths" below 570nm. However, such
wavelengths below 570nm would expose the communications to hostile observation and therefore
would be unsuitable for certain types of underwater optical communications.
Neuner’s teaching of the “ideal” wavelengths are preferred embodiments for particular applications. But Neuner is clear that it is not limited to these wavelengths, and Neuner teaches the use of other wavelengths including IR light which is within the scope of the claims. See Neuner at the bottom of col. 2:
(12) Optical source 30 may comprise one or more optical sources, such as LEDs, lasers, or other sources configured to propagate an optical signal as would be recognized by a person having ordinary skill in the art. In some embodiments, one optical source is used that is configured to propagate optical signals of varying wavelengths and/or wavelength ranges. In some embodiments, multiple optical sources 30 are used that are each configured to propagate a particular wavelength and/or wavelength range. The wavelength ranges propagated by optical source 30 may span the optical electromagnetic spectrum. As an example, the wavelength ranges may include the infrared, visible, and ultraviolet spectrums.
Regarding the argument that “Neuner is not concerned with hostile observation”, the claims do not require a hostile observer/observation.
On pages 8-9, Applicant argues:
None of the specific wavelength ranges disclosed by Neuner for optical communication in
seawater are within the range between 900-3000nm, and Neuner teaches away from using higher
wavelengths, where the signal is highly attenuated by the seawater, to optimize the wavelengths
for undersea optical communication, particularly at short ranges of 10-100m (Neuner, col. 1, line
36). That is, "the prior art disclosure of the variable is within a range that is so broad in light of
the dissimilar characteristics of the members of the range as to not invite optimization by one of
skill in the art." MPEP 2144.05, III, D. Therefore, it would not have been obvious to modify Neuner, which discloses ideal wavelengths below 570nm, to use wavelengths between 900- 3000nm for optical communication in seawater, which are more highly attenuated.
Neuner specifically teaches the use of wavelengths within the IR range (see Neuner at the bottom of col. 2), which is within the range of wavelengths (900nm-3000nm) recited in the claims. For the same reason, Neuner does not teach away from longer wavelengths (i.e., Neuner specifically teaches the IR spectrum can be used). Although Neuner also teaches the use of wavelengths outside of the claimed range, this is not a teaching away, it is a teaching of other embodiments that may be desirable in particular situations. The remainder of the paragraph is a summary of the arguments already discussed above.
Claim Rejections - 35 USC § 112 - Indefinite
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.
Claims 1, 3, and 6-20 are 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.
Claim 1, line 6 recites “an optical signal”. It is not clear if this is a reference to the optical signal introduced in line 4 (in which case the Examiner suggest amending line 6 to “the optical signal”) or if it is a different optical signal (in which case the Examiner suggests using different terms for the different optical signals).
Claim 1, line 7 recites “the selected wavelength”. There is insufficient antecedent basis for this limitation. It may be that this is a reference to the “optical signal with a wavelength” introduced in line 6, but this is not clear.
Claim 1, lines 7-9 recites:
... wherein the selected wavelength is within a range between 900-3000nm for a participating medium comprising seawater,
It is not clear how “for a participating medium comprising seawater” modifies the structure. In particular, the “for a participating medium ...” language seems to be modifying the “900-3000nm” wavelength range, and it is not clear how it is modifying the structure.
Claim 1, lines 7-9 recites:
... wherein the selected wavelength is within a range between 900-3000nm for a participating medium comprising seawater,
It is not clear if the “participating medium comprising seawater” is a required limitation of the apparatus or if it is non-limiting intended use. If this language is intended to further limit the claimed structure, then it is not clear how it further limits the structure and amendment/clarification is required. If it is non-limiting intended use, then the Examiner suggests deleting it to avoid confusion. For the purposes of this Action, it will be treated as non-limiting intended use.
Claim 1, lines 10-11 recites “a participating medium”. It is not clear if this is a reference to the participating medium introduced in line 8 (in which case the Examiner suggest amending lines 10-11 to “the participating medium”) or if it is a different participating medium (in which case the Examiner suggests using different terms for the different participating mediums).
Claim 1, line 13 recites “the wavelength”. It is not clear if this is a reference to the wavelength in the “optical signal with a wavelength” introduced in line 4 or if it is a reference to the “selected wavelength” in line 7.
Claim 1, lines 13-14 recites “the optical signal”. It is not clear if this is a reference to the “optical signal” introduced in line 4 or if it is a reference to the “optical signal” introduced in line 6.
Claim 1, last line, recites “an optical signal”. It is not clear if this is a reference to one of the optical signals introduced earlier in the claim or if it is a new optical signal.
Claim 1, last line, recites “a selected wavelength”. It is not clear if this is a reference to the selected wavelength introduced in line 7 (in which case the Examiner suggest amending the last line to “the selected wavelength”) or if it is a different selected wavelength (in which case the Examiner suggests using different terms for the different selected wavelengths).
