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 .
Status of Claims
This action is in reply to the application filed on 10/07/2024.
No claims have been amended.
No claims have been added.
No claims have been cancelled.
Claims 1-20 are currently pending and have been examined.
Information Disclosure Statement
The information disclosure statement(s) (IDS(s)) submitted on 10/07/2024 and 12/19/2024 have been received and considered.
Claim Rejections - 35 USC § 102
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 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) 1-8 and 10-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brussieux (EP 1868004, hereinafter “Brussieux,” all citations and excerpts taken from the attached machine translation).
Regarding Claim 1, Brussieux teaches:
An autonomous underwater vehicle (AUV), (Brussieux Pg 3 ¶ 8 “According to a particular characteristic, the self-propelled marine mobile means are constituted by […] an unmanned underwater vehicle,”)
comprising: one or more propulsion devices that propel the AUV; (Brussieux Pg 4 ¶ 11 lines 1-2 “The autonomous underwater vehicle used in this embodiment is […] self propelled by a propeller,”)
one or more sensors that generate sensor data indicative of a signature of a vessel; (Brussieux Pg 3 ¶ 7 lines 1-2 “The solution provided is a portable device for measuring the magnetic signature of a boat comprising several magnetic sensors integral with marine mobile means self-propelled by propulsion means,”)
memory; (Brussieux Pg 3 ¶ 11 “this portable device comprises means for acquiring signals from said magnetic sensors and data storage means relating to these signals,”)
and processing circuitry (Brussieux Pg 4 ¶ 11 lines 1-3 “The autonomous underwater vehicle used in this embodiment is […] its trajectory can be controlled remotely or programmed,”)
that: determines an underwater position at which the AUV collects the sensor data; controls the one or more propulsion devices to move the AUV to the underwater position; (Brussieux Pg 5 ¶ 9 lines 2-3 “the craft is programmed to describe an underwater trajectory that preferably, it goes to the vertical of the boat as well as to both sides so as to be able to evaluate the signature of the boat in all directions,”)
receives the sensor data from the one or more sensors while the AUV is at the underwater position; and stores the sensor data in the memory. (Brussieux Pg 5 ¶ 7 lines 7-8 “the storage means records the magnetic and acoustic data from the vessel for the duration of said trajectory,”)
Regarding Claim 2, Brussieux teaches the elements of Claim 1 as described above and further teaches:
wherein the signature comprises an acoustic signature of the vessel. (Brussieux Pg 6 ¶ 10 “In addition, a portable device according to the invention may comprise, in addition, at least one sensor preferably selected from the following list and for measuring a quantity other than the magnetic signature of a boat: a hydrophone intended to measure the pressures and acoustic noises […] an active acoustic sounder to measure acoustic hull indexes, anechoic coatings and acoustic wake indexes.”)
Regarding Claim 3, Brussieux teaches the elements of Claim 1 as described above and further teaches:
wherein the signature comprises a magnetic signature of the vessel. (Brussieux Pg 1 ¶ 2 “The present invention relates to the field of apparatus for measuring magnetic quantities and more particularly to a portable station for measuring the magnetic signature of a naval vessel.”)
