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 .
Claim Rejections - 35 USC § 112
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 1-19 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.
With respect to claim 1, the claim recites “using the measured property to determine a change in wet volume of a component of the vibrator as a function of time V(t) or derivatives of Vt, and using the determined wet volume V(t) or its derivates to correct for distortions in the seismic data produced by the vibrator.” It is unclear from this language what V(t) is intended to refer to. Possible interpretations based on the language are: “a change in wet volume of a component of the vibrator as a function of time”, “a function of time”, and “the determined wet volume.” Any of these interpretations would, however, lead to inconsistencies in the claim language.
Claim 1 recites the limitation "the determined wet volume" in line 9. There is insufficient antecedent basis for this limitation in the claim. The claim recites “using the measured property to determine a change in wet volume of a component of the vibrator” but does not anywhere determine the wet volume itself.
Claims 2-19 depend from claim 1 and therefore incorporate it in its entirety. They are rejected for the reasons provided above.
Claim 5 is furthermore rejected. The claim recites “the wet volume of the vibrator component as a function of time V(t)”. As discussed above with respect to claim 1, it is unclear from this language what V(t) is intended to refer to.
Claim 18 recites “the component volume V(t)”, which again, as before is unclear as it recites yet another definition for V(t) different from those previously presented.
Conclusion
The prior art which is cited but not relied upon is considered pertinent to applicant's disclosure.
The references made herein are done so for the convenience of the applicant. They are in no way intended to be limiting. The prior art should be considered in its entirety.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRYSTINE E BREIER whose telephone number is (571)270-7614. The examiner can normally be reached Monday (9:30am-6:30pm); Tuesday & Friday (11:30am-5:30pm).
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, Isam Alsomiri can be reached at 571 272 6970. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KRYSTINE E BREIER/ Primary Examiner, Art Unit 3645
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