Claim 3 recites “the optical signal”. It is not clear which optical signal is being referenced. See the 112(b) rejections of claim 1 regarding “optical signal”.
Claim 8, lines 3-5 recites:
selecting a wavelength within a range between 900-3000nm for a participating medium comprising seawater,
It is not clear how to interpret “for a participating medium comprising seawater”. In other words, it is not clear how “for a participating medium including seawater” affects selecting a wavelength between 900nm-3000nm. For the purposes of this Action, this will be interpreted as non-limiting intended use.
Also, the claim does not appear to recite operating in seawater. The preamble recites “underwater” communication, and the last line recites “transmitting the optical signal” without reference to the medium.
For the purposes of this Action, the underlined portion of the claim will be interpreted as non-limiting intended use. See the rejection of similar language in claim 1.
Claims 9-13 are rejected because they depend from claim 8 and because they fail to further limit the scope in a manner to overcome the rejections.
Claim 14, lines 7-8 recites:
... within a range between 900-3000nm for a participating medium comprising seawater,
It is not clear how to interpret this language. For the purposes of this Action, this will be interpreted as non-limiting intended use. See the rejection of similar language in claim 1.
Claim 15 is rejected because it depends from claim 14 and because it fails to further limit the scope in a manner to overcome the rejections.
Claims 3, 6, 7, 9-13, and 15-20 are rejected because they depend from one or more of the claims rejected above and because they fail to further limit the scope in a manner to overcome the rejections.
Claim Rejections - 35 USC § 103 - Obvious
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 9,735,891 (Neuner) in view of US 2008/0205892 (Baiden) in view of US 2009/0208219 (Rhodes).
Regarding claim 8, Neuner teaches a method of optical underwater communication using an underwater optical communications channel, the method comprising:
selecting a wavelength within a range between 900-3000nm for a participating medium comprising seawater;
modulating data to generate an optical signal at the selected wavelength; and
transmitting the optical signal (FIG. 1: transmitting optical signal 32 from optical source 30).
FIG. 1 is reproduced for reference.
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The optical source 30 is an optical transmitter that generates an optical signal 32. See the middle of col. 2:
(9) FIG. 1 shows a block diagram of an embodiment of a system 10 in accordance with the Wavelength Optimization for Underwater Free-Space Optical Communications. System 10 includes a platform 20 having an optical source 30 and a detection system 40 each connected to a processor 50. System 10 is configured to propagate, via optical source 30, optical signals 32 through a surrounding medium, such as air or water, towards a reflective surface 60.
The optical signal 32 has a wavelength. See the middle of col. 2:
(10) In some embodiments, optical signals 32 are propagated from platform 20 sequentially, while in other embodiments, optical signals 32 are propagated from platform 20 in parallel. As an example, each different optical signal propagated, either sequentially or in parallel, may have a different wavelength or a wavelength in a different range. However, in other embodiments, one or more of the propagated signals may have the same wavelength or a wavelength within the same range as another propagated signal.
Furthermore, Neuner also teaches to select the wavelength used. See the last full para in col. 3:
(17) Processors 50 and 150 may comprise any type of computational device having specific circuitry contained therein or specific software modules stored therein or accessible thereto that is configured to perform the functionality of processors 50 and 150 as described herein. As an example, processors 50 and 150 may comprise an FPGA processor, a microcontroller, or similar. Processors 50 and 150 are configured to receive respective reflected optical signals 62 and 162 from their respective detection system 40 and 130. Processors 50 and 150 are then configured to select an ideal optical wavelength for optical communication from their respective platform 20 and 110 within the surrounding medium based upon one or more characteristics of the respective detected reflected optical signals 62 and 162.
Neuner teaches optical communication of information/data. See the middle of col. 1:
(1) Wirelessly transmitting large volumes of information at high data rates in certain environments, such as underwater, is becoming increasingly important for applications such as environmental monitoring and petroleum exploration and maintenance. As an example, interest in optical communication between undersea assets has increased because such optical communications can, at short ranges (10 m-100 m), provide much higher data rates than acoustic communications. The blue-green spectrum is used because seawater exhibits maximal transmission in this region, but local water conditions can vary the ideal wavelength significantly. Clear ocean waters best transmit blue light sources (around 475 nm), while turbid coastal waters best transmit green light sources (around 550 nm).
It also teaches to adapt the system to the conditions. See the middle of col. 1.
(2) If an asset is equipped with either of these configurations, but is used in different locations, large optical losses will be incurred or excessive power consumption may be required to compensate for increased signal error. A need exists for a system and method that can adapt to dynamic conditions within a desired operating environment to optimize the optical communication channel between equipment with reduced errors and high data rates.