Regarding Claim 4, Brussieux teaches the elements of Claim 1 as described above and further teaches:
wherein the signature comprises an electronic signature of the vessel. (Brussieux Pg 6 ¶ 10 “In addition, a portable device according to the invention may comprise, in addition, at least one sensor preferably selected from the following list and for measuring a quantity other than the magnetic signature of a boat: […] an electromagnetic field or electric current sensor,”)
Regarding Claim 5, Brussieux teaches the elements of Claim 1 as described above and further teaches:
a first positioning system that determines a first surface position of the AUV (Brussieux Pg 5 ¶ 7 line 1 “The machine is positioned on the surface of the water and put into operation by action on the remote control,” teaching a first surface position)
relative to the vessel, (Brussieux Pg 6 ¶ 11 lines 1-2 “A device according to the invention may comprise a relative acoustic positioning system with respect to the boat,” teaching a first relative positioning system)
wherein the processing circuitry determines a second surface position of the AUV relative to the vessel or the first surface position, (Brussieux Pg 3 ¶ 9 “According to another characteristic enabling in particular to be able to determine the magnetic characteristics of a building all around it and below, the self-propelled marine mobile means are constituted by an unmanned underwater vehicle and a device according to the invention comprises means programming the trajectory of the submarine mobile means according to the relative position between the boat and these mobile means,” teaching establishing a trajectory (which includes a second position) to be able to determine the characteristics (signature))
and controls the one or more propulsion devices to move the AUV from the first surface position to the second surface position. (Brussieux Pg 5 ¶ 7 lines 2-4 “The motor then drives the propeller 12 of the machine 1 and the signal acquisition means 6 begin to record the signals from the magnetometer 5 and the hydrophone 8, the latter making it possible to determine the relative position of the machine 1 compared to the boat,” describing driving the propeller to move to a second position)
Regarding Claim 6, Brussieux teaches the elements of Claim 5 as described above and further teaches:
wherein the processing circuitry controls the one or more propulsion devices to move the AUV from the second surface position to the underwater position. (Brussieux Pg 5 ¶ 7 lines 4-6 “In the case where the bottom is shallow, typically less than 30 m, the machine is programmed to go to land on the bottom and its engine is stopped so as to eliminate any electromagnetic emission due to the engine of the machine 1,” teaching moving to an underwater position after driving with the propeller (moving to a second position))
Regarding Claim 7, Brussieux teaches the elements of Claim 6 as described above and further teaches:
a second positioning system that generates underwater position information for the AUV, (Brussieux Pg 6 ¶ 11 “A device according to the invention may comprise a relative acoustic positioning system with respect to the boat, for example of the 'short base' type, or absolute relative to the terrestrial reference, for example of the 'underwater GPS' type, or other,” teaching the use of a second type of positioning system)
wherein the processing circuitry confirms that the AUV is at the underwater position based on the underwater position information. (Brussieux Pg 5 ¶ 7 lines 2-4 “The motor then drives the propeller 12 of the machine 1 and the signal acquisition means 6 begin to record the signals from the magnetometer 5 and the hydrophone 8, the latter making it possible to determine the relative position of the machine 1 compared to the boat,” teaching that the relative position is monitored as the process is in progress)
Regarding Claim 8, Brussieux teaches the elements of Claim 7 as described above and further teaches:
wherein the first positioning system comprises a satellite navigation system, and wherein the second positioning system comprises an acoustic system. (Brussieux Pg 6 ¶ 11 “A device according to the invention may comprise a relative acoustic positioning system with respect to the boat, for example of the 'short base' type, or absolute relative to the terrestrial reference, for example of the 'underwater GPS' type, or other,” teaching the alternate use of both GPS (satellite navigation) and acoustic navigation)
Regarding Claim 10, Brussieux teaches the elements of Claim 1 as described above and further teaches:
wherein the processing circuitry controls the one or more propulsion devices to maintain the AUV at the underwater position as the vessel performs a series of maneuvers around the AUV. (Brussieux Pg 5 ¶ 7 lines 5-8 “the machine is programmed to go to land on the bottom and its engine is stopped so as to eliminate any electromagnetic emission due to the engine of the machine 1. The vessel whose magnetic signature is to be determined is then moved along a determined path and the storage means records the magnetic and acoustic data from the vessel for the duration of said trajectory”)
Regarding Claim 11, Brussieux teaches the elements of Claim 10 as described above and further teaches:
wherein the processing circuitry determines the underwater position based on the series of maneuvers. (Brussieux Pg 3 ¶ 9 “According to another characteristic enabling in particular to be able to determine the magnetic characteristics of a building all around it and below, the self-propelled marine mobile means are constituted by an unmanned underwater vehicle and a device according to the invention comprises means programming the trajectory of the submarine mobile means according to the relative position between the boat and these mobile means,” teaching establishing a trajectory (which includes a second position) according to (based on) the relative position between the boat and the device, the relative position describing the maneuvers being made)
Regarding Claim 12, Brussieux teaches the elements of Claim 1 as described above and further teaches:
wherein the processing circuitry: controls the one or more propulsion devices to move the AUV to other underwater positions around the vessel as the vessel remains stationary; and receives additional sensor data from the one or more sensors at each other underwater position. (Brussieux Pg 5 ¶ 7 lines 2-4 “The motor then drives the propeller 12 of the machine 1 and the signal acquisition means 6 begin to record the signals from the magnetometer 5 and the hydrophone 8, the latter making it possible to determine the relative position of the machine 1 compared to the boat,” and Pg 5 ¶ 9 “In the case where the seabed is deep, the boat is immobilized while the craft is programmed to describe an underwater trajectory that --> preferably, it goes to the vertical of the boat as well as to both sides so as to be able to evaluate the signature of the boat in all directions,” describing moving the craft (AUV) to along a trajectory (multiple other underwater positions) to record signals)