Furthermore, although the “for a participating medium comprising seawater” is interpreted as non-limiting intended use, in the interests of compact prosecution the Examiner notes that Neuner teaches in the context of seawater. See the middle of col. 1:
(1) Wirelessly transmitting large volumes of information at high data rates in certain environments, such as underwater, is becoming increasingly important for applications such as environmental monitoring and petroleum exploration and maintenance. As an example, interest in optical communication between undersea assets has increased because such optical communications can, at short ranges (10 m-100 m), provide much higher data rates than acoustic communications. The blue-green spectrum is used because seawater exhibits maximal transmission in this region, but local water conditions can vary the ideal wavelength significantly. Clear ocean waters best transmit blue light sources (around 475 nm), while turbid coastal waters best transmit green light sources (around 550 nm).
In other words, to the extent it is not explicit, it would have been obvious to utilize these teachings in seawater.
The Examiner is of the opinion that this is sufficient to teach selecting a wavelength (e.g., whatever wavelength is generated by the optical source, or selected in a variable wavelength source), and to teach modulating data to generate an optical signal at the selected wavelength, and to teach transmitting the optical signal. However, in the interests of compact prosecution, Baiden is also cited.
Baiden teaches underwater communication including selecting the wavelength based on the characteristics of the water. See:
[0031] FIG. 1 illustrates a communications zone 10 in an underwater optical communications system and method according to the present invention. It will be appreciated that the principles of the invention can also be applied to surface-based and space-based communications systems. Further, although the communications system of the invention is advantageously used in underwater mining applications, it can also be used for such tasks as border security (marine patrol), underwater inspection of boat hulls as shown in FIG. 12, inspection of water intake pipes 7 as shown in FIG. 15, and many other applications.
[0036] The beacons 20 preferably emit light in the visible spectrum, via light emitting diodes (LED's) or any other suitable light emitting element. The precise wavelengths will be selected based on the attenuation characteristics of the environment, and can be achieved by selection of the light-emitting elements 22 or 23 and/or by optical filtering. By way of example only, certain wavelengths of green light in the range around 5,100 to 5,200 Angstroms have been found to travel well through seawater. The particular wavelength and intensity of light most suitable for the optical communications may depend upon the transmissivity of the water, the type of suspension (e.g. organic, sedimentary etc.) causing any cloudiness or murkiness, and the spectral characteristics of ambient light within the communications zone 10. However, the particular wavelengths (use of more than one wavelength of light can be advantageous, as described below) and intensity of the light-emitting elements 22 or 23, can be optimized through experimentation.
It also teaches modulating light.
[0037] The submersible craft 30 and the control station 40 each comprise suitable electro-optical circuitry for converting optical signals received by the light beacons 20 from the submersible craft 30 to electrical signals, and for converting electrical control signals received from the control station 40 to optical signals sent by the light beacons 20 to the submersible craft 30. The light signals emitted by the light emitting elements 22 or 23 may be modulated in any suitable fashion. There are many devices and systems for converting electrical pulses to discrete optical pulses, and for converting optical pulses to discrete electrical pulses, in the analog and digital domains, which are well known to those skilled in the art. There are also optical communications systems described in the art, some of which are free space communications systems and some of which include multiplexing systems for achieving higher data rates, by way of non-limiting example only, the System and Method for Free Space Optical Communications Using Time Division Multiplexing of Digital Communication Signals described in U.S. Pat. No. 6,246,498 issued to Dishman et al. on Jun. 12, 2001; the Optical Space Communication Apparatus Sending Main Signals and an Auxiliary Signal for Controlling the Intensity at the Receiver described in U.S. Pat. No. 5,610,748 issued to Sakanaka et al. on Mar. 11, 1997; and the Optical Communications System described in U.S. Pat. No. 5,896,211 issued to Watanabe on Apr. 20, 1999; all of which are incorporated herein by reference. The invention is not intended to be limited to any particular opto-electric conversion methodology or communications system.
[0045] The communications methodology may comprise any conventional optical communications system, but preferably utilizes a packet-based system utilizing optical pulses to transmit the data packets. The preferred embodiment of the invention operates under a token passing system, in which each token is managed by a header and footer. Data, preferably including video from on-board cameras located about the submersible craft 30, is transmitted optically to the light beacons 20. Data and video information are displayed at the control station 40 for monitoring each submersible craft 30, and the return data stream controls the submersible craft 30, steering it to a new position or orientation and/or initiating a task.
In other words, it was known for underwater communication to include modulating data onto an optical signal and transmitting the signal.
As a result, to the extent it was not taught in Neuner, it would have been obvious that the teachings of Neuner can be implemented in a known manner, such as underwater communication including and selecting different wavelengths based on the characteristics of the water, modulating the data onto the carrier, and transmitting the optical signal in seawater as taught by Baiden. In particular, both are in the same technical field (e.g., optical communications) and the results would have been predictable.
900-3000 nm.
Neuner teaches that the wavelength range includes the IR spectrum. See col. 2, last full paragraph:
(12) Optical source 30 may comprise one or more optical sources, such as LEDs, lasers, or other sources configured to propagate an optical signal as would be recognized by a person having ordinary skill in the art. In some embodiments, one optical source is used that is configured to propagate optical signals of varying wavelengths and/or wavelength ranges. In some embodiments, multiple optical sources 30 are used that are each configured to propagate a particular wavelength and/or wavelength range. The wavelength ranges propagated by optical source 30 may span the optical electromagnetic spectrum. As an example, the wavelength ranges may include the infrared, visible, and ultraviolet spectrums.
Furthermore, it was well-known that the IR spectrum spans the range recited in the claim, and the Examiner takes Official Notice thereof. The Examiner is of the opinion that this is sufficient for teaching the recited range. However, in the interests of compact prosecution, a rejection using Baiden and Rhodes is also presented.
Baiden teaches that different wavelengths of light can be used depending on the conditions of the water (e.g., transmissivity, type of suspension, cloudiness or murkiness; see [0036]) and teaches an example using a source generating light with a wavelength in the range of 5,100 to 5,200 Angstroms (see [0036]). Baiden qualifies this as “by way of example only”. Furthermore, Rhodes teaches optical communication underwater (see [0002]) and teaches that the transmissivity/absorption of EM signals (e.g., light) in water is a function of wavelength. See:
[0042] FIG. 1 shows electromagnetic absorption through water from X-ray wavelengths to VHF radio. The plot shows opportunities for communication exist in the optical spectrum around 500 nm and in the radio spectrum above 100 cm wavelength where attenuation allows communication at useful range. Wavelength is modified by the conductive nature of seawater so the wavelengths shown here should not be converted to frequencies using the standard through air formulae.
Rhodes at FIG. 1 illustrates absorption coefficient and penetration depth versus wavelength:
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In particular, FIG. 1 of Rhoads teaches that the absorption of light in the water and the distance an optical signal will travel is a function of the optical wavelength used. The Examiner also notes that the claim does not limit the scope to any particular communication range and the claim does not recite any limit on attenuation of the optical signal.
In light of these teachings, it would have been obvious to one of ordinary skill that the spectrum of wavelengths that can be used for optical communication in Neuner and Baiden are within the range recited in the claim. In particular, Rhodes is in the same technical field (e.g., underwater optical communications) and the results would have been predictable.
Regarding claim 9, Neuner teaches the method as claimed in claim 8, further comprising:
generating a measure representing turbidity of prevailing conditions for the optical communications channel (FIG. 1: detection system 40); and
selecting the wavelength on the basis of the generated measure (FIG. 1: processor 50).
Neuner teaches to use the detection system to measure how light travels through the water. See the paragraph spanning cols. 2-3:
(13) Detection system 40 is configured to detect reflected optical signals 62, which are the propagated optical signals 32 reflected off of reflective surface 60. Detection system 40 may comprise one or more photoelectric-based optical detectors, such as photoresistors, photomultiplier tubes, and photodiodes. In some embodiments, detection system 40 may comprise one detector that detects each of the reflected signals. In some embodiments, detection system 40 may comprise more than one detector to enable simultaneous detection of multiple reflected signals.
Neuner also teaches to use the detected optical signal to select the ideal wavelength. See the bottom of col. 3:
(17) Processors 50 and 150 may comprise any type of computational device having specific circuitry contained therein or specific software modules stored therein or accessible thereto that is configured to perform the functionality of processors 50 and 150 as described herein. As an example, processors 50 and 150 may comprise an FPGA processor, a microcontroller, or similar. Processors 50 and 150 are configured to receive respective reflected optical signals 62 and 162 from their respective detection system 40 and 130. Processors 50 and 150 are then configured to select an ideal optical wavelength for optical communication from their respective platform 20 and 110 within the surrounding medium based upon one or more characteristics of the respective detected reflected optical signals 62 and 162.
The characteristics of the reflected light are obviously affected by the characteristics of the water. For example, very clear water will transmit more light (resulting in a greater light intensity at the receiver), and cloudy water full of particles will scatter and absorb more light (resulting in less light intensity at the receiver). See also the top of col. 4:
(19) In some embodiments, the ideal optical wavelength is determined using backscatter data in addition to the calculated power loss per wavelength. In such embodiments, no reflector is used, and the system analyzes the light intensity backscattering from the medium. Minimal backscatter indicates a minimal concentration of scatter-inducing particulate matter, a condition ideal for optical transmission. In some embodiments, the ideal optical wavelength for optical communication from platforms 20 and 110 may be determined based upon other characteristics of the detected reflected signals.