Regarding Claim 13, Brussieux teaches:
A method, comprising: determining, for a first autonomous underwater vehicle (AUV), (Brussieux Pg 3 ¶ 8 “According to a particular characteristic, the self-propelled marine mobile means are constituted by […] an unmanned underwater vehicle,”)
a first underwater position at which the first AUV collects first sensor data used to determine a first signature of a vessel; controlling the first AUV to move to the first underwater position; (Brussieux Pg 5 ¶ 9 lines 2-3 “the craft is programmed to describe an underwater trajectory that preferably, it goes to the vertical of the boat as well as to both sides so as to be able to evaluate the signature of the boat in all directions,”)
collecting the first sensor data while the first AUV is at the first underwater position; and storing the collected first sensor data in an onboard memory of the first AUV. (Brussieux Pg 5 ¶ 7 lines 7-8 “the storage means records the magnetic and acoustic data from the vessel for the duration of said trajectory,”)
Regarding Claim 14, Brussieux teaches the elements of Claim 13 as described above and further teaches:
transmitting the stored first sensor data to a post-mission processor that determines the first signature of the vessel. (Brussieux Pg 5 ¶ 10 lines 1-4 “On board the vessel, the sealed hood is removed and the processing means arranged on board the boat are connected to the data storage means 10 and the recorded data are downloaded by the processing means and then processed so as to determine, in a known manner , the magnetic signature of the boat,”)
Regarding Claim 15, Brussieux teaches the elements of Claim 13 as described above and further teaches:
wherein controlling the first AUV to move to the first underwater position comprises: determining a first surface position of the first AUV (Brussieux Pg 5 ¶ 7 line 1 “The machine is positioned on the surface of the water and put into operation by action on the remote control,” teaching a first surface position)
relative to the vessel; (Brussieux Pg 6 ¶ 11 lines 1-2 “A device according to the invention may comprise a relative acoustic positioning system with respect to the boat,” teaching a first relative positioning system)
controlling the first AUV to move from the first surface position (Brussieux Pg 5 ¶ 7 lines 2-4 “The motor then drives the propeller 12 of the machine 1 and the signal acquisition means 6 begin to record the signals from the magnetometer 5 and the hydrophone 8, the latter making it possible to determine the relative position of the machine 1 compared to the boat,” describing driving the propeller to move to a second position)
to a second surface position relative to the vessel; (Brussieux Pg 3 ¶ 9 “According to another characteristic enabling in particular to be able to determine the magnetic characteristics of a building all around it and below, the self-propelled marine mobile means are constituted by an unmanned underwater vehicle and a device according to the invention comprises means programming the trajectory of the submarine mobile means according to the relative position between the boat and these mobile means,” teaching establishing a trajectory (which includes a second position) to be able to determine the characteristics (signature))
and controlling the first AUV to submerge at the second surface position and move to the first underwater position. (Brussieux Pg 5 ¶ 7 lines 4-6 “In the case where the bottom is shallow, typically less than 30 m, the machine is programmed to go to land on the bottom and its engine is stopped so as to eliminate any electromagnetic emission due to the engine of the machine 1,” teaching moving to an underwater position after driving with the propeller (moving to a second position))
Regarding Claim 16, Brussieux teaches the elements of Claim 13 as described above and further teaches:
controlling the first AUV to maintain the first underwater position while the vessel performs a series of maneuvers, (Brussieux Pg 5 ¶ 7 lines 5-8 “the machine is programmed to go to land on the bottom and its engine is stopped so as to eliminate any electromagnetic emission due to the engine of the machine 1. The vessel whose magnetic signature is to be determined is then moved along a determined path and the storage means records the magnetic and acoustic data from the vessel for the duration of said trajectory”)
wherein the first underwater position is determined based on the series of maneuvers. (Brussieux Pg 3 ¶ 9 “According to another characteristic enabling in particular to be able to determine the magnetic characteristics of a building all around it and below, the self-propelled marine mobile means are constituted by an unmanned underwater vehicle and a device according to the invention comprises means programming the trajectory of the submarine mobile means according to the relative position between the boat and these mobile means,” teaching establishing a trajectory (which includes a second position) according to (based on) the relative position between the boat and the device, the relative position describing the maneuvers being made)
Regarding Claim 17, Brussieux teaches the elements of Claim 13 as described above and further teaches:
determining, for the first AUV, a second underwater position at which the first AUV collects second sensor data used to determine the first signature of the vessel; controlling the first AUV to move to the second underwater position; collecting the second sensor data while the first AUV is at the second underwater position; and storing the second sensor data in the onboard memory. (Brussieux Pg 5 ¶ 7 lines 2-4 “The motor then drives the propeller 12 of the machine 1 and the signal acquisition means 6 begin to record the signals from the magnetometer 5 and the hydrophone 8, the latter making it possible to determine the relative position of the machine 1 compared to the boat,” and Pg 5 ¶ 9 “In the case where the seabed is deep, the boat is immobilized while the craft is programmed to describe an underwater trajectory that --> preferably, it goes to the vertical of the boat as well as to both sides so as to be able to evaluate the signature of the boat in all directions,” teaching describing (determining) a trajectory, moving the craft (AUV) along that trajectory (multiple other underwater positions) to record signals)
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 9 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Brassieux in view of Edwards (Magnetic Signature Assessment System using Multiple Autonomous Underwater Vehicles AUVs) Phase 2, 8/31/2011, hereinafter “Edwards”).