Neuner specifically contemplates water turbidity with reference to selecting a wavelength to be used. See 1st full paragraph in col. 5:
(24) FIGS. 4 and 5 show diagrams 300 and 400 of an embodiment of a system in accordance with the Wavelength Optimization for Underwater Free-Space Optical Communications operating in an underwater environment. As shown in diagram 300 in FIG. 4, system 310 is located in an underwater environment 320 where the water is turbid. As an example, system 310 is configured as shown in FIGS. 3A and 3B. An optical source on system 310 propagates an optical signal 330 having a first wavelength and an optical signal 340 having a second wavelength. As an example, the first wavelength is in the green spectrum, typically between 495 nm and 570 nm, while the second wavelength is in the blue spectrum, typically between 450 nm and 495 nm. As shown, optical signal 330 propagates further in turbid water than optical signal 340, allowing optical signal 330 to reach a reflective surface 350 coupled to a tether 360 in underwater environment 320.
In other words, the detection system 40 measures turbidity of the water when selecting which wavelength of light to use for optical communication.
Neuner also teaches that the processor 50 selects the wavelength based on the signal received by the detection system 40. See last full para in col. 3:
(17) Processors 50 and 150 may comprise any type of computational device having specific circuitry contained therein or specific software modules stored therein or accessible thereto that is configured to perform the functionality of processors 50 and 150 as described herein. As an example, processors 50 and 150 may comprise an FPGA processor, a microcontroller, or similar. Processors 50 and 150 are configured to receive respective reflected optical signals 62 and 162 from their respective detection system 40 and 130. Processors 50 and 150 are then configured to select an ideal optical wavelength for optical communication from their respective platform 20 and 110 within the surrounding medium based upon one or more characteristics of the respective detected reflected optical signals 62 and 162.
In other words, the processor 50 selects the wavelength based on the signal received by the detection system 40
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over the art as applied to claim 8 above, and further in view of US 2007/0127539 (Wang).
Regarding claim 10, Wang teaches the method as claimed in of claim 8, further comprising: collimating the optical signal.
Wang teaches that it was known for an optical transmitter to include a collimating lens to collimate an optical signal. See:
[0024] In the case of the FIG. 2 laser system, thin film filter 52 instead of being an independent structure may be manufactured on the incident surface of the retroreflector 56. This enhances robustness and possibly reduces cost. This typically is especially useful when a precise laser output center wavelength is not required. Note that the output side collimating lens 58 may collimate the light output beam 62 for either free space transmissions or for focusing light beam 62 into an optical fiber (not shown) as well known in the field.
In other words, it was well-known to collimate an optical signal in a free space optical communication system. It would have been obvious that that method can be implemented in a known manner, such as with a collimating lens to collimate light as taught in Wang. In particular, both Neuner and Wang are in the same technical field and the results would have been predictable.
Claim(s) 11 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over the art as applied to claim 8 above, and further in view of US 2018/0234180 (Takahashi).
Regarding claim 11, Neuner teaches the method of claims 8, further comprising:
receiving the transmitted optical signal at a receiver (FIG. 1: detection system 40); and
filtering the received signal.
Neuner teaches the use of an optical receiver/detector 40. Furthermore, it was known that optical receivers can include a filter. See Takahashi at:
[0058] The free space optical receiver 1200 includes a receiving-side telescope 1210 serving as a light collecting means, a narrowband band-pass filter (BPF) 1220 serving as an optical band-pass means, and an optical receiver 1230 serving as an optical receiving means.
In other words, it was known that free space optical communications can include a filter to filter the received optical signal.
It would have been obvious that the received signal is filtered as taught in Takahashi. In particular both Neuner and Takahashi are in the same technical field (optical communication) and the results would have been predictable.
Regarding claim 12, Takahashi teaches the method of claim 11, further comprising: filtering environmental background optical noise from the received signal using an optical bandpass filter.
Takahashi teaches the use of a BPF (see claim 11). It teaches that the BPF allows the desired optical signal (i.e., the laser light at a particular frequency modulated with the data) through the filter. See:
[0059] The receiving-side telescope 1210 collects received light including received laser beams of wavefront control beams having propagated through the free space 20. The narrowband band-pass filter (BPF) 1220 lets the received laser beams among the received light through. The optical receiver 1230 performs photoelectric conversion on the received laser beams. As the optical receiver 1230, an array-type optical detector typified by a charge coupled device (CCD), a quadrant detector (QD) sensor, or the like can be used.
The BPF tuned to pass the desired wavelength will block other frequencies not at the passband (e.g., environmental background optical noise). From this, it would have been obvious that the optical BPF filters environmental background optical noise from the received signal.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over the art as applied to claim 12 above, and further in view of US 6,807,201 (Nitta) and US 5,181,135 (Keeler).
Regarding claim 13, Neuner teaches the method of claim 12, further comprising: tuning the pass band of the optical bandpass filter on the basis of the underwater depth of the receiver.
Tunable BPF.
As discussed in claims 11 and 12, Takahashi teaches the use of a BPD in a free space optical receiver. Furthermore, Nitta teaches that it was known to use a tunable BPF as a wavelength selector to select a desired wavelength to be detected by the receiver. See the paragraph spanning cols. 3-4:
(24) According to still another aspect of the present invention, there is provided an optical communication system for communicating over a light transmission line that transmits a signal from a transmitter side to a receiver side, in which light of a signal from the above transmitter is transmitted through the light transmission line, and a receiver receives and detects an intensity-modulated signal transmitted from the transmitter through the light transmission line. The system may be a wavelength division multiplexing optical communication system, in which a light transmission line transmits a plurality of intensity-modulated signals at a plurality of wavelengths generated by a plurality of the above transmitters, and a wavelength selector, such as a tunable band-pass filter, selects the intensity-modulated signal at a desired wavelength to be detected on a receiver side.
It would have been obvious that the BPF can be of a known form, such as a tunable BPF as taught in Nitta. In particular, Nitta is in the same technical field (optical communications) and the results would have been predictable.
Tuning Based on Depth.
Neuner teaches that different frequencies of light are preferred for communication based on the turbidity of the water. See the middle of col. 1:
(1) Wirelessly transmitting large volumes of information at high data rates in certain environments, such as underwater, is becoming increasingly important for applications such as environmental monitoring and petroleum exploration and maintenance. As an example, interest in optical communication between undersea assets has increased because such optical communications can, at short ranges (10 m-100 m), provide much higher data rates than acoustic communications. The blue-green spectrum is used because seawater exhibits maximal transmission in this region, but local water conditions can vary the ideal wavelength significantly. Clear ocean waters best transmit blue light sources (around 475 nm), while turbid coastal waters best transmit green light sources (around 550 nm).
This suggests that shallow water is more turbid than deeper water. Keeler teaches underwater communications systems (e.g., see the title) and more explicitly teaches that shallow water at and above the thermocline is turbid, and deep water below the thermocline is clearer (Class 1). See the middle of col. 5 to the top of col. 6:
(4) In the open ocean, most of the Jerlov measurements are carried out using Secchi Discs, at 100 to 200 feet. This reflects the optical transmissivity down to those shallow depths. In most turbid waters, the optical absorption takes place in the thermocline and is due to biologics which exist at these shallow depths. In accordance with an important feature of the present invention, a laser-based optical system is provided which obtains remotely measured K.sub.a (attenuation) values at all visible frequencies at depths below the thermocline. The imaging approach of this invention makes it possible to eliminate many of the failings of the non-imaging lidar approaches (see e.g., Raytheon Company Final Report "Pulsed Light Airborne Depth Sounding (PLADS) System", Apr. 30, 1970).
(5) For the most clear water, a region 10 exists where optimum transmission is obtained. A transmitter operating in this region will be able to penetrate the ocean at least 50 meters before it is attenuated 1/e of its initial intensity as it enters the ocean. In accordance with another important feature of the present invention, it has been discovered that a laser transmitter operating in the deep ocean be tuned to or set to operate at frequencies in that optical region. For the shallow or littoral water applications, the water is normally of a much poorer quality, Class 111 or worse. Here, the frequency dependence is much less pronounced, with a broad minimum at the longer wavelengths, in region 12. Since pulsed lasers operating at this wavelength are generally far more efficient and more technologically mature, they are to be desired for the shallow water application. Finally, it should be pointed out that even in deep ocean areas where the water above the thermocline may have worse transmission properties than Class 1, below the thermocline all deep ocean water is Class 1, at least down to the deep scattering layer (about 1100 feet).
In other words, it was known that there is a relationship between optimal wavelength and turbidity (Nuener) and it was known that there is a relationship between depth and turbidity (Keeler). As a result, it would have been obvious to use different wavelengths at different depths (to optimize for different turbidities) as taught in Nuener and Keeler. In particular, Nuener and Keeler are in the same technical field (optical communications) and the results would have been predictable.
Because the passband of the bandpass filter is what selects the light to be detected, it would have been obvious to tune the BPF to select the wavelength being used (based on the depth/turbidity).
Claim(s) 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 9,735,891 (Neuner) in view of US 2008/0205892 (Baiden) and US 2009/0208219 (Rhodes).
Regarding claim 14, Neuner teaches a system for optical underwater communication, the system comprising:
a transmitting apparatus; and
a receiving apparatus;
wherein the transmitting apparatus comprises an optical transmitter configured to generate an optical signal with a wavelength within a range between 900-3000nm for a participating medium comprising seawater, the optical signal for transmission to the receiving apparatus over an underwater optical communications channel between the transmitting apparatus and the receiving apparatus.