Regarding Claim 9, Brassieux teaches the elements of Claim 7 as described above. Brassieux does not teach:
wherein the underwater position information comprises underwater position information from one or more other AUVs deployed for obtaining the signature of the vessel or from the vessel.
Within the same field of endeavor as Brassieux, Edwards teaches:
wherein the underwater position information comprises underwater position information from one or more other AUVs deployed for obtaining the signature of the vessel or from the vessel. (Edwards Pg 3 ¶ 3 lines 7-9 “Initially, the AUVs will be deployed to a location where they will create a formation so that they can take the appropriate data for signature assessment when the ship passes over them,” teaching the use of multiple AUVs deployed in a formation (at multiple positions))
Brassieux and Edwards are considered analogous because they both relate to underwater vehicle sensing for determining vessel signatures. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the determined sensing craft trajectory for sensing the magnetic signature of a vessel of Brassieux with the addition of the multiple AUVs in formation of Edwards. This modification would be made with a reasonable expectation of success as motivated by an improved ability to assess the signature of a vehicle quickly, such as before operation in a hostile environment (Edwards Abstract lines 8-11).
Regarding Claim 18, Brassieux teaches the elements of Claim 13 as described above. Brassieux further teaches:
[…] second sensor data used to determine a second signature of the vessel, the second signature being different than the first signature; […] (Brussieux Pg 6 ¶ 10 “In addition, a portable device according to the invention may comprise, in addition, at least one sensor preferably selected from the following list and for measuring a quantity other than the magnetic signature of a boat: a hydrophone intended to measure the pressures and acoustic noises an electromagnetic field or electric current sensor a particle velocity sensor for measuring wake waves --> an optical sensor to measure photoluminescence an active acoustic sounder to measure acoustic hull indexes, anechoic coatings and acoustic wake indexes,” teaching the collection of data for determination of different signatures than a magnetic signature)
[…] and storing the second sensor data in an onboard memory of the second AUV. (Brussieux Pg 5 ¶ 7 lines 7-8 “the storage means records the magnetic and acoustic data from the vessel for the duration of said trajectory,”)
Brassieux does not teach:
determining, for a second AUV, a second underwater position at which the second AUV collects […]
[…] controlling the second AUV to move to the second underwater position;
and collecting the second sensor data while the second AUV is at the second underwater position; […]
Within the same field of endeavor as Brassieux, Edwards teaches:
determining, for a second AUV, a second underwater position at which the second AUV collects […] controlling the second AUV to move to the second underwater position; and collecting the second sensor data while the second AUV is at the second underwater position; […] (Edwards Pg 3 ¶ 3 lines 7-9 “Initially, the AUVs will be deployed to a location where they will create a formation so that they can take the appropriate data for signature assessment when the ship passes over them,” teaching the use of multiple AUVs deployed in a formation (at multiple positions))
Brassieux and Edwards are considered analogous because they both relate to underwater vehicle sensing for determining vessel signatures. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the determined sensing craft trajectory for sensing the multiple signatures of a vessel of Brassieux with the addition of the multiple AUVs in formation for sensing signatures of Edwards. This modification would be made with a reasonable expectation of success as motivated by an improved ability to assess the signature of a vehicle quickly, such as before operation in a hostile environment (Edwards Abstract lines 8-11).
Regarding Claim 19, the combination of Brassieux and Edwards teaches the elements of Claim 18 as described above. Brassieux further teaches:
wherein the first signature corresponds to a magnetic signature of the vessel, and wherein the second signature corresponds to an acoustic signature of the vessel. (Brussieux Pg 6 ¶ 10 “In addition, a portable device according to the invention may comprise, in addition, at least one sensor preferably selected from the following list and for measuring a quantity other than the magnetic signature of a boat: a hydrophone intended to measure the pressures and acoustic noises […] an active acoustic sounder to measure acoustic hull indexes, anechoic coatings and acoustic wake indexes,” teaching the collection of data for determination of both magnetic and acoustic signatures, as applies to the previously taught multiple AUVs of Edwards)
Regarding Claim 20, Brassieux teaches:
A system, comprising: a first […] autonomous underwater vehicles (AUVs) (Brussieux Pg 3 ¶ 8 “According to a particular characteristic, the self-propelled marine mobile means are constituted by […] an unmanned underwater vehicle,”)
that collect first data indicative of a first signature of a vessel; (Brussieux Pg 5 ¶ 9 lines 2-8 “the craft is programmed to describe an underwater trajectory that preferably, it goes to the vertical of the boat as well as to both sides so as to be able to evaluate the signature of the boat in all directions, […] the storage means records the magnetic and acoustic data from the vessel for the duration of said trajectory,”)
a second group […] (Brussieux Pg 2 ¶ 1 “These polygons are most commonly composed of a set of sensors respectively acoustic, magnetic and electromagnetic placed on the bottom or suspended in the water column, connected to a system of recording and analysis of signals by means of a set of cables and transmission systems,” teaching the background method of measurement of separate vessel properties with groups of separate sensor arrangements)
[…] that collect second data indicative of a second signature of the vessel, the second signature being different than the first signature; (Brussieux Pg 6 ¶ 10 “In addition, a portable device according to the invention may comprise, in addition, at least one sensor preferably selected from the following list and for measuring a quantity other than the magnetic signature of a boat: a hydrophone intended to measure the pressures and acoustic noises […] an active acoustic sounder to measure acoustic hull indexes, anechoic coatings and acoustic wake indexes,” teaching the collection of data for determination of both magnetic and acoustic signatures)
and a post-mission processor that: determines the first signature based on the first data; and determines the second signature based on the second data. (Brussieux Pg 5 ¶ 10 lines 1-4 “On board the vessel, the sealed hood is removed and the processing means arranged on board the boat are connected to the data storage means 10 and the recorded data are downloaded by the processing means and then processed so as to determine, in a known manner , the magnetic signature of the boat,” as applies to the magnetic and acoustic signatures taught in Pg 6 ¶ 10)
Brussieux does not teach:
[…] group of […group] of AUVs […]
Within the same field of endeavor as Brassieux, Edwards teaches:
[…] group of […group] of AUVs […] (Edwards Pg 3 ¶ 3 lines 7-9 “Initially, the AUVs will be deployed to a location where they will create a formation so that they can take the appropriate data for signature assessment when the ship passes over them,” teaching the use of multiple AUVs for signature assessment)
Brassieux and Edwards are considered analogous because they both relate to underwater vehicle sensing for determining vessel signatures. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the determined sensing craft trajectory for sensing the multiple signatures of a vessel of Brassieux with the addition of the multiple AUVs in formation for sensing signatures of Edwards, in the manner of separate formations of sensors used to sense separate properties disclosed in the background of Brassieux. This modification would be made with a reasonable expectation of success as motivated by an improved ability to assess the signature of a vehicle quickly, such as before operation in a hostile environment (Edwards Abstract lines 8-11).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
KR 101965844 discloses a marine vessel magnetic signature scanning system using an Unmanned Aerial Vehicle moving through a planned trajectory relative to the marine vessel
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZACHARY E GLADE whose telephone number is (703)756-1502. The examiner can normally be reached 4-5-9 7:30-16:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kito Robinson can be reached at (571) 270-3921. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ZACHARY E. F. GLADE/ Examiner, Art Unit 3664
/KITO R ROBINSON/ Supervisory Patent Examiner, Art Unit 3664