FIG. 1 is reproduced for reference.
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This illustrates an optical source 30 and detection system 40. Neuner teaches that the invention is related to underwater optical communication of data. See the middle of col. 1:
(1) Wirelessly transmitting large volumes of information at high data rates in certain environments, such as underwater, is becoming increasingly important for applications such as environmental monitoring and petroleum exploration and maintenance. As an example, interest in optical communication between undersea assets has increased because such optical communications can, at short ranges (10 m-100 m), provide much higher data rates than acoustic communications. The blue-green spectrum is used because seawater exhibits maximal transmission in this region, but local water conditions can vary the ideal wavelength significantly. Clear ocean waters best transmit blue light sources (around 475 nm), while turbid coastal waters best transmit green light sources (around 550 nm).
In addition, FIG. 3B illustrates the underwater craft 210 transmitting an optical signal 260.
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See also the paragraph spanning cols 4-5:
(23) FIG. 3B shows a diagram illustrating the propagation from system 200 of an optical signal using the selected ideal optical wavelength. As shown in FIG. 3B, retractable arm 220 is fully retracted within body 210 such that reflective surface 230 is out of the optical signal path from the optical source. The optical source propagates a signal 260, for communication or other means such as light detection and ranging (LIDAR), using the ideal optical wavelength.
In light of the teachings of optical communication and transmitting optical signals, it would have been obvious that there is a corresponding optical receiver to receive the transmitted the optical communication signal in FIG. 3B. However, in the interests of compact prosecution, Baiden is also cited See:
[0008] According to the invention, a series of omni-directional light beacons are dispersed throughout a communications zone. The light beacons are each provided with a plurality of light-emitting elements which are positioned so that each beacon within the communications zone emits light in all directions, to transmit control signals to equipment such as a submersible craft comprising one or more robotic mining mechanisms. Interspersed amongst the light emitting elements are optical receiving elements, for receiving communications from the submersible craft.
In other words, it was known for underwater communication to include one apparatus transmitting optical signals and another receiving them. It would have been obvious that the system of Neuner can include a receiving apparatus as taught in Baiden. In particular, both are in the same technical field and the results would have been predictable.
900nm-3000nm.
The wavelength range would have been obvious in light of the teachings of art. See the discussion of claims 1 and 8.
Regarding claim 15, Neuner teaches the system of claim 14, further comprising:
a sensor configured to generate a measure representing turbidity of a participating medium of the underwater optical communications channel FIG. 1: detection system 40); and
a controller of the transmitting apparatus configured to select, on the basis the measure representing turbidity, the wavelength for the optical signal (FIG. 1: processor 50).
See the more detailed discussion of the sensor and controller in the rejection of claim 9.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2021/0152259 (JONGSMA) at FIG. 1 illustrates an underwater optical communications system 20 including plural underwater optical communications (UWOC) units 30.
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FIG. 2 illustrates one of the underwater optical communications (UWOC) units 30 in more detail.
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See, for example:
[0064] FIG. 2 presents a perspective view of an exemplary observation/UWOC unit 30, which is part of the system 20 shown in FIG. 1, and which is deployed underwater on the seafloor 13.
[0065] The observation unit 30 comprises a housing 32, which accommodates various sensors 38, 40, 42 and other electronic components 36, 44, 46, 48 in a watertight and pressure resistant manner. The housing 32 is at a lower distal portion 56 coupled to a base 34. The base 34 defines a support structure for the housing 32, and accommodates a power supply 48, which is electrically coupled to the sensors 38, 40, 42 and the other electronic components 36, 44, 46 to provide required electrical power. The base 34 further includes a support arrangement, which in this example is a tripod leg structure on a lower side, and which is adapted to support the base 34 and underwater observation unit 30 relative to the seabed 12 or structure 14, 16. In this example, the power supply 48 is formed by a replaceable seawater battery, which is known per se. The base 34 is selectively detachable from the housing 32, to allow the battery 48 to be replaced.
[0067] In a deployed state of the unit 30, the unit axis A is preferably directed with a substantial component normal to the (macroscopic) orientation of the supporting submerged surface 13 or structure 14, 16, to allow the optical communication device 35 and the imaging device 40 a largest possible unobstructed FOV. Furthermore, the deployed observation units 30 project with at least the medial portion 50, 51, the component casing 52, and the transparent dome 54 above the surface 13 of the seabed 12. This allows the imaging device 40 of one unit 30 to observe the unit's surroundings and to provide the optical communication device 35 a line of sight to communication devices 35 of one or more other units 30 in the vicinity. The achievable visual and/or optical communication range between units 30 deployed underwater may be in the order of several hundreds of meters. In this example, the units 30 are relatively small; A height ΔZu of the housing 32 (from 56 to the top of dome 54) along the axis A is several tens of centimeters e.g. about 25 centimeters, and diameter Øu of the housing 32 transverse to the axis A is about 10 centimeters.
[0068] The component casing 52 forms a pressure resistant shell, which consists essentially of Titanium and defines an internal chamber for accommodating an orientation sensor 42, a processor 44, and a memory unit 46. Titanium is a strong, light, and corrosion-resistant metal. In addition, the thermal expansion coefficient of Titanium can advantageously be selected to approach or even match the thermal expansion coefficient of particular types of glass that may be used for forming the dome 54 and/or the medial portions 50, 51, to reduce differential thermal stress between these parts (and potential negative optical effects) under varying temperature conditions.
[0069] The medial portion 50, 51 is formed by a first medial portion 50 and a second medial portion 51, which are stacked along and centered on the unit axis A, and which accommodate distinct functional parts of the optical communication device 35. The communication device 35 includes an optical signal transmitter 36, and an optical signal receiver 38 of the anidolic (non-imaging) type.
[0070] The optical signal transmitter 36 includes a plurality of light sources (70, see FIG. 4), and is configured to transmit an optical data signal via light that is emitted by the light sources 70, through the second medial portion 51, and into the body of water 10 surrounding the unit 30.
[0071] The imaging device 40 is formed by a photogrammetric camera 40 with an ultra-wide field of view (UW-FOV), which is configured to acquire image data of objects located in the vicinity of the unit 30. The camera 40 is configured to detect and acquire image data of other light sources in the vicinity of the unit 70.
[0073] The orientation sensor 42 is configured to acquire attitude data for the unit 30, by determining at least a pitch and a roll of the underwater imaging device 40 relative to the surface 13 or structure 14, 16 on/in which the unit 30 is deployed.
[0074] The processor 44 and memory unit 46 are communicatively coupled with the orientation sensor 42, to receive and store the attitude data acquired by the orientation sensor 42. The processor and memory units 44, 46 are also coupled with the camera 40, to receive and store image data acquired by the camera 40. Furthermore, the processor and memory units 44, 46 are coupled to the communication device 35.
[0076] The processor 44 is configured to receive the image data from the camera 40, and to determine positional data of the second light source relative to the camera 40. The memory unit 46 is configured for storing the positional data with timestamps, to form a dataset of time-dependent positional data. The communication device 35 is configured to transmit the positional data to other underwater observation units 30b, 30c, 30d, a nearby underwater vehicle 18, and/or an underwater processing station.
FIGS. 7 and 8 illustrate the optical communications system with plural underwater optical communications (UWOC) units 30 used with an underwater vehicle 18.
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US 2015/0263806 (Puscasu) teaches the wavelength range of the IR spectrum:
[0017] Infrared (IR) radiation--Invisible electromagnetic radiation having wavelengths from about 700 nanometers, just longer than red light in the visible spectrum, to about 1 millimeter, just shorter than microwave radiation. Infrared radiation includes (A) IR-A (from about 700 nm to about 1,400 nm), (B) IR-B (from about 1,400 nm to about 3,000 nm), and (C) IR-C (from about 3,000 nm to about 1 mm). IR radiation, particularly IR-C, may be caused or produced by heat and may be emitted by an object in proportion to its temperature and emissivity. Portions of the infrared range having wavelengths between about 3,000 and 5,000 nm (i.e., 3 and 5 .mu.m) and between about 7,000 or 8,000 and 14,000 nm (i.e., 7 or 8 and 14 .mu.m) may be especially useful in thermal imaging, because they correspond to minima in atmospheric absorption and thus are more easily detected (particularly at a distance). The particular interest in relatively shorter wavelength IR radiation has led to the following classifications: (A) near infrared (NIR) (from about 780 nm to about 1,000 nm), (B) short-wave infrared (SWIR) (from about 1,000 nm to about 3,000 nm), (C) mid-wave infrared (MWIR) (from about 3,000 nm to about 6,000 nm), (D) long-wave infrared (LWIR) (from about 6,000 nm to about 15,000 nm), and (E) very long-wave infrared (VLWIR) (from about 15,000 nm to about 1 mm). Portions of the infrared range, particularly portions in the far or thermal IR having wavelengths between about 0.1 and 1 mm, alternatively or additionally may be termed millimeter-wave (MMV) wavelengths.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARREN WOLF whose telephone number is (571)270-3378. The examiner can normally be reached Monday through Friday, 7:00 AM to 3:00 PM.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KENNETH N. VANDERPUYE can be reached at 571-272-3078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DARREN E WOLF/Primary Examiner, Art Unit 2634